Regulatory Reform & Economic Development Subcommittee — Revised Meeting Packet, March 28, 2023

Issuer: Congressional materials
Document type: 2023 03 28 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
Date: 2023-03-28

Summary

The revised meeting packet for the Florida House of Representatives Regulatory Reform & Economic Development Subcommittee meeting of Tuesday, March 28, 2023, chaired by Tyler Sirois. The agenda lists bills for consideration, including CS/HB 437 Homeowners' Right to Display Flags, HB 833 Vacation Rentals and HB 1547 Technology Transparency, along with PCB RRS 23-02 on Tourism Development and proposed committee substitutes for HB 919 and HB 1209. The packet includes the House staff analysis of CS/HB 437, which amends s. 720.304, F.S., to let a homeowner display up to two listed flags regardless of HOA rules, with an effective date of July 1, 2023, followed by the bill text. The packet closes with bill text from HB 1547, listing categories of information such as data covered by the Fair Credit Reporting Act.

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

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“2023 03 28 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs - 2023 03 28 3236 Regulatory Reform Economic.” Original at www.flhouse.gov, dated 2023-03-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-28-2023-03-28-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-3-28-23-revised/, SHA-256 fda640fe2ea53cf0432b0c1c223347b0280783858bf17e700846bf8ce8218ccb.

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Regulatory Reform & Economic
Development Subcommittee
Tuesday, March 28, 2023
2:00 pm – 6:00 pm
Webster Hall (212 Knott)

Revised

Meeting Packet

Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair

Meeting Agenda
Tuesday, March 28, 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 437 Homeowners' Right to Display Flags by Civil Justice Subcommittee,
Buchanan

• HB 523 Individual Wine Containers by LaMarca

• HB 545 Fines Levied by Homeowners’ Associations by Arrington

• HB 639 Issuance of Special Beverage Licenses by Esposito

• HB 671 Residential Building Permits by Esposito

• HB 715 Compensation of Lottery Ticket Retailers by Mooney

• HB 737 Secondhand Goods by Barnaby

• HB 833 Vacation Rentals by Duggan

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
• HB 959 Dosage Form Animal Health Products by Tuck

• HB 1241 Safety Standards for Amusement Rides by Bracy Davis

• HB 1243 Pub. Recs./Safety Standards for Amusement Rides by Bracy Davis

• HB 1341 Provision of Homeowners' Association Rules and Covenants by Arrington

• HB 1521 Facility Requirements Based on Sex by Plakon

• HB 1547 Technology Transparency by McFarland

• HB 1549 Pub. Rec./Investigations by the Department of Legal Affairs by McFarland

V. Consideration of the following proposed committee bill(s):

• PCB RRS 23-02 -- Tourism Development

VI. Consideration of the following proposed committee substitute(s):

• PCS for HB 919 – Homeowners’ Associations

• PCS for HB 1209 -- Rural Economic Development
CS/HB 437
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 437 Homeowners' Right to Display Flags
SPONSOR(S): Civil Justice Subcommittee, Buchanan
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1454

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice Subcommittee 15 Y, 1 N, As CS Jones Jones

2) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

3) Judiciary Committee

SUMMARY ANALYSIS
A homeowners’ association (HOA) is a residential property owners association in which voting membership is
made up of parcel owners and membership is a mandatory condition of parcel ownership. An HOA is
authorized to impose assessments that, if unpaid, may become a lien on the parcel.

Under current Florida law, regardless of any HOA covenants, restrictions, bylaws, rules, or requirements to the
contrary, a homeowner may display, in a respectful manner, one United States flag or official State of Florida
flag; and one official POW-MIA flag or a flag representing a specified branch of the United States Armed
Forces. A homeowner may also set up a freestanding flagpole no more than 20 feet high on his or her
property, and display from that flagpole, in a respectful manner, one United States flag or official State of
Florida flag; and one POW-MIA flag or a flag representing a specified branch of the United States Armed
Forces.

Further, under current law, an HOA may not include in its documents any clause preventing the display of a
United States flag. A homeowner who is prevented from exercising the right to display a flag or set up a
flagpole may bring a civil action to enjoin the enforcement of the offending HOA provision at issue.

HB 437 amends s. 720.304, F.S., to provide that notwithstanding any covenant, restriction, bylaw, rule, or
requirement of an HOA, a homeowner may display up to two of the following flags in a respectful manner:
• The United States flag.
• A flag that utilizes the same emblems and proportions utilized by the United States flag, regardless
of the colors used, without any additional emblems or text.
• The official flag of the State of Florida.
• A flag that represents the U.S. Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard.
• A POW-MIA flag.

The bill also provides that a homeowner may fly one United States flag and one flag from the list above from a
freestanding flagpole.

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

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

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0437b.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Homeowners’ Associations

A homeowners’ association (HOA) is a residential property owners association in which voting
membership is made up of parcel owners, membership is a mandatory condition of parcel ownership,
and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. 1 Only
HOAs whose covenants and restrictions include mandatory assessments are regulated by ch. 720, F.S.
Like a condominium or cooperative, an HOA is administered by an elected board of directors. The
powers and duties of an HOA include the powers and duties provided in ch. 720, F.S., and in the
association’s governing documents, which include the recorded covenants and restrictions, together
with the bylaws, articles of incorporation, and duly adopted amendments to those documents.

Florida law sets procedures and minimum requirements for HOA operation and provides for a
mandatory binding arbitration program, administered by the Division of Condominiums, Timeshares
and Mobile Homes, within the Department of Business and Professional Regulation, for certain election
and recall disputes, but no state agency has direct HOA oversight.

Statutorily Permitted Flags

Under current Florida law, regardless of any HOA covenants, restrictions, bylaws, rules, or
requirements to the contrary, a homeowner may:
• Display, in a respectful manner:
o One portable, removable United States flag or official State of Florida flag; and
o One portable, removable official POW-MIA flag or a flag representing the United
States:
 Army.
 Navy.
 Air Force.
 Marine Corps.
 Space Force.
 Coast Guard.
• Set up a freestanding flagpole no more than 20 feet high on his or her real property, subject
to enumerated restrictions, and display from that flagpole, in a respectful manner:
o One portable, removable United States flag or official State of Florida flag; and
o One portable, removable official POW-MIA flag or a flag representing the United
States:
 Army.
 Navy.
 Air Force.
 Marine Corps.
 Space Force.
 Coast Guard.2

A homeowner who is prevented from exercising these rights to display a flag or set up a flagpole may
bring a civil action and obtain a court order enjoining the enforcement of the offending HOA provision at
issue. 3

1 S. 720.301(9), F.S.
2 S. 720.304(2), F.S.
3 S. 720.304(3), F.S.

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DATE: 3/25/2023
Further, s. 720.3075, F.S., provides that an HOA may not include in its documents any clause
preventing the display of a United States flag. 4

Strategic Lawsuits Against Public Participation

A “strategic lawsuit against public participation” (“SLAPP”) is a lawsuit brought against a person who
has spoken out on issues of public importance for the sole purpose of intimidating such person or
driving him or her into silence from the sheer burden and expense of having to defend the lawsuit. 5
The Florida Legislature has recognized that SLAPP lawsuits “are inconsistent with the right of persons
to exercise . . . constitutional rights of free speech in connection with public issues.” 6

To that end, Florida law prohibits both persons and governmental entities from filing a meritless lawsuit
against another person or entity primarily because such person or entity has exercised the
constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to
instruct government representatives, or to petition for redress of grievances before the various
governmental entities of the state (“anti-SLAPP law”). 7 A person or entity sued in violation of the anti-
SLAPP law may ask the court for:
• An order dismissing the action or granting final judgment in favor of such person or entity; or
• Summary judgment seeking a determination that the lawsuit violates the anti-SLAPP law. 8

The court must then set a hearing on the motion, to be held at the earliest possible time after the
plaintiff files the required response. 9 If the plaintiff is a governmental entity, the court may award the
defendant actual damages 10 arising from the governmental entity’s violation of the anti-SLAPP law, and
the court must award the prevailing party reasonable attorney fees and costs incurred in connection
with a claim that an action was filed in violation of such law. 11

Effect of Proposed Changes

HB 437 amends s. 720.304, F.S., to provide that notwithstanding any covenant, restriction, bylaw, rule,
or requirement of an HOA, a homeowner may display up to two of the following flags in a respectful
manner:
• The United States flag.
• A flag that utilizes the same emblems and proportions utilized by the United States flag,
regardless of the colors used on the flag. Such flag must use the fifty stars and thirteen stripes
and not contain any additional emblems or text.
• The official flag of the State of Florida.
• A flag that represents the U.S. Army, Navy, Air Force, Marine Corps, Space Force, or Coast
Guard.
• A POW-MIA flag.

The bill also:
• Provides that a homeowner may fly one United States flag and one flag from the list above from
a freestanding flagpole.
• Amends s. 720.3075, F.S., to provide that an HOA document may not prevent a homeowner
from displaying up to two flags in a respectful manner as listed above.

4 S. 720.3075(3), F.S.
5 Samuel J. Morley, Florida’s Expanded Anti-SLAPP Law: More Protection for Targeted Speakers, 90 Fla. Bar J.16 (Nov. 2016),

https://www.floridabar.org/the-florida-bar-journal/floridas-expanded-anti-slapp-law-more-protection-for-targeted-speakers/ (last visited
March 17, 2023).
6 Ss. 720.304(4) and 768.295(1), F.S.
7 Ss. 720.304(4) and 768.295(3), F.S.
8 Ss. 720.304(4) and 768.295(4), F.S.
9 Id.
10 The court may treble the damages awarded to a prevailing defendant who is a parcel owner in a homeowners’ association and was

sued for exercising his or her right to speak on matters relating to the homeowners’ association. Generally, the damages award is limited
by the sovereign immunity limitations in s. 768.28, F.S., which cap tort recovery against the state and its political subdivisions at $200,000
per person and $300,000 per incident. S. 720.304(4), F.S.
11 Ss. 720.304(4) and 768.295(4), F.S.

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DATE: 3/25/2023
The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 720.304, F.S., relating to right of owners to peaceably assemble; display of
flag; SLAPP suits prohibited.
Section 2: Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.
Section 3: Provides an effective date of July 1, 2023.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

STORAGE NAME: h0437b.RRS PAGE: 4
DATE: 3/25/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

On March 20, 2023, the Civil Justice Subcommittee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment removed language allowing the use of a first responder flag
and inserted language allowing the use of a flag that utilizes the same emblems and proportions utilized by
the American flag.

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

STORAGE NAME: h0437b.RRS PAGE: 5
DATE: 3/25/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 437 2023

1 A bill to be entitled
2 An act relating to homeowners' right to display flags;
3 amending s. 720.304, F.S.; authorizing homeowners to
4 display no more than a certain number of specified
5 flags regardless of certain prohibitions in the
6 governing documents of the homeowners' association;
7 amending s. 720.3075, F.S.; prohibiting certain
8 homeowners' association documents from precluding
9 property owners from displaying a certain number of
10 specified flags; requiring that such flags be
11 displayed in a specified manner; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (a) and (b) of subsection (2) of
17 section 720.304, Florida Statutes, are amended to read:
18 720.304 Right of owners to peaceably assemble; display of
19 flags flag; SLAPP suits prohibited.—
20 (2)(a) If any covenant, restriction, bylaw, rule, or
21 requirement of an association prohibits a homeowner from
22 displaying flags permitted under this paragraph, the Any
23 homeowner may still display one portable, removable United
24 States flag or official flag of the State of Florida in a
25 respectful manner up to two of the following, and one portable,

Page 1 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb0437-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 437 2023

26 removable flags official flag, in a respectful manner, not
27 larger than 4 1/2 feet by 6 feet:, which represents
28 1. The United States flag.
29 2. A flag that utilizes the same emblems and proportions
30 utilized by the United States flag, regardless of the colors
31 used on the flag. For purposes of this subparagraph, the flag
32 must display 50 stars and 13 stripes in the traditional manner,
33 without any additional emblems or text.
34 3. The official flag of the State of Florida.
35 4. A flag that represents the United States Army, Navy,
36 Air Force, Marine Corps, Space Force, or Coast Guard., or
37 5. A POW-MIA flag, regardless of any covenants,
38 restrictions, bylaws, rules, or requirements of the association .
39 (b) Regardless of any covenants, restrictions, bylaws,
40 rules, or requirements of the association, a Any homeowner may
41 erect a freestanding flagpole no more than 20 feet high on any
42 portion of the homeowner's real property as long as, regardless
43 of any covenants, restrictions, bylaws, rules, or requirements
44 of the association, if the flagpole does not obstruct sightlines
45 at intersections and is not erected within or upon an easement.
46 The homeowner may further display in a respectful manner from
47 that flagpole, regardless of any covenants, restrictions,
48 bylaws, rules, or requirements of the association, one official
49 United States flag, not larger than 4 1/2 feet by 6 feet, and
50 may additionally display one other official flag permitted under

Page 2 of 3

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hb0437-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 437 2023

51 paragraph (a) of the State of Florida or the United States Army,
52 Navy, Air Force, Marines, Space Force, or Coast Guard, o r a POW-
53 MIA flag. Such additional flag must be equal in size to or
54 smaller than the United States flag. The flagpole and display
55 are subject to all building codes, zoning setbacks, and other
56 applicable governmental regulations, including, but not limited
57 to, noise and lighting ordinances in the county or municipality
58 in which the flagpole is erected and all setback and locational
59 criteria contained in the governing documents.
60 Section 2. Subsection (3) of section 720.3075, Florida
61 Statutes, is amended to read:
62 720.3075 Prohibited clauses in association documents.—
63 (3) Homeowners' association documents, including
64 declarations of covenants, articles of incorporation, or bylaws,
65 may not preclude the display of up to two one portable,
66 removable flags as described in s. 720.304(2)(a) United States
67 flag by property owners. However, all flags the flag must be
68 displayed in a respectful manner, consistent with the
69 requirements for the United States flag under Title 36 U.S.C.
70 chapter 10.
71 Section 3. This act shall take effect July 1, 2023.

Page 3 of 3

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hb0437-01-c1
HB 523
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 523 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 534

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Commerce Committee

SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

Current law addressing limitations on the size of individual wine containers provides the following:
• The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
• Wine may be sold in a reusable container of 5.16 gallons.
• Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
containers of any size.
• Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
consumed off the premises must be in the unopened original container.
• Violations are a second-degree misdemeanor.

The bill repeals the law relating to limitations on the size of individual wine containers.

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

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

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0523.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Beverage Law

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

“Alcoholic beverages” are defined as “distilled spirits and all beverages containing one-half of 1 percent
or more alcohol by volume.” “Malt beverages” are brewed alcoholic beverages containing malt. 4

The license and registration classifications used in the Beverage Law include the following:
• “Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
at wholesale to licensed distributors and to no one else within the state, unless authorized by
statute.”
• “Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages.”
• “Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 5
• “Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.” 6

Wine Container Limitations

“Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner required by the laws and
regulations of the United States, and includes all sparkling wines, champagnes, combination of the
aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of
the product may not be altered to imitate a beverage other than wine or to change the character of the
wine. 7

Current law governing limitations of the size of wine containers: 8
• Prohibits the sale of wine in an individual container that holds more than one gallon. However,
allows wine to be sold in a reusable container of 5.16 gallons.
• Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors
and manufacturers in any size container. 9

1
Section 561.01(6), F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
See s. 561.14, F.S.
3
S. 561.02, F.S.
4
S. 563.01, F.S.
5
S. 561.01(5), F.S.
6
S. 561.14, F.S.
7
S. 564.01(1), F.S.
8
S. 564.05, F.S.
9
Id.
STORAGE NAME: h0523.RRS PAGE: 2
DATE: 3/25/2023
• Except for restaurants in certain situations, 10 requires wine sold or offered for sale by a licensed
vendor to be consumed off-premises to be in the unopened original container.
• Provides that violations are a second-degree misdemeanor, punishable by a maximum $500
fine11 and 60 days in prison. 12

Effect of the Bill

The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

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

B. SECTION DIRECTORY:

Section 1 Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
Section 2 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
impact on businesses that sell wine.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

10
S. 564.09, F.S. The exception allows restaurant patrons to leave the premises with “one unsealed bottle of wine for consumption off
the premises,” provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely
resealed by the licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened,
attached to a dated receipt indicating the full course meal, and transported in a locked vehicle glove compartment, locked trunk, or
behind the last upright seat of a motor vehicle that is not equipped with a trunk.
11
S. 775.083(1)(e), F.S.
12
S. 775.082(4)(b), F.S.
STORAGE NAME: h0523.RRS PAGE: 3
DATE: 3/25/2023
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0523.RRS PAGE: 4
DATE: 3/25/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 523 2023

1 A bill to be entitled
2 An act relating to individual wine containers;
3 repealing s. 564.05, F.S., relating to the limitation
4 of size of individual wine containers; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 564.05, Florida Statutes, is repealed.
10 Section 2. This act shall take effect July 1, 2023.

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hb0523-00
HB 545
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 545 Fines Levied by Homeowners’ Associations
SPONSOR(S): Arrington and others
TIED BILLS: IDEN./SIM. BILLS: SB 872

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Civil Justice Subcommittee

3) Commerce Committee

HOAs may levy fines for failing to comply with any provision in the HOA’s governing documents. No fine may
exceed $100 per violation, although a fine may be levied on the basis of each day of a continuing violation
provided that fine does not exceed $1,000 in the aggregate. Fines may not become a lien on the property
unless the fines exceed $1,000.

The bill lowers:
• The maximum aggregate fine amount to $500.
• The amount when a fine may become a lien on the property to $500.

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

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

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0545.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Current Situation

A homeowners’ association (HOA) is an association of residential property owners in which voting
membership is made up of parcel owners and membership is a mandatory condition of parcel
ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
parcel. 1

Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
by an elected board of directors. The powers and duties of an HOA include the powers and duties
provided in the HOA Act, and in the association’s governing documents, which include the recorded
covenants and restrictions, together with the bylaws, articles of incorporation, and duly adopted
amendments to those documents. 2

No state agency has direct oversight over HOAs. However, Florida law provides for a limited mandatory
binding arbitration program, administered by the Division of Condominiums, Timeshares and Mobile
Homes, within the Department of Business and Professional Regulation, for certain election and recall
disputes. 3

HOA Fines

Owners, tenants, and guests must comply with an HOA’s declaration, bylaws, and rules. HOAs may
levy fines against or suspend the right of a parcel owner, occupant, or a guest of an owner or occupant,
to use the common areas 4 or any other association property for failing to comply with any provision in
the HOA’s governing documents. A suspension for failing to comply with an HOA’s declaration, bylaws,
or rules may not be for an unreasonable amount of time. 5

No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of a
continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
exceed $1,000 if the HOA’s governing documents authorize it. Fines may not become a lien on the
property unless the fines exceed $1,000. 6

Before an HOA levies a fine or a suspension, it must give the person receiving the fine or suspension at
least 14 days’ notice of an opportunity for a hearing. A fine and suspension committee of at least three
members selected by the board must hold a hearing to reject or approve the fine or suspension. Board
directors, officers, and employees of the HOA and family of such people may not serve on the
committee. The committee must approve the fine or suspension by majority vote otherwise the
proposed fine or suspension may not be imposed. 7

1 S. 720.301(9), F.S.
2 See generally ch. 720, F.S.
3 S. 720.311, F.S.
4 This does not apply to that portion of common areas used to provide access or utility services to the parcel. A

suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress
from the parcel, including, but not limited to, the right to park. S. 720.305(2)(a), F.S.
5 S. 720.305, F.S.
6 S. 720.305(2), F.S.
7 Id.
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DATE: 3/25/2023
A fine is due five days after written notice of the approved fine is provided to the parcel owner,
occupant, or guest. Written notice of the fine or suspension must be provided to the person by mail or
hand delivery. 8

Effect of the Bill

The bill lowers:
• The maximum aggregate fine amount to $500.
• The amount when a fine may become a lien on the property to $500.

B. SECTION DIRECTORY:
Section 1: Amends s. 720.305, F.S.; relating to fines levied by homeowners’ associations.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may lower the amount that homeowners pay in fines to HOAs.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

8 Id.
STORAGE NAME: h0545.RRS PAGE: 3
DATE: 3/25/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/25/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 545 2023

1 A bill to be entitled
2 An act relating to fines levied by homeowners'
3 associations; amending s. 720.305, F.S.; prohibiting
4 fines imposed by homeowners' associations from
5 exceeding $500 in the aggregate; conforming provision
6 to change made by the act; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (2) of section 720.305, Florida
12 Statutes, is amended to read:
13 720.305 Obligations of members; remedies at law or in
14 equity; levy of fines and suspension of use rights. —
15 (2) An association may levy reasonable fines. A fine may
16 not exceed $100 per violation against any member or any member's
17 tenant, guest, or invitee for the failure of the owner of the
18 parcel or its occupant, licensee, or invitee to comply with any
19 provision of the declaration, the association bylaws, or
20 reasonable rules of the association unless otherwise provided in
21 the governing documents. A fine may be levied by the board for
22 each day of a continuing violation, with a single notice and
23 opportunity for hearing, except that the fine may not exceed
24 $500 $1,000 in the aggregate unless otherwise provided in the
25 governing documents. A fine of less than $500 $1,000 may not

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26 become a lien against a parcel. In any action to recover a fine,
27 the prevailing party is entitled to reasonable attorney fees and
28 costs from the nonprevailing party as determined by the court.
29 (a) An association may suspend, for a reasonable period of
30 time, the right of a member, or a member's tenant, guest, or
31 invitee, to use common areas and facilities for the failure of
32 the owner of the parcel or its occupant, licensee, or invitee to
33 comply with any provision of the declaration, the association
34 bylaws, or reasonable rules of the association. This paragraph
35 does not apply to that portion of common areas used to provide
36 access or utility services to the parcel. A suspension may not
37 prohibit an owner or tenant of a parcel from having vehicular
38 and pedestrian ingress to and egress from the parcel, including,
39 but not limited to, the right to park.
40 (b) A fine or suspension levied by the board of
41 administration may not be imposed unless the board first
42 provides at least 14 days' notice to the parcel owner and, if
43 applicable, any occupant, licensee, or invitee of the parcel
44 owner, sought to be fined or suspended and an opportunity for a
45 hearing before a committee of at least three members appointed
46 by the board who are not officers, directors, or employees of
47 the association, or the spouse, parent, child, brother, or
48 sister of an officer, director, or employee. If the committee,
49 by majority vote, does not approve a proposed fine or
50 suspension, the proposed fine or suspension may not be imposed.

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51 The role of the committee is limited to determining whether to
52 confirm or reject the fine or suspension levied by the board. If
53 the proposed fine or suspension levied by the board is approved
54 by the committee, the fine payment is due 5 days after notice of
55 the approved fine is provided to the parcel owner and, if
56 applicable, to any occupant, licensee, or invitee of the parcel
57 owner. The association must provide written notice of such fine
58 or suspension by mail or hand delivery to the parcel owner and,
59 if applicable, to any occupant, licensee, or invitee of the
60 parcel owner.
61 Section 2. This act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 545 by Rep. Arrington
Fines Levied by Homeowners’ Associations

AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Arrington (line 21):
• Returns the current minimum fine amount which may become a lien to $1,000.
• Allows an HOA member to designate an address other than the parcel address to be
used for HOA notices of fine or suspension.
• Requires an HOA to dismiss a fine or suspension if the violation is cured within 14 days
of receipt of a notice of fine or suspension.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 545 (2023)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Arrington offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 21-25 and insert:
7 the governing documents. A fine may be levied by the board for
8 each day of a continuing violation, with a single notice and
9 opportunity for hearing, except that the fine may not exceed
10 $500 $1,000 in the aggregate unless otherwise provided in the
11 governing documents. The notice must be sent to a member's
12 designated mailing address, which is the member's property
13 address, unless the member has sent written notice to the
14 association requesting that a different mailing address be used
15 for such notice. The notice must include a description of the
16 alleged violation and the specific actions required to cure such
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 545 (2023)
Amendment No. 1

17 violation. If the member cures the alleged violation within 14
18 days of receiving such notice, a fine or suspension may not be
19 imposed for such violation. A fine of less than $1,000 may not
20
21 -----------------------------------------------------
22 T I T L E A M E N D M E N T
23 Remove line 5 and insert:
24 exceeding $500 in the aggregate; providing notification
25 requirements; allowing corrective action; conforming provision

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HB 639
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 639 Issuance of Special Beverage Licenses
SPONSOR(S): Esposito
TIED BILLS: IDEN./SIM. BILLS: SB 1262

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Commerce Committee

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

A “special license” is an exception to the quota licensing scheme, which allows certain entities to serve liquor
without a quota license. One such special license is a “special food service license” (SFS license), which
applies to a food service establishment that:
• has 2,500 square feet,
• is equipped to serve 150 persons at one time, and
• derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.

The bill removes the seating capacity and establishment size requirements to qualify for an SFS license. The
only requirement a food establishment will need to meet in order to qualify for an SFS license is deriving 51
percent or more gross sales from food and nonalcoholic beverage sales.

The bill does not have a fiscal impact on local governments and has an indeterminate fiscal impact on state
government.

The bill becomes effective upon becoming law.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0639.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Regulation of Alcoholic Beverages

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

Special Food Service License

Florida law limits, by county, the number of alcoholic beverage licenses that may be issued for the sale
of distilled spirits, to one license per 7,500 residents within the county. These limited alcoholic beverage
licenses are known as “quota” licenses. The quota license is the only alcoholic beverage license that is
limited in number; all other types of alcoholic beverage licenses are available without limitation, if
certain conditions are met. 4

A “special license” is an exception to the quota licensing scheme, which allows certain entities to serve
liquor without a quota license. One such special license is a “special food service license” (SFS
license), which applies to a food service establishment that: 5
• has 2,500 square feet, 6
• is equipped to serve 150 persons at one time, and
• derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.

The required revenue percentage is computed as the sum of gross food and nonalcoholic beverage
revenue divided by the sum of gross food, alcoholic beverage, and non-alcoholic beverage revenue. 7
Records of each purchase and each sale of food, alcoholic beverages, and nonalcoholic beverages
must be maintained for a period of 3 years. 8

SFS licensees must be audited by the division for compliance with the food and nonalcoholic beverage
sales percentage requirements during the first 120-day operating period, and every one to four years
thereafter, depending on beverage revenue. Failure by an SFS licensee to satisfy the requirements as
to the percentages of food and nonalcoholic beverage sales results in revocation of the SFS license. An
SFS licensee whose license is revoked is ineligible to have an interest in a subsequent application for a
license for 120 days after the revocation. 9

SFS licensees may sell or deliver alcoholic beverages in a sealed container for off-premises
consumption, including liquor-based beverages prepared by the licensee and packaged in a container
sealed by the licensee. Such licensees may not sell a bottle of distilled spirits sealed by a
manufacturer. The sale or delivery of such beverages must be accompanied by the sale of food. 10

1 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2)(a)4., F.S.
6 The service area includes only the food service establishment’s buildings and other contiguous outside areas which are

under the management and control of the licensed food service establishment. Rule R. 61A-3.0141(1), F.A.C.
7 R. 61A-3.0141(4), F.A.C.
8 R. 61A-3.0141(3), F.A.C.
9 Id.
10 Id.
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There are several exceptions to the Beverage Law created by special laws, which are applicable to
specific local areas. Many reduce certain licensing requirements for special zones in local jurisdictions.
For example, ch. 2022-259, L.O.F., allows DBPR to issue an SFS license to restaurants within the
Kings Avenue Commercial Corridor in Jacksonville that:
• have 1,000 square feet,
• are equipped to serve 50 persons at one time, and
• derive at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.

Effect of the Bill

The bill removes the requirements that a food service establishment must have certain seating capacity
and meet service area size requirements to qualify for an SFS license. However, a food service
establishment will still need to derive 51 percent or more gross sales from food and nonalcoholic
beverage sales in order to qualify for an SFS license.

B. SECTION DIRECTORY:
Section 1: Amends s. 561.20, F.S., revising requirements for a special restaurant license.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may allow more restaurants to obtain an SFS license, which would increase fees to the
state.

2. Expenditures:
The bill may allow more restaurants to obtain an SFS license, which would require more regulatory
actions, such as inspections and audits, by DBPR.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more restaurants to obtain an SFS license, which may make it less expensive to own
and operate a restaurant that sells alcoholic beverages and could lead to more restaurants opening. It
could also increase beverage service options for consumers.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

STORAGE NAME: h0639.RRS PAGE: 3
DATE: 3/25/2023
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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

HB 639 2023

1 A bill to be entitled
2 An act relating to the issuance of special beverage
3 licenses; amending s. 561.20, F.S.; revising
4 requirements for issuing special beverage licenses to
5 certain food service establishments; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (2) of section
11 561.20, Florida Statutes, is amended to read:
12 561.20 Limitation upon number of licenses issued.—
13 (2)(a) The limitation of the number of licenses as
14 provided in this section does not prohibit the issuance of a
15 special license to:
16 1. Any bona fide hotel, motel, or motor court of not fewer
17 than 80 guest rooms in any county having a population of less
18 than 50,000 residents, and of not fewer than 100 guest rooms in
19 any county having a population of 50,000 residents or greater;
20 or any bona fide hotel or motel located in a historic structure,
21 as defined in s. 561.01(20), with fewer than 100 guest rooms
22 which derives at least 51 percent of its gross revenue from the
23 rental of hotel or motel rooms, which is licensed as a public
24 lodging establishment by the Division of Hotels and Restaurants;
25 provided, however, that a bona fide hotel or motel with no fewer

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26 than 10 and no more than 25 guest rooms which is a historic
27 structure, as defined in s. 561.01(20), in a municipality that
28 on the effective date of this act has a population, according to
29 the University of Florida's Bureau of Economic and Business
30 Research Estimates of Population for 1998, of no fewer than
31 25,000 and no more than 35,000 residents and that is within a
32 constitutionally chartered county may be issued a special
33 license. This special license shall allow the sale and
34 consumption of alcoholic beverages only on the licensed premises
35 of the hotel or motel. In addition, the hotel or motel must
36 derive at least 60 percent of its gross revenue from the rental
37 of hotel or motel rooms and the sale of food and nonalcoholic
38 beverages; provided that this subparagraph shall supersede local
39 laws requiring a greater number of hotel rooms;
40 2. Any condominium accommodation of which no fewer than
41 100 condominium units are wholly rentable to transients and
42 which is licensed under chapter 509, except that the license
43 shall be issued only to the person or corporation that operates
44 the hotel or motel operation and not to the association of
45 condominium owners;
46 3. Any condominium accommodation of which no fewer than 50
47 condominium units are wholly rentable to transients, which is
48 licensed under chapter 509, and which is located in any county
49 having home rule under s. 10 or s. 11, Art. VIII of the State
50 Constitution of 1885, as amended, and incorporated by reference

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51 in s. 6(e), Art. VIII of the State Constitution, except that the
52 license shall be issued only to the person or corporation that
53 operates the hotel or motel operation and not to the association
54 of condominium owners;
55 4. A food service establishment that has 2,500 square feet
56 of service area, is equipped to serve meals to 150 persons at
57 one time, and derives at least 51 percent of its gross food and
58 beverage revenue from the sale of food and nonalcoholic
59 beverages during the first 120-day operating period and the
60 first 12-month operating period thereafter. Subsequent audit
61 timeframes must be based upon the audit percentage established
62 by the most recent audit and conducted on a staggered scale as
63 follows: level 1, 51 percent to 60 percent, every year; level 2,
64 61 percent to 75 percent, every 2 years; level 3, 76 percent to
65 90 percent, every 3 years; and level 4, 91 percent to 100
66 percent, every 4 years. A licensee under this subparagraph may
67 sell or deliver alcoholic beverages in a sealed container for
68 off-premises consumption if the sale or delivery is accompanied
69 by the sale of food within the same order. Such authorized sale
70 or delivery includes wine-based and liquor-based beverages
71 prepared by the licensee or its employee and packaged in a
72 container sealed by the licensee or its employee. This
73 subparagraph may not be construed to authorize public food
74 service establishments licensed under this subparagraph to sell
75 a bottle of distilled spirits sealed by a manufacturer. Any sale

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76 or delivery of malt beverages must comply with the container
77 size, labeling, and filling requirements imposed under s.
78 563.06. Any delivery of an alcoholic beverage under this
79 subparagraph must comply with s. 561.57. An alcoholic beverage
80 drink prepared by the vendor and sold or delivered for
81 consumption off the premises must be placed in a container
82 securely sealed by the licensee or its employees with an
83 unbroken seal that prevents the beverage from being immediately
84 consumed before removal from the premises. Such alcoholic
85 beverage also must be placed in a bag or other container that is
86 secured in such a manner that it is visibly apparent if the
87 container has been subsequently opened or tampered with, and a
88 dated receipt for the alcoholic beverage and food must be
89 provided by the licensee and attached to the bag or c ontainer.
90 If transported in a motor vehicle, an alcoholic beverage that is
91 not in a container sealed by the manufacturer must be placed in
92 a locked compartment, a locked trunk, or the area behind the
93 last upright seat of a motor vehicle. It is a violation of the
94 prohibition in s. 562.11 to allow any person under the age of 21
95 to deliver alcoholic beverages on behalf of a vendor. The vendor
96 or the agent or employee of the vendor must verify the age of
97 the person making the delivery of the alcoholic beverage before
98 allowing any person to take possession of an alcoholic beverage
99 for the purpose of making a delivery on behalf of a vendor under
100 this section. A food service establishment granted a special

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101 license on or after January 1, 1958, pursuant to general or
102 special law may not operate as a package store and may not sell
103 intoxicating beverages under such license after the hours of
104 serving or consumption of food have elapsed. Failure by a
105 licensee to meet the required percentage of food and
106 nonalcoholic beverage gross revenues during the covered
107 operating period shall result in revocation of the license or
108 denial of the pending license application. A licensee whose
109 license is revoked or an applicant whose pending application is
110 denied, or any person required to qualify on the special license
111 application, is ineligible to have any interest in a subsequent
112 application for such a license for a period of 120 days after
113 the date of the final denial or revocation;
114 5. Any caterer, deriving at least 51 percent of its gross
115 food and beverage revenue from the sale of food and nonalcoholic
116 beverages at each catered event, licensed by the Division of
117 Hotels and Restaurants under chapter 509. This subparagraph does
118 not apply to a culinary education program, as defined in s.
119 381.0072(2), which is licensed as a public food service
120 establishment by the Division of Hotels and Restaurants and
121 provides catering services. Notwithstanding any law to the
122 contrary, a licensee under this subparagraph shall sell or serve
123 alcoholic beverages only for consumption on the premises of a
124 catered event at which the licensee is also providing prepared
125 food, and shall prominently display its license at any catered

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126 event at which the caterer is selling or serving alcoholic
127 beverages. A licensee under this subparagraph shall purchase all
128 alcoholic beverages it sells or serves at a catered event from a
129 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
130 under s. 565.02(1) subject to the limitation imposed in
131 subsection (1), as appropriate. A licensee under this
132 subparagraph may not store any alcoholic beverages to be sold or
133 served at a catered event. Any alcoholic beverages purchased by
134 a licensee under this subparagraph for a catered event that are
135 not used at that event must remain with the customer; provided
136 that if the vendor accepts unopened alcoholic beverages, the
137 licensee may return such alcoholic beverages to the vendor for a
138 credit or reimbursement. Regardless of the county or counties in
139 which the licensee operates, a licensee under this subparagraph
140 shall pay the annual state license tax set forth in s.
141 565.02(1)(b). A licensee under this subparagraph must maintain
142 for a period of 3 years all records and receipts for each
143 catered event, including all contracts, customers' names, event
144 locations, event dates, food purchases and sales, alcoholic
145 beverage purchases and sales, nonalcoholic beverage purchases
146 and sales, and any other records required by the department by
147 rule to demonstrate compliance with the requirements of this
148 subparagraph. Notwithstanding any law to the contrary, any
149 vendor licensed under s. 565.02(1) subject to the limitation
150 imposed in subsection (1), may, without any additional licensure

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151 under this subparagraph, serve or sell alcoholic beverages for
152 consumption on the premises of a catered event at which prepared
153 food is provided by a caterer licensed under chapter 509. If a
154 licensee under this subparagraph also possesses any other
155 license under the Beverage Law, the license issued under this
156 subparagraph may not authorize the holder to conduct activities
157 on the premises to which the other license or licenses apply
158 that would otherwise be prohibited by the terms of that license
159 or the Beverage Law. This section does not permit the licensee
160 to conduct activities that are otherwise prohibited by the
161 Beverage Law or local law. The Division of Alcoholic Beverages
162 and Tobacco is hereby authorized to adopt rules to administer
163 the license created in this subparagraph, to include rules
164 governing licensure, recordkeeping, and enforcement. The first
165 $300,000 in fees collected by the division each fiscal year
166 pursuant to this subparagraph shall be deposited in the
167 Department of Children and Families' Operations and Maintenance
168 Trust Fund to be used only for alcohol and drug abu se education,
169 treatment, and prevention programs. The remainder of the fees
170 collected shall be deposited into the Hotel and Restaurant Trust
171 Fund created pursuant to s. 509.072; or
172 6. A culinary education program as defined in s.
173 381.0072(2) which is licensed as a public food service
174 establishment by the Division of Hotels and Restaurants.
175 a. This special license shall allow the sale and

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176 consumption of alcoholic beverages on the licensed premises of
177 the culinary education program. The culinary education program
178 shall specify designated areas in the facility where the
179 alcoholic beverages may be consumed at the time of application.
180 Alcoholic beverages sold for consumption on the premises may be
181 consumed only in areas designated under s. 561.01(11) and may
182 not be removed from the designated area. Such license shall be
183 applicable only in and for designated areas used by the culinary
184 education program.
185 b. If the culinary education program provides catering
186 services, this special license shall also allow the sale and
187 consumption of alcoholic beverages on the premises of a catered
188 event at which the licensee is also providing prepared food. A
189 culinary education program that provides catering services is
190 not required to derive at least 51 percent of its gross re venue
191 from the sale of food and nonalcoholic beverages.
192 Notwithstanding any law to the contrary, a licensee that
193 provides catering services under this sub-subparagraph shall
194 prominently display its beverage license at any catered event at
195 which the caterer is selling or serving alcoholic beverages.
196 Regardless of the county or counties in which the licensee
197 operates, a licensee under this sub-subparagraph shall pay the
198 annual state license tax set forth in s. 565.02(1)(b). A
199 licensee under this sub-subparagraph must maintain for a period
200 of 3 years all records required by the department by rule to

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201 demonstrate compliance with the requirements of this sub -
202 subparagraph.
203 c. If a licensee under this subparagraph also possesses
204 any other license under the Beverage Law, the license issued
205 under this subparagraph does not authorize the holder to conduct
206 activities on the premises to which the other license or
207 licenses apply that would otherwise be prohibited by the terms
208 of that license or the Beverage Law. This subparagraph does not
209 permit the licensee to conduct activities that are otherwise
210 prohibited by the Beverage Law or local law. Any culinary
211 education program that holds a license to sell alcoholic
212 beverages shall comply with the age requirements set forth in
213 ss. 562.11(4), 562.111(2), and 562.13.
214 d. The Division of Alcoholic Beverages and Tobacco may
215 adopt rules to administer the license created in this
216 subparagraph, to include rules governing licensure,
217 recordkeeping, and enforcement.
218 e. A license issued pursuant to this subparagraph does not
219 permit the licensee to sell alcoholic beverages by the package
220 for off-premises consumption.
221
222 However, any license heretofore issued to any such hotel, motel,
223 motor court, or restaurant or hereafter issued to any such
224 hotel, motel, or motor court, including a condominium
225 accommodation, under the general law may not be moved to a new

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hb0639-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 639 2023

226 location, such license being valid only on the premises of such
227 hotel, motel, motor court, or restaurant. Licenses issued to
228 hotels, motels, motor courts, or restaurants under the general
229 law and held by such hotels, motels, motor courts, or
230 restaurants on May 24, 1947, shall be counted in the quota
231 limitation contained in subsection (1). Any license issued for
232 any hotel, motel, or motor court under this law shall be issued
233 only to the owner of the hotel, motel, or motor court or, in the
234 event the hotel, motel, or motor court is leased, to the lessee
235 of the hotel, motel, or motor court; and the license shall
236 remain in the name of the owner or lessee so long as the license
237 is in existence. Any special license now in existence heretofore
238 issued under this law cannot be renewed except in the name of
239 the owner of the hotel, motel, motor court, or restaurant or, in
240 the event the hotel, motel, motor court, or restaurant is
241 leased, in the name of the lessee of the hotel, motel, motor
242 court, or restaurant in which the license is located and must
243 remain in the name of the owner or lessee so long as the license
244 is in existence. Any license issued under this section shall be
245 marked "Special," and nothing herein provided shall limit,
246 restrict, or prevent the issuance of a special license for any
247 restaurant or motel which shall hereafter meet the requirements
248 of the law existing immediately before the effective date of
249 this act, if construction of such restaurant has commenced
250 before the effective date of this act and is completed within 30

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HB 639 2023

251 days thereafter, or if an application is on file for such
252 special license at the time this act takes effect; and any su ch
253 licenses issued under this proviso may be annually renewed as
254 now provided by law. Nothing herein prevents an application for
255 transfer of a license to a bona fide purchaser of any hotel,
256 motel, motor court, or restaurant by the purchaser of such
257 facility or the transfer of such license pursuant to law.
258 Section 2. This act shall take effect upon becoming a law.

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hb0639-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 639 by Rep. Esposito
Issuance of Special Beverage Licenses

AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Esposito (lines 55-57):
• Related to special food service alcoholic beverage licenses, reduces the service area
size requirements from 2,500 square feet to 2,000 square feet, and seating capacity
requirements from 150 persons to 120 persons.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 639 (2023)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Esposito offered the following:
4
5 Amendment
6 Remove lines 55-57 and insert:
7 4. A food service establishment that has 2,000 2,500
8 square feet of service area, is equipped to serve meals to 120
9 150 persons at one time, and derives at least 51 percent of its
10 gross food and

449513 - h0639-line55.docx
Published On: 3/27/2023 1:20:16 PM
Page 1 of 1
HB 671
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 671 Residential Building Permits
SPONSOR(S): Esposito and others
TIED BILLS: IDEN./SIM. BILLS: SB 682

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently
across the state. Current law requires local governments to enforce the Building Code and issue
building permits.
The bill:
• Requires local jurisdictions to reduce their permit fee by 75% when the property owner or
contractor retains a private provider for plans review or building inspection services.
• Shortens timeframes for the submittal, process, and review of applications for a building permit.
• Specifies when a permit application is deemed complete and sufficient.
• Provides that a local government can request additional information from an applicant twice
unless the applicant agrees otherwise.
• Provides that a local government can request additional information once for certain residential
dwelling building permits.
• Requires local jurisdictions provide an opportunity for an in-person or virtual meeting before a
second request for additional information may be made.
• Specifies that certain permit requirements apply to single-family residential units and single-
family residential dwellings.
• Requires that local governments follow certain prescribed timeframes unless a local ordinance
is more stringent.
The bill may have an indeterminate fiscal impact on state and local government.
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: h0671.RRS
DATE: 3/26/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The Florida Building Code

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 1

In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 3

Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 4

The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, 5 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. 6

DBPR Surcharges

Current law requires all local governments to assess and collect a 1% surcharge on any building permit
issued by their enforcement agency for the purpose of enforcing the Building Code. The local
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
Prevention Code informal interpretations. 7

Current law also requires all local governments to assess and collect a separate 1.5% surcharge on
any building permit issued by their enforcement agency for the purpose of enforcing the Building Code.
The local governments collect the assessment and remit the surcharge fees to DBPR, where it is

1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Mar. 23, 2023).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Mar. 21, 2023).
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and

compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Mar. 23, 2023).
6 S. 553.73(7)(a), F.S.
7 S. 553.721, F.S.

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divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
and the Florida Homeowners’ Construction Recovery Fund. 8

Local government building departments are permitted to retain 10% of the amount of the surcharges
they collect to fund participation by their agencies in the national and state building code adoption
processes and to provide education related to enforcement of the Building Code. 9

Building Permit Delays

Any delays in obtaining a building permit can delay the completion of a construction project. Delays in
the completion of a construction project may: 10

• Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
• Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
• Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
• Result in delayed occupancy of a project, including single-family residences and multi-family
residences.

Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may: 11

• Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
• Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue; and
• Encourage economic development by having an efficient permit system.

Building Permit Application Review

Time-Period to Review

Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits: 12

• accessory structure;
• alarm permit;
• nonresidential buildings less than 25,000 square feet;
• electric;
• irrigation permit;
• landscaping;

8 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a

covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who
reviews for completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for
review. s. 489.1401(2), F.S.
9 Ss. 468.631, and 553.721, F.S.
10 City of Austin Development Services Department, A Program for Expedited Permitting, http://austintexas.gov/sites/default/files/files/8-

9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited March 23, 2023); PricewaterhouseCoopers, The Economic Impact
of Accelerating Permit Processes on Local Development and Government Revenues, (Dec. 7, 2005).
11 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-

content/uploads/2018/02/CaseStudy5.pdf (last visited March 23, 2023).
12 S. 553.792(2), F.S.

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• mechanical;
• plumbing;
• residential units other than a single-family unit;
• multifamily residential not exceeding 50 units;
• roofing;
• signs;
• site-plan approvals and subdivision plats not requiring public hearings or public notice; and
• lot grading and site alteration associated with the permit application.

When a local government receives an application for one of the above building permits, it must:13

• Inform the applicant within 10 days of receiving the application, what information, if any, is
needed to complete the application.
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
• Notify the applicant within 45 days of the application being deemed complete, if additional
information is necessary to determine the sufficiency of the application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government or request
that the local government act on the application without the additional information.
• Approve, approve with conditions, or deny the application within 120 days following receipt of
the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.

These time-periods do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension. 14

If a local government fails to meet the time-periods above without an agreement for an extension of
time, a local government is required to reduce a permit fee for any building permit application, including
for single-family residential dwellings, by 10% of the original permit fee for each business day that a
local government fails to meet the current statutory time-period for reviewing a building permit
application or a time-period established by the local government.

Local Government’s Requests for Additional Information 15

A local government may only make three requests for additional information from an applicant applying
for the following types of building permits:

• Accessory structure.
• Alarm permit.
• Nonresidential buildings less than 25,000 square feet.
• Electric.
• Irrigation permit.
• Landscaping.
• Mechanical.
• Plumbing.
• Residential units other than a single-family unit.
• Multifamily residential not exceeding 50 units.
• Roofing.

13 S. 553.792(1), F.S.
14 S. 553.792(1)(a), F.S.
15 S. 553.792(1)(b), F.S.

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• Signs.
• Site-plan approvals and subdivision plats not requiring public hearings or public notice.
• Lot grading and site alteration associated with the permit application.

However, an applicant may agree in writing to waive the limitation that local governments may only
make three requests for additional information for such permits.

If a local government makes a request for additional information from an applicant for one the above
building permits, and the applicant provides the information within 30 days of receiving the request, the
local government must 16:

• Review the additional information and determine the application is complete, approve the
application, approve the application with conditions, deny the application, or specify the
remaining deficiencies within 15 days of receiving the information from the applicant, if the
request is the local government’s first request.
• Review the additional information and determine the application is complete, approve the
application, approve the application with conditions, deny the application, or specify the
remaining deficiencies within 10 days of receiving the information from the applicant, if the
request is the local government’s second request.
• Deem the application complete and approve the application, approve the application with
conditions, or deny the application within 10 days of receiving the information from the
applicant, if the request is the local government’s third request.

Prior to making a third request for information the local government must offer to meet with the permit
applicant to attempt to resolve outstanding issues.

If the applicant believes the request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the local government, at the applicant’s request, shall proceed to
process the application for approval, approval with conditions, or denial.

If a local government fails to meet these deadlines it must reduce the building permit fee by 10% for
each business day that it fails to meet the deadline. However, these time limitations do not apply when
a law, agency rule, or local ordinance specifies different timeframes for review of local building permit
applications, for permits for wireless communication facilities, or when both parties agree to an
extension.

Time-Period to Review Single-Family Residential Dwelling Building Permit Applications

If any government entity with authority to enforce the Building Code receives an application for a
building permit for a single-family residential dwelling, it must issue the permit within 30 business days
of receiving the application, unless the application fails to satisfy the Building Code or the enforcing
agency’s laws or ordinances, or unusual circumstances require a longer time-period for processing the
application. 17If the local enforcing agency does not issue a building permit for a single-family residential
dwelling within 30 business days after receiving the permit application, it must reduce the building
permit fee by 10% for each business day that it fails to meet the deadline. Each 10% reduction is
based on the original amount of the building permit fee. However, the enforcing agency does not have
to reduce the building permit fee if it provides notice to the applicant, by e-mail or United States Postal
Service, within 30 business days after receiving the permit application, that specifically states the
reasons the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws
or ordinances. In addition, the written notice must also include that the applicant has 10 business days
after receiving the written notice to submit revisions to correct the permit application and that failure to
correct the application within 10 business days will result in a denial of the application. 18

16 Id.
17 S. 553.79(16), F.S.
18 S. 553.79(16)(a)-(b), F.S.

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After receiving the written notice, the applicant has 10 business days to correct the specifications
written by the local enforcing agency and submit revisions to correct the permit application. If the
applicant submits the revisions within 10 business days, the local enforcing agency has 10 business
days after receiving such revisions to approve or deny the building permit unless the applicant agrees
to a longer permit in writing. 19

A government entity does not have to reduce the fee for a single-family residential dwelling building
permit, if: 20

• it provides written notice to the applicant, by email or USPS mail within 30 business days of
receiving the application; and
• The written notice specifically states how the application fails to satisfy the Building Code or the
government entity’s laws or ordinances, and that the applicant has 10 business days after
receiving the notice to remedy the deficiencies in their application or it will be denied.

An applicant for a single-family residential dwelling building permit has 10 business days to address
the reasons specified in the government entity’s notice. If the applicant submits revisions to the
government entity within 10 business days of receiving the notice, the government entity must
approve or deny the permit within 10 business days of receiving the applicant’s revisions.

If a government entity fails to approve or deny the single-family residential dwelling building permit
within 10 business days of receiving the applicant’s revisions, it must: 21

• reduce the permit fee by 20% of the original permit fee for the first business day that it fails to
meet the deadline; and
• an additional 10% of the original permit fee for each business day that it fails to meet the
deadline, for up to five business days.

A building permit for a single-family residential dwelling applied for by a contractor licensed in this state
on behalf of a property owner who participates in a Community Development Block Grant-Disaster
Recovery program administered by the Department of Economic Opportunity must be issued within 15
business days after receipt of the application unless the permit application fails to satisfy the Florida
Building Code or the enforcing agency's laws or ordinances. 22

If any permit fees are refunded because a local government fails to meet an established deadline for
reviewing a building permit application, the Department of Business and Professional Regulation
(DBPR) surcharges for funding the Commission, the Florida Building Code Administrators and
Inspectors Board (BCAIB), and the Florida Homeowners’ Recovery Fund must be recalculated based
on the amount of the permit fees after the refund. 23

Private Providers Alternative Plans Review

In 2002, section 553.791, F.S., was created to allow property owners and contractors to hire licensed
building code officials, engineers, and architects, referred to as private providers, to review building
plans, perform building inspections, and prepare certificates of completion.

Private providers and their duly authorized representatives are able to approve building plans and
perform building code inspections as long as the plans approval and building inspections are within the
scope of the provider’s or representative’s license.

19 S. 553.79(16)(c), F.S.
20 S. 553.79(16)(b), F.S.
21 S. 553.79(16)(c), F.S.
22 S. 553.79(16)(e), F.S.
23 S. 553.79(16)(d), F.S.

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“Private provider” means a person licensed as a building official, engineer, or as an architect. Licensed
building inspectors and plans examiners may perform inspections for additions and alterations that are
limited to 1,000 square feet or less in residential buildings. 24

“Duly authorized representative” means an employee of a private provider identified in a permit
application who reviews plans or performs inspections, and is licensed as an engineer, architect,
building official, inspector, or plans examiner. The term does not include a person with a provisional
license by the BCAIB. 25

If an owner or contractor opts to use a private provider, the local government must calculate the cost
savings to its building department and reduce the building permit fees accordingly. 26

A local government may not charge a fee for building inspections when an owner or contractor uses a
private provider but may charge a reasonable administrative fee which is based on the cost that is
actually incurred by the local government, including the labor cost of the personnel providing the
service, or the cost attributable to the local government for the clerical and supervisory assistance
required, or both. 27

Effect of the Bill

Building Permit Application Review (Section 3)

The bill shortens timeframes for building applications. The bill provides that:
• after an applicant submits an application to the local government, the local government must
provide written notice to the applicant within 3 calendar days after receipt of the application
advising the applicant what information is needed to make the application properly complete.
o The bill shortens the local government’s timeframe to respond to the application from 10
days to 3 calendar days.
• within 9 calendar days after receipt of the completed application, the local government must
provide a written notice to an applicant that the application is insufficient to be approved and
additional information is needed.
o The bill shortens the local government’s timeframe to notify the applicant from 45 days to
9 calendar days.

The bill removes the requirement that the applicant must submit the requested information from the
local government within 30 days.

The bill provides that the local government cannot request additional information from the applicant
more than two times instead of three times, unless the applicant waives such limitation in writing.

The bill removes the 120-day period which is tolled while the applicant responds to the local
government request for additional information.

The bill provides if a local government requests additional information from an applicant and the
applicant submits the requested additional information to the local government, the local government
must, within 9 calendar days (instead of 15 days) after receiving such information:
• Determine if the application is properly completed;
• Approve the application; or
• Advise the applicant in writing of information, if any, that is needed to determine the sufficiency
of the application.
o The bill removes the local government’s decision to deny the application until after the
second request for additional information from the local government.

24 S. 553.791(1)(n) and (3), F.S.
25 S. 553.791(1)(f) and (8), F.S.
26 “Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local enforcement

agency assesses the cost for its plans review or inspection services.” S. 553.791(2)(b), F.S.
27 S. 553.791(2)(b), F.S.

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The bill provides that prior to making a second request for information the local government must offer to
meet in-person or virtually with the permit applicant to attempt to resolve outstanding issues. The bill
requires that the meeting occur within 5 calendar days after the applicant notifies the local government in
writing that he or she wants an in-person or virtual meeting unless the applicant agrees to a longer time
period in writing.

The bill provides that after the local government submits its second request and receives the information
from the applicant, the local government must within 9 calendar days (instead of 10 days) determine
whether the application is complete and:
• Approve the application;
• Approve the application with conditions; or
• Deny the application and provide the applicant with sufficient reason for such detail.

The bill provides that if the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the local government, at the applicant’s request, shall
proceed to process the application within 9 calendar days after the receipt of the request and approve,
approve with conditions, or deny the application and provide the applicant with sufficient reason
for such denial.

The bill states that if the local government does not notify the applicant that the application is approved,
approved with conditions, or denied within 9 days after the local government receives the additional
information from the second request, the application is deemed approved.

The bill removes the ability for a law, agency rule, or an ordinance to specify a different timeframe for the
applicable building permit applications except when the timeframes set by local ordinance are stricter than
the ones prescribed in the bill.

Single-Family Residential Dwelling Building Permit Applications (Sections 1 and 3)

The bill removes a provision in Ch. 533, the Florida Building Code, which requires single-family residential
dwelling permits to be issued within 30 days unless the application does not conform to the Florida Building
Code or local laws or ordinances. However, the bill incorporates the time period to review single-family
residential dwellings into the building permit application to local government section. 28

The bill provides the following timeframes for single family or two-family dwellings or townhomes located
within a master plan community for which the permit for the master plan has been approved under the local
government residential master building permit program 29:
• 1 calendar day after a building permit application is submitted to the local government, the local
government must provide the building permit applicant with what information is needed in order
to deem the application complete and ready for processing. If the local government does not
provide proper written notice of what information is needed for the application to be considered
complete the building permit application is automatically deemed completed and approved.
• Within 5 calendar days of receiving a completed building permit application the local
government must determine if any additional information is needed to determine the sufficiency
of a building permit application. The building permit applicant may submit the information or ask
that the permit be processed without the additional information.
• A local government may only ask for additional information once unless the applicant waives
such limitation in writing.
• If the local government requests additional information and the building permit applicant
provides the additional information, the local government must act on the building permit
application within 5 calendar days after receiving such information, unless the applicant
waives this limitation in writing, determine that the application is complete and either approve,

28 See, s. 553.792, F.S.
29 See, s. 553.794, F.S.

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approve with conditions, or deny the application and provide the applicant with sufficient reason
for such detail.
o If the local government does not notify the building permit applicant that it has acted on
the application within 5 calendar days the building permit application is deemed
approved.

The bill provides that a building permit for a single-family residential dwelling applied for by a contractor
licensed in this state on behalf of a property owner who participates in a Community Development
Block Grant-Disaster Recovery program administered by the Department of Economic Opportunity
must be issued within 9 calendar days (instead of 15 business days) after receipt of the application
unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or
ordinances.

Private Providers Alternative Plans Review (Sections 2 and 3)

The bill provides that if an owner or contractor retains a private provider for purposes of plans review or
building inspection services, the local jurisdiction must reduce the permit fee by 75% for not having to
perform such services.

The bill provides that if an owner or contractor retains a private provider for purposes of review, the
following time periods apply:
• Within 3 calendar days of receiving a completed building permit application the local
government must determine if any additional information is needed to determine the sufficiency
of a building permit application. The building permit applicant may submit the information or ask
that the permit be processed without the additional information.
• If the local government requests additional information and the building permit applicant
provides the additional information, the local government must act on the building permit
application within 3 calendar days after receiving such information, unless the applicant
waives this limitation in writing, determine that the application is complete and either approve,
approve with conditions, or deny the application and provide the applicant with sufficient reason
for such detail.
• If the local government does not notify the building permit applicant that it has acted on the
application within 3 calendar days the building permit application is deemed approved.

Reduction of Building Permit Fees (Section 3)

The bill provides that if the local government does not meet the deadlines set forth in this bill, it must
reduce the building permit fee by 10% for each calendar day (as opposed to “business day”) that it
fails to meet the deadline, unless the parties agree in writing to a reasonable extension of time.

Building Permits; identification of Minimum Premium Policy (Section 4)

The bill provides conforming changes based on the provisions amended in this bill.

B. SECTION DIRECTORY:
Section 1: Amends s. 553.79, F.S., relating to permits; applications; issuance; inspections.
Section 2: Amends s. 553.791, F.S., relating to alternative plans review and inspection.
Section 3: Amends s. 553.792, F.S., relating to building permit application to local government.
Section 4: Amends s. 440.103, F.S., relating to building permits; identification of minimum premium
policy.
Section 5: Provides an effective date.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
DBPR states that surcharge collections pursuant to section 553.791, F.S., and section 468.631,
F.S., could be impacted by the bill. 30

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
DBPR states that this bill may reduce the amount of permit fees that could be collected by local
governments in certain circumstances. 31

2. Expenditures:
This bill may impact local governments because they may have to hire more employees to meet the
proscribed timeframes.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
DBPR states that the bill may reduce the cost of permit fees paid by the private sector to local
governments based on the local governments failure to meet time requirements. 32 On the other hand,
the local jurisdiction may raise permit fees so that they can hire employees to meet the time
requirements in the bill.

D. FISCAL COMMENTS:

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill would require the Florida Building Commission to amend the Florida Building Code to reflect
some of the bill’s changes to building permit application processing requirements. 33

30 Department of Business & Professional Regulation, Agency Analysis of 2023 Senate Bill 682, p. 4 (February 14, 2023).
31 Id., at 5.
32 Id.
33 Id., at 3; see also rule impacted, r. 61G20-1.001, F.A.C.

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C. DRAFTING ISSUES OR OTHER COMMENTS:
The short title is insufficient. It is currently called “residential building permits”, but the bill deals with all
building permits.
These timeframes may be difficult for local governments to meet and permit fees may have to be raised
in order to cover the costs of employees needed to meet such time frames.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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HB 671 2023

1 A bill to be entitled
2 An act relating to residential building permits;
3 amending s. 553.79, F.S.; removing provisions relating
4 to acquiring building permits for certain residential
5 dwellings; amending s. 553.791, F.S.; requiring a
6 local jurisdiction to reduce permit fees by a certain
7 percentage under certain circumstances; amending s.
8 553.792, F.S.; revising the timeframes for approving
9 or denying certain building permits; revising how many
10 times a local government may request additional
11 information from an applicant; specifying when a
12 permit application is deemed complete and sufficient;
13 requiring the opportunity for an in-person or virtual
14 meeting before a second request for additional
15 information may be made; reducing permit fees by a
16 certain percentage if certain timeframes are not met;
17 authorizing both parties to extend certain timeframes
18 under certain circumstances; specifying that the
19 permit requirements apply to single-family residential
20 units and single-family residential dwellings;
21 requiring that local governments follow the prescribed
22 timeframes unless the local ordinance is more
23 stringent; conforming provisions to changes made by
24 the act; amending s. 440.103, F.S.; conforming a
25 cross-reference; providing an effective date.

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26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (16) of section 553.79, Florida
30 Statutes, is amended to read:
31 553.79 Permits; applications; issuance; inspections. —
32 (16) Except as provided in paragraph (e), a building
33 permit for a single-family residential dwelling must be issued
34 within 30 business days after receiving the permit application
35 unless the permit application fails to satisfy the Florida
36 Building Code or the enforcing agency's laws or ordinances.
37 (a) If a local enforcement agency fails to issue a
38 building permit for a single-family residential dwelling within
39 30 business days after receiving the permit application, it must
40 reduce the building permit fee by 10 percent for each business
41 day that it fails to meet the deadline. Each 10-percent
42 reduction shall be based on the original amount of the building
43 permit fee.
44 (b) A local enforcement agency does not have to reduce the
45 building permit fee if it provides written notice to the
46 applicant, by e-mail or United States Postal Service, within 30
47 business days after receiving the permit application, that
48 specifically states the reasons the permit application fails to
49 satisfy the Florida Building Code or the enforcing agency's laws
50 or ordinances. The written notice must also state that the

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51 applicant has 10 business days after receiving the written
52 notice to submit revisions to correct the permit application and
53 that failure to correct the application within 10 business days
54 will result in a denial of the application.
55 (c) The applicant has 10 business days after receiving the
56 written notice to address the reasons specified by the local
57 enforcement agency and submit revisions to correct the permit
58 application. If the applicant submits revisions within 10
59 business days after receiving the written notice, the local
60 enforcement agency has 10 business days after receiving such
61 revisions to approve or deny the building permit unless the
62 applicant agrees to a longer period in writing. If the local
63 enforcement agency fails to issue or deny the building permit
64 within 10 business days after receiving the revisions, it must
65 reduce the building permit fee by 20 percent for the first
66 business day that it fails to meet the deadline unless the
67 applicant agrees to a longer period in writing. For each
68 additional business day, but not to exceed 5 business days, that
69 the local enforcement agency fails to meet the deadline, the
70 building permit fee must be reduced by an additional 10 percent.
71 Each reduction shall be based on the original amount of the
72 building permit fee.
73 (d) If any building permit fees are refunded under this
74 subsection, the surcharges provided in s. 468.631 or s. 553.721
75 must be recalculated based on the amount of the building permit

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76 fees after the refund.
77 (e) A building permit for a single-family residential
78 dwelling applied for by a contractor licensed in this state on
79 behalf of a property owner who participates in a Community
80 Development Block Grant–Disaster Recovery program administered
81 by the Department of Economic Opportunity must be issued within
82 15 working days after receipt of the application unless the
83 permit application fails to satisfy the Florida Building Code or
84 the enforcing agency's laws or ordinances.
85 Section 2. Paragraph (b) of subsection (2) of section
86 553.791, Florida Statutes, is amended to read:
87 553.791 Alternative plans review and inspection.—
88 (2)
89 (b) If an owner or contractor retains a private provider
90 for purposes of plans review or building inspection services,
91 the local jurisdiction must reduce the permit fee by 75 percent
92 the amount of cost savings realized by the local enforcement
93 agency for not having to perform such services. Such reduction
94 may be calculated on a flat fee or percentage basis, or any
95 other reasonable means by which a local enforcement agency
96 assesses the cost for its plans review or inspection services.
97 The local jurisdiction may not charge fees for building
98 inspections if the fee owner or contractor hires a pr ivate
99 provider to perform such services; however, the local
100 jurisdiction may charge a reasonable administrative fee, which

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101 must shall be based on the cost that is actually incurred,
102 including the labor cost of the personnel providing the service,
103 by the local jurisdiction or attributable to the local
104 jurisdiction for the clerical and supervisory assistance
105 required, or both.
106 Section 3. Subsections (1) and (2) of section 553.792,
107 Florida Statutes, are amended to read:
108 553.792 Building permit application to local government.—
109 (1)(a) After Within 10 days of an applicant submits
110 submitting an application to the local government, the local
111 government must provide written notice to the applicant within 3
112 calendar days after receipt of the application advising shall
113 advise the applicant what information, if any, is needed to deem
114 the application properly completed in compliance with the filing
115 requirements published by the local government. If the local
116 government does not provide timely written notice that the
117 applicant has not submitted a the properly completed
118 application, the application is shall be automatically deemed
119 properly completed and sufficient accepted.
120 (b) Within 9 calendar 45 days after receiving a completed
121 application, a local government must provide written notice to
122 notify an applicant if additional information is required for
123 the local government to determine the sufficiency of the
124 application, and the notice must shall specify the additional
125 information that is required. The applicant may must submit the

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126 additional information to the local government or request that
127 the local government act without the additional information.
128 While the applicant responds to the request for additional
129 information, the 120-day period described in this subsection is
130 tolled. Both parties may agree to a reasonable request for an
131 extension of time, particularly in the event of a force majeure
132 or other extraordinary circumstance. The local government must
133 approve, approve with conditions, or deny the application within
134 120 days following receipt of a completed application.
135 (c)1.(b)1. When reviewing an application for a building
136 permit, a local government may not request additional
137 information from the applicant more than two three times, unless
138 the applicant waives such limitation in writing.
139 2. If a local government requests additional information
140 from an applicant and the applicant submits the requested
141 additional information to the local government within 30 days
142 after receiving the request, the local government must, within 9
143 calendar 15 days after receiving such information:
144 a. Determine if the application is properly completed;
145 b. Approve the application;
146 c. Approve the application with conditions;
147 d. Deny the application; or
148 d.e. Advise the applicant in writing of information, if
149 any, that is needed to deem the application properly completed
150 or to determine the sufficiency of the application.

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151 3. If a local government makes a second request for
152 additional information from the applicant and the applicant
153 submits the requested additional information to the local
154 government within 30 days after receiving the request, the local
155 government must, within 10 days after receiving such
156 information:
157 a. Determine if the application is properly completed;
158 b. Approve the application;
159 c. Approve the application with conditions;
160 d. Deny the application; or
161 e. Advise the applicant of information, if any, that is
162 needed to deem the application properly completed or to
163 determine the sufficiency of the application.
164 3.4. Before a second third request for additional
165 information may be made, the local government must offer the
166 applicant must be offered an opportunity to meet in person or
167 virtually with the local government to attempt to resolve
168 outstanding issues. The meeting must occur within 5 calendar
169 days after the applicant notifies the local government in
170 writing that he or she wants an in-person or virtual meeting
171 unless the applicant agrees to a longer time period in writing.
172 4. If a local government makes a second third request for
173 additional information from the applicant and the applicant
174 submits the requested additional information to the local
175 government within 30 days after receiving the request, the local

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176 government must, within 9 calendar 10 days after receiving such
177 information unless the applicant waived the local government's
178 time limitation in writing, determine that the application is
179 complete and:
180 a. Approve the application;
181 b. Approve the application with conditions; or
182 c. Deny the application and provide the applicant with
183 sufficient reason for such denial.
184 5. If the applicant believes the request for additional
185 information is not authorized by ordinance, rule, statute, or
186 other legal authority, the local government, at the applicant's
187 written request, must process the application within 9 calendar
188 days after receipt of the request and either approve the
189 application, approve the application with conditions, or deny
190 the application and provide the applicant with sufficient reason
191 for such denial.
192 6. If a local government does not notify the applicant
193 that the application is approved, approved with conditions, or
194 denied within 9 calendar days after the local government
195 receives the additional information requested under subparagraph
196 4., the application is deemed approved.
197 (d) The following timeframes apply for single-family or
198 two-family dwellings or townhomes located within a master plan
199 community for which the permit for the master plan community has
200 already been approved under s. 553.794:

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201 1. After an applicant submits an application to the local
202 government, the local government must provide written notice to
203 the applicant within 1 calendar day after receipt of the
204 application advising the applicant what information, if any, is
205 needed to deem the application properly completed in compliance
206 with the filing requirements published by the local government.
207 If the local government does not provide timely written notice
208 that the applicant has not submitted a properly completed
209 application, the application is automatically deemed properly
210 completed and approved.
211 2. Within 5 calendar days after receiving a completed
212 application, a local government must provide written notice to
213 an applicant if additional information is required for the local
214 government to determine the sufficiency of the application, and
215 the notice must specify the additional information that is
216 required. The applicant may submit the additional information to
217 the local government or request that the local government act
218 without the additional information.
219 3. When reviewing an application under this paragraph, a
220 local government may not request additional information from the
221 applicant more than once, unless the applicant waives such
222 limitation in writing.
223 4. If a local government requests additional information
224 from the applicant and the applicant submits the requested
225 additional information to the local government, the local

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226 government must, within 5 calendar days after receiving such
227 information unless the applicant waived the local government's
228 time limitation in writing, determine that the application is
229 complete and:
230 a. Approve the application;
231 b. Approve the application with conditions; or
232 c. Deny the application and provide the applicant with
233 sufficient reason for such denial.
234 5. If a local government does not notify the applicant
235 that the application is approved, approved with conditions, or
236 denied within 5 calendar days after the local government
237 receives the additional information requested under subparagraph
238 4., the application is deemed approved.
239 6. If an owner or contractor retains a private provider
240 for purposes of plans review, the timeframes in subparagraphs
241 2., 4., and 5. are reduced to 3 calendar days.
242 (e) A building permit for a single-family residential
243 dwelling applied for by a contractor licensed in this state on
244 behalf of a property owner who participates in a Community
245 Development Block Grant–Disaster Recovery program administered
246 by the Department of Economic Opportunity must be issued within
247 9 calendar days after receipt of the application unless the
248 permit application fails to satisfy the Florida Building Code or
249 the enforcing agency's laws or ordinances.
250 (f)(c) If a local government fails to meet a deadline set

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251 under this subsection provided in paragraphs (a) and (b), it
252 must reduce the building permit fee by 10 percent for each
253 calendar business day that it fails to meet the deadline, unless
254 the parties agree in writing to a reasonable extension of time.
255 Each 10-percent reduction shall be based on the original amount
256 of the building permit fee, unless the parties agree to an
257 extension of time.
258 (2)(a) The procedures set forth in subsection (1) apply to
259 the following building permit applications: accessory struct ure;
260 alarm permit; nonresidential buildings less than 25,000 square
261 feet; electric; irrigation permit; landscaping; mechanical;
262 plumbing; residential units including other than a single-family
263 residential single family unit or a single-family residential
264 dwelling; multifamily residential not exceeding 50 units;
265 roofing; signs; site-plan approvals and subdivision plats not
266 requiring public hearings or public notice; and lot grading and
267 site alteration associated with the permit application set forth
268 in this subsection. The procedures set forth in subsection (1)
269 do not apply to permits for any wireless communications
270 facilities or when a law, agency rule, or local ordinance
271 specify different timeframes for review of local building permit
272 applications.
273 (b) If A local government must meet has different
274 timeframes than the timeframes set forth in subsection (1) for
275 reviewing building permit applications described in paragraph

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276 (a) unless the timeframes set, the local government must meet
277 the deadlines established by local ordinance are more stringent
278 than those prescribed in subsection (1). If a local government
279 does not meet an established deadline to approve, approve with
280 conditions, or deny an application, it must reduce the building
281 permit fee by 10 percent for each business day that it fails to
282 meet the deadline. Each 10-percent reduction shall be based on
283 the original amount of the building permit fee, unless the
284 parties agree to an extension of time. This paragraph does not
285 apply to permits for any wireless communications facilities.
286 Section 4. Section 440.103, Florida Statutes, is amended
287 to read:
288 440.103 Building permits; identification of minimum
289 premium policy.—Every employer shall, as a condition to applying
290 for and receiving a building permit, show proof and certify to
291 the permit issuer that it has secured compensation for its
292 employees under this chapter as provided in ss. 440.10 and
293 440.38. Such proof of compensation must be evidenced by a
294 certificate of coverage issued by the carrier, a valid exemption
295 certificate approved by the department, or a copy of the
296 employer's authority to self-insure and shall be presented,
297 electronically or physically, each time the employer applies for
298 a building permit. As provided in s. 553.79(22) s. 553.79(23),
299 for the purpose of inspection and record retention, site plans
300 or building permits may be maintained at the worksite in the

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301 original form or in the form of an electronic copy. These plans
302 and permits must be open to inspection by the building official
303 or a duly authorized representative, as required by the Florida
304 Building Code. As provided in s. 627.413(5), each certificate of
305 coverage must show, on its face, whether or not coverage is
306 secured under the minimum premium provisions of rules adopted by
307 rating organizations licensed pursuant to s. 627.221. The words
308 "minimum premium policy" or equivalent language shall be typed,
309 printed, stamped, or legibly handwritten.
310 Section 5. This act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 671 Residential Building Permits
by Rep. Esposito
AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Basabe (line 285):
• Allows residential property owners to elevate their homes up to 4 feet and up to 9 feet in
certain coastal areas.
• Provides definitions for coastal high hazard area, freedboard (elevation), maximum
allowable height, substantial improvement, and voluntary elevation.
• Prohibits the voluntary elevation from being used for the calculation of the maximum
required height.
• Provides local governments flexibility to enact an ordinance to enable residential
property owners to elevate their properties.
• Requires the Florida Building Commission to develop and adopt by rule minimum
residential elevation requirements by November 1, 2023, to be incorporated into the next
edition of the Florida Building Code.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 671 (2023)
Amendment No.1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Basabe offered the following:
4
5 Amendment (with title amendment)
6 Between lines 285 and 286, insert:
7 Section 4. Section 553.845, Florida Statutes, is created to
8 read:
9 553.845 Flood damage prevention.—
10 (1) The Legislature finds that:
11 (a) The state is vulnerable to the adverse effects of
12 flooding resulting from the frequency and intensity of rainfall
13 and an increase in storm surge and sea level rise. These adverse
14 effects pose a significant risk to existing and future
15 residential structures in the state.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.1

16 (b) Public and private investments in our communities are
17 important for economic growth, and protecting residential
18 structures from flooding is essential to maintaining resilient
19 communities.
20 (c) The mitigation of property damage constitutes a valid
21 and recognized objective of the Florida Building Code.
22 (d) It is important to develop a consistent, statewide
23 approach to minimizing flooding in the state to mitigate
24 property damage and encourage continued investment in our
25 communities.
26 (e) Minimum freeboard requirements are critical to
27 addressing the devastating effects of flooding, and delaying the
28 adoption and implementation of such requirements constitutes a
29 threat to the health, safety, and welfare of the state.
30 (2) For purposes of this section, the term:
31 (a) "Coastal high-hazard area" means a special flood
32 hazard area along the coast, as delineated by a Flood Insurance
33 Rate Map issued by the Federal Emergency Management Agency, that
34 has additional hazards due to wind and wave action.
35 (b) "Freeboard" means the additional height, usually
36 expressed as a factor of safety in feet, above the base flood
37 elevation in determining the level at which a structure's lowest
38 floor or the bottom of the lowest horizontal structural member
39 must be elevated in accordance with floodplain management
40 regulations and the Florida Building Code. If a base flood
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Bill No. HB 671 (2023)
Amendment No.1

41 elevation is not determined for a structure that is not located
42 in a special flood hazard area as designated by a Flood
43 Insurance Rate Map issued by the Federal Emergency Management
44 Agency, the term "freeboard" means the highest adjacent grade at
45 the foundation of a structure.
46 (c) "Maximum allowable height" means the maximum height
47 allowed for a structure in the applicable zoning district.
48 (d) "Substantial improvement" has the meaning as in s.
49 161.54(12).
50 (e) "Voluntary freeboard" means the additional height
51 above the freeboard required by floodplain management
52 regulations and the Florida Building Code. If freeboard is not
53 required by floodplain management regulations and the Florida
54 Building Code, the term "voluntary freeboard" means the
55 additional height above the highest adjacent grade at the
56 foundation of a structure.
57 (3)(a) The maximum voluntary freeboard for all new
58 residential construction and substantial improvements to
59 existing residential construction is 4 feet.
60 (b) Within a coastal high-hazard area, the maximum
61 voluntary freeboard for all new residential construction and
62 substantial improvements to existing residential construction is
63 9 feet.
64 (4) For all new construction of a residential structure
65 and substantial improvements to an existing residential
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Amendment No.1

66 structure, voluntary freeboard may not be used in the
67 calculation of the maximum allowable height for the structure.
68 (5) A local government may adopt by ordinance a minimum
69 freeboard requirement or a maximum voluntary freeboard that
70 exceeds the requirements in the Florida Building Code or
71 established in this section.
72 (6) The commission shall develop and adopt by rule minimum
73 residential freeboard requirements by November 1, 2023, which
74 shall take immediate effect, and shall incorporate such
75 requirements into the next edition of the Florida Building Code.
76 (7) Beginning in January 2028, and every 5 years
77 thereafter, the commission shall review the residential
78 freeboard requirements in the Florida Building Code and make
79 recommendations to the Legislature regarding any necessary
80 revisions to such requirements.
81
82 -----------------------------------------------------
83 T I T L E A M E N D M E N T
84 Remove line 24 and insert:
85 the act; creating s. 553.845, F.S.; providing legislative
86 findings; providing definitions; providing specified maximum
87 residential voluntary freeboard requirements for new residential
88 construction and substantial improvements to existing
89 residential construction; prohibiting voluntary freeboard from
90 being used in the calculation of the maximum allowable height
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Amendment No.1

91 for certain construction in applicable zoning districts;
92 authorizing local governments to adopt by ordinance a minimum
93 freeboard requirement or a maximum voluntary freeboard that
94 exceeds the minimum requirements in the Florida Building Code or
95 established in this act; requiring the Florida Building
96 Commission to develop and adopt by rule minimum residential
97 freeboard requirements by a specified date, which shall take
98 immediate effect, and to incorporate such requirements into the
99 next edition of the Florida Building Code; requiring the
100 commission to review the residential freeboard requirements in
101 the Florida Building Code every 5 years beginning on a specified
102 date and make certain recommendations to the Legislature;
103 amending s. 440.103, F.S.; conforming a

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HB 715
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 715 Compensation of Lottery Ticket Retailers
SPONSOR(S): Mooney
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Gambling is generally prohibited and illegal in Florida. However, in 1986, Florida voters adopted a
constitutional amendment authorizing the creation of the Florida Lottery (Lottery). Since that time, the Lottery
has grown into one of the largest state-run lotteries in the country, with annual sales exceeding $9 billion.
Lottery tickets can be purchased at over 13,000 retail locations throughout the state.

The Lottery is charged with supervising and operating the lottery in accordance with the provisions of the
Florida Public Education Lottery Act. Gross revenues from the sale of lottery products are distributed to prizes,
Lottery expenses, and transfers to the Educational Enhancement Trust Fund (EETF).

The Lottery contracts with retailers (e.g., supermarkets, convenience stores, gas stations, and newsstands) to
provide adequate and convenient availability of lottery tickets, and is authorized to adopt rules to establish the
manner and amount of compensation of retailers. However, during the 2022 Legislative Session, the
Legislature authorized for the 2022-2023 fiscal year only, effective July 1, 2022, the commission for Florida
Lottery ticket sales to be 5.75 percent of the purchase price of each ticket sold or issued as a prize by a
retailer. Any additional retailer compensation is limited to the Florida Lottery Retailer Bonus Commission
program appropriated in the 2022-2023 General Appropriations Act.

The bill:
• Establishes a permanent commission to retailers for lottery ticket sales.
• Increases the commission from 5.75 percent to 6 percent of the purchase price of each ticket sold or
issued as a prize by a retailer.
• Removes the requirement that additional retailer compensation be limited to the Florida Lottery Retailer
Bonus Commission program.

The bill increases the commission paid to Florida lottery retailers by approximately $37 million annually. The
Revenue Estimating Conference determined the bill will have a negative recurring impact to the EETF of $37.1
million in Fiscal Year 2023-2024.

The effective date of the bill is July 1, 2023.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0715.RRS
DATE: 3/26/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
General Overview of Lottery in Florida

In general, gambling is illegal in Florida. 1 Chapter 849, F.S., prohibits keeping a gambling house, 2
running a lottery, 3 or the manufacture, sale, lease, play, or possession of slot machines. 4 Certain
exceptions have been authorized, with restrictions on permitted locations, operators, and prizes,
including penny-ante games, 5 bingo, 6 cardrooms, 7 charitable drawings, 8 game promotions
(sweepstakes), 9 and bowling tournaments. 10 In addition, Chapters 550 and 551, F.S., respectively,
authorize pari-mutuel wagering at licensed facilities and slot machine gaming at specified locations.

Section 7 of Article X of the Florida Constitution provides, “Lotteries, other than the types of pari-mutuel
pools authorized by law as of the effective date of this constitution, are hereby prohibited in this
state.” 11

In 1986, Florida voters approved an amendment to the Florida Constitution to allow the state to operate
a lottery. Section 15 of Article X of the Florida Constitution provides as follows:

Lotteries may be operated by the state…. On the effective date of this amendment,
the lotteries shall be known as the Florida Education Lotteries. Net proceeds derived
from the lotteries shall be deposited to a state trust fund, to be designated The State
Education Lotteries Trust Fund, to be appropriated by the Legislature. The schedule
may be amended by general law.

In 1987, the Legislature created the Florida Public Education Lottery Act, 12 which established a state
lottery system intended primarily to generate revenue for public education of the state. 13 The
Department of the Lottery (Lottery) is charged with supervising and operating the lottery in accordance
with the provisions of the Florida Public Education Lottery Act and rules adopted pursuant thereto. 14

In 1988, the Lottery began offering lottery games with a $1 weekly drawing. 15 Since then, the Lottery
has grown to include approximately 80 different scratch-off games available at over 13,000 retailer
locations, with lottery ticket prices ranging from $1 to $50. 16

Lottery Revenues

In sum, for Fiscal Year 2021-22, the Florida Lottery:

1
S. 849.08, F.S.
2
S. 849.01, F.S.
3
S. 849.09, F.S.
4
S. 849.16, F.S.
5
S. 849.085, F.S.
6
S. 849.0931, F.S.
7
S. 849.086, F.S.
8
S. 849.0935, F.S.
9
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
10
S. 546.10, F.S.
11
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution (Nov. 5, 1968) include
horseracing, greyhound racing and jai alai games.
12
Ss. 24.101 to 24.124, F.S.
13
S. 24.102, F.S.
14
S. 24.105(2), F.S.
15
Florida Lottery, History, http://www.flalottery.com/history (last visited Feb. 24, 2023).
16
Florida Lottery, Scratch Offs, http://www.flalottery.com/scratch-offs?amount=30 (last visited Feb. 24, 2023).
STORAGE NAME: h0715.RRS PAGE: 2
DATE: 3/26/2023
• Prizes totaled $6.245 billion;
• Retailer commissions totaled $523.1 million;
• Ticket sales totaled $9.325 billion;
• Transfers to the EETF totaled $2.33 billion; and
• Ranked the highest among U.S. lotteries in total sales and sixth highest among U.S. lotteries in
per capita sales. 17

Gross revenues from the sale of lottery products are distributed to prizes, Lottery expenses, and
transfer to the Educational Enhancement Trust Fund (EETF). 18 The Lottery determines the variable
percentage of the gross revenue from the sale of draw and scratch-off tickets that is returned to the
public in the form of prizes in a manner designed to maximize the amount of revenue earned to
enhance education. Gross sales revenue also is used to pay the expenses associated with running the
Lottery, including the cost of its retailer network, draw and scratch-off game vendors, advertising
vendors, and its in-house operation. The remainder of gross sales revenue is transferred to the
EETF. 19

Lottery Retailers

The Lottery contracts with retailers 20 (e.g., supermarkets, convenience stores, gas stations, and
newsstands) to provide adequate and convenient availability of lottery tickets. 21 Lottery retailers receive
support from the Lottery in the following ways, at no cost to the retailer: 22
• In-store full service from a Lottery Sales Representative.
• Point-of-sale material.
• Ongoing training.
• In-store promotional opportunities.
• A dedicated Retailer Hotline for quick assistance.

The Lottery is authorized to adopt rules to establish the manner and amount of compensation of
retailers. 23 A five percent sales commission was established in 1987 24 and remained until July 1, 2022.
In addition, retailers also received a separate one percent commission for paying prizes of less than
$600. 25

For the 2022-2023 fiscal year only, effective July 1, 2022, the Florida Legislature adopted a specific
commission for Florida Lottery ticket sales of 5.75 percent of the purchase price of each ticket sold or
issued as a prize by a retailer. Any additional retailer compensation is limited to the Florida Lottery
Retailer Bonus Commission program appropriated in Specific Appropriation 2759U of the 2022-2023
General Appropriations Act. 26

According to the Lottery, the 5.75 percent is a flat sales commission on both draw and scratch-off ticket
sales. Lottery retailers sell scratch-off tickets on consignment. Retailers receive full books of scratch-off
tickets at no cost, and after selling the tickets, receive a commission for selling those tickets to players.
After tickets are sold, the retailer reconciles the book of tickets through the Lottery terminal, which then
charges their account, less a 5.75 percent commission. Draw game ticket sales are automatically
registered on the Lottery terminal and retailers are charged according to what they sell, less a 5.75

17
Office of Program Policy Analysis and Gov’t Accountability, Review of the Florida Lottery, 2022, Report No. 23-02, (Jan. 2023),
https://oppaga.fl.gov/Documents/Reports/23-02.pdf at page 1, (last visited Feb. 24, 2023).
18
S. 24.121(1), F.S.
19
Office of Program Policy Analysis and Gov’t Accountability, Government Program Summaries, Department of the Lottery, 2022,
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=2090 (last visited Feb. 27, 2023).
20
S. 24.103(5), F.S., defines “retailer” as “a person who sells lottery tickets on behalf of the department pursuant to a contract.”
21
S. 24.105(16), F.S.
22
Florida Department of the Lottery, Agency Analysis of House Bill 715, p. 2 (Mar. 3, 2023).
23
S. 24.105(9)(i), F.S.
24
R. 53ER87-44, F.A.C.
25
Id.
26
Id.
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DATE: 3/26/2023
percent commission. There is no cap on the amount of sales commissions a retailer can receive, the
more a retailer sells, the more they receive in commissions. 27

According to reports, the top 10 lottery-selling locations for the 2019 fiscal year, including total net
sales, included the following: 28
• State Line Gift Shop, McDavid: $5,505,257.50
• Fortune Liquors, Campbellton: $5,384,016.50
• Friendly Mini Mart, Bonifay: $4,577,112
• Mercado Miami, Miami: $4,289,590
• Flora Bama Liquor, Pensacola: $3,558,104.50
• Publix, Clearwater: $3,503,670
• Edgewood Shell, Jacksonville: $3,484,808
• Circle K, Pensacola: $3,445,720.50
• Publix, West Palm Beach: $3,403,995.50
• Publix, Loxahatchee: $3,367,386.50

Proposed Changes

The bill establishes a permanent commission for Lottery ticket sales for retailers.

The bill increases the commission for lottery ticket sales from 5.75 percent to 6 percent of the purchase
price of each ticket sold or issued as a prize by a retailer.

The bill removes the requirement that additional retailer compensation be limited to the Florida Lottery
Retailer Bonus Commission program.

B. SECTION DIRECTORY:
Section 1: Amends s. 24.105, F.S., relating to powers and duties of the department.

Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
According to the Lottery, increasing the retailer commission rate from 5.75 percent to 6 percent will
reduce EETF transfers by $23.6 million for FY 2023-24. 29

The Revenue Estimating Conference (REC) determined the bill will negative impact to the EETF of
$37.1 million in Fiscal Year 2023-2024, with a recurring impact of $38.2 million. According to the
REC, an increase in the retailer commissions rate reduces the Lottery transfer to EETF from lottery
ticket sales. 30

2. Expenditures:
Expenditures related to the retailer commission rate will increase.

27
Florida Department of the Lottery, Agency Analysis of House Bill 715, p. 2 (Mar. 3, 2023).
28
Dan Sweeney, Where do the most Florida Lottery tickets get sold? Bet you can’t guess., (Mar. 13, 2020), https://www.sun-
sentinel.com/news/sound-off-south-florida/fl-ne-sosf-florida-lottery-retail-sales-20200313-vm4qu7ovyne4vgunovkhl4cyji-story.html
(last visited Mar. 26, 2023).
29
Florida Department of the Lottery, Agency Analysis of House Bill 715, p. 8 (Mar. 3, 2023).
30
Revenue Estimating Conference, Proposed Fiscal Impact of the Educational Enhancement Trust Fund, Consensus Estimate (Mar.
17, 2023), http://edr.state.fl.us/content/conferences/revenueimpact/archives/2023/_pdf/impact0317.pdf (last visited Mar. 23, 2023).
STORAGE NAME: h0715.RRS PAGE: 4
DATE: 3/26/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
According to the Lottery, the increase in commission to retailers collectively will average $24.02 million
over the next five years. However, the amount received on an individual basis is indeterminate.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
According to the Lottery, it would need to amend a current rule to account for the increased sales
commissions. The Florida Public Education Lottery Act provides sufficient rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
It is not clear whether the commission rate established by the bill will allow the Lottery to continue to
determine the amount of the commission for retailers or preclude the ability of the Lottery to make
changes to the commission.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/26/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 715 2023

1 A bill to be entitled
2 An act relating to compensation of lottery ticket
3 retailers; amending s. 24.105, F.S.; providing
4 retailer compensation for lottery ticket sales;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraph (i) of subsection (9) of section
10 24.105, Florida Statutes, as amended by chapter 2022-157, Laws
11 of Florida, is amended to read:
12 24.105 Powers and duties of department.—The department
13 shall:
14 (9) Adopt rules governing the establishment and operation
15 of the state lottery, including:
16 (i) The manner and amount of compensation of retailers.
17 However, the commission for lottery ticket sales shall be 6
18 percent of the purchase price of each ticket sold or issued as a
19 prize by a retailer.
20 Section 2. This act shall take effect July 1, 2023.

Page 1 of 1

CODING: Words stricken are deletions; words underlined are additions.
hb0715-00
HB 737
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: HB 737 Secondhand Goods
SPONSOR(S): Barnaby
TIED BILLS: IDEN./SIM. BILLS: SB 442

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

1) Regulatory Reform & Economic Larkin Anstead
Development Subcommittee
2) Commerce Committee

SUMMARY ANALYSIS
Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of secondhand
goods. A secondhand dealer is a person, corporation, or other business organization or entity, that is not a
secondary metals recycler, engaged in the business of purchasing, consigning, or trading secondhand goods.
Secondhand goods are previously owned or used personal property that is purchased, consigned, or traded as
used property.

The bill amends the definition of “secondhand goods” to exclude “money”; gold bullion, silver bullion, platinum
bullion, palladium bullion, or rhodium bullion if such bullion has been assayed and is properly marked as to its
weight and fineness.

The bill removes coins from the list of items which are expressly excluded from the definition of “secondhand
goods” and replaces “coins” with “money”.

The bill does not appear to impact state or local governments.

The bill takes effect July 1, 2023.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0737.RRS
DATE: 3/26/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Current Situation

Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of
secondhand goods. A secondhand dealer 1 is defined as any person, corporation, or other business
organization or entity that is not a secondary metals recycler and is engaged in the business of
purchasing, consigning, or trading secondhand goods. The term also includes a secondhand dealer
engaged in purchasing secondhand goods by means of an automated kiosk. 2

“Secondhand goods” means personal property previously owned or used which is not regulated metals
property regulated under part II of ch. 538, and which is purchased, consigned, or traded as used
property. The term includes gift certificates and credit memos 3 as defined in s. 501.95 which are
purchased, consigned, or traded by a secondhand dealer.

The term does not include:
• office furniture,
• pianos,
• books,
• clothing,
• organs,
• coins,
• motor vehicles,
• costume jewelry,
• cardio and strength training or conditioning equipment designed primarily for indoor use, an
• secondhand sports equipment that is not permanently labeled with a serial number. 4
o The term “secondhand sports equipment” does not include golf clubs.

Secondary metals recyclers may not sell “regulated metals property” without obtaining proof of
ownership or permission from the owner if the person is an employee of such owner. Regulated metals
property means any item composed primarily of any nonferrous metals. The term does not include
aluminum beverage containers, used beverage containers, or similar beverage containers; however,
the term includes stainless steel beer kegs and items made of ferrous metal obtained from any
restricted regulated metals property.

Restricted regulated metals property is subject to restrictions and includes the following:
• A manhole cover.
• An electric light pole or other utility structure and its fixtures, wires, and hardware that are
readily identifiable as connected to the utility structure.
• A guard rail.
• A street sign, traffic sign, or traffic signal and its fixtures and hardware.
• Communication, transmission, distribution, and service wire from a utility, including copper or
aluminum bus bars, connectors, grounding plates, or grounding wire.

1 A pawnbroker is different than a secondhand dealer. “Pawn” means any advancement of funds on the security of pledged goods on

condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the
pledgor on the terms and conditions contained in this section. See s. 539.001, F.S; Pawnshops must be registered and are regulated by
the Florida Department of Agriculture and Consumer Services. Pawnshops, Florida Department of Agriculture & Consumer Services,
https://www.fdacs.gov/Consumer-Resources/Consumer-Rights-and-Responsibilities/Pawnshops (last March 24, 2023).
2 S. 538.03(1)(h), F.S.
3 S. 501.95, F.S., defines “credit memo” as a certificate, card, stored value card, or similar instrument issued in exchange for returned

merchandise when the certificate, card, or similar instrument is redeemable for merchandise, food, or services regardless of whether
any cash may be paid to the owner of the certificate, card, or instrument as part of the redemption transaction.
4 S. 538.03(1)(i), F.S.

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DATE: 3/26/2023
• A funeral marker or funeral vase.
• A historical marker.
• Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch
plate, E clip, or rail tie junction.
• Any metal item that is observably marked upon reasonable inspection with any form of the
name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
• A copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or
rods, from an air-conditioning or heating unit, excluding coils from window air-conditioning or
heating units and motor vehicle air-conditioning or heating units.
• An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.
• A stainless steel beer keg.
• A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of
a motor vehicle.
• Metallic wire that has been burned in whole or in part to remove insulation.
• A brass or bronze commercial valve or fitting, referred to as a “fire department connection and
control valve” or an “FDC valve,” that is commonly used on structures for access to water for the
purpose of extinguishing fires.
• A brass or bronze commercial potable water backflow preventer valve that is commonly used to
prevent backflow of potable water from commercial structures into municipal domestic water
service systems.
• A shopping cart.
• A brass water meter.
• A storm grate.
• A brass sprinkler head used in commercial agriculture.
• More than two lead-acid batteries, or any part or component thereof, in a single purchase or
from the same individual in a single day.

Regulation of Secondhand Dealers and Secondary Metals Recyclers

Local law enforcement and three state agencies have statutory obligations regarding Florida's
secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers.

The three state agencies include: 5
• Florida Department of Revenue- Maintains the statewide registration system for secondhand
dealers, mail-in secondhand dealers, and secondary metals recyclers.
• Florida Department of Highway Safety & Motor Vehicles (DHSMV) - Oversees recordkeeping,
proof of ownership, reporting, and enforcement of state laws related to the dismantling or
destruction of motor vehicles, recreational vehicles, and mobile homes by salvage motor vehicle
dealers and secondary metals recyclers (Chapter 319, F.S.). Depending on the type of
materials obtained, certain businesses may be required to register as a salvage motor vehicle
dealer in addition to registration as a secondary metals recycler. (Section 320.27, F.S)
• Florida Department of Law Enforcement (FDLE) -Approves transaction forms that document the
sale/purchase of secondary metals. Secondary metals recyclers must complete and maintain
these forms for specified time periods (Chapter 538, F.S.).

Records and Reporting Requirements

A secondhand dealer must annually register his or her business with the Department of Revenue. 6

Examples of businesses that must register as a secondhand dealer include:
• consignment stores (excluding stores that consign only clothes);
• secondhand stores;
5 Secondary Metal Information, Florida Department of Law Enforcement, https://www.fdle.state.fl.us/SMI (last visited March 24, 2023).
6 S. 538.09, F.S.; What Businesses Are Required to Register as Secondhand Dealers?, Florida Department of Revenue,

https://floridarevenue.com/faq/Pages/FAQSearch.aspx?Cat=4&amp;Subcat=59 (last visited March 24, 2023).
STORAGE NAME: h0737.RRS PAGE: 3
DATE: 3/26/2023
• music stores that buy or trade used music CDs;
• used tire dealers; and
• used furniture stores (other than office furniture).

Upon each acquisition of secondhand goods, a secondhand dealer must complete a transaction form
that details the goods purchased and the seller’s identity.

A “transaction” is defined as “any purchase, consignment, or trade of secondhand goods by a
secondhand dealer.” 7 The secondhand dealer must retain this document for at least three years and
forward a copy to the appropriate law enforcement agency within 24 hours after the acquisition of the
secondhand goods. 8 The secondhand dealer must also must keep copies on the registered
secondhand dealer premises for at least one year after the transaction. 9

In addition to the descriptive statements of the secondhand goods and the seller’s identity, the
transaction record must also include:
• A statement of the date, time, and place of the transaction;
• A summary of the goods acquired, including brand name, model number, serial number, and
other unique identifiers;
• Digital photographs of the goods acquired in the report that is submitted to law enforcement;
and
• A description of the person from whom the goods were acquired, including his or her right
thumbprint, name and address, and a physical description. 10

Holding Period

Secondhand dealers are required to hold all secondhand goods for at least 15 days after they acquire
the property.

However, secondhand dealers are required to hold certain items for 30 days: 11
• a precious metal, 12
• gemstone,
• jewelry;
• antique furnishings,
• fixtures, or decorative objects; or
• an item of art as defined in s. 686.501, F.S., 13

Additionally, a secondhand good must be held for 30 days if the secondhand dealer uses an automated
kiosk. 14

Such holding period is not applicable, however, when the person known by the secondhand dealer to
be the person from whom the goods were acquired desires to redeem, repurchase, or recover the

7 S. 538.03(1)(j), F.S.
8 S. 538.04(1), F.S.
9 Id.
10 Id.
11 S. 538.06(1), F.S.
12 S. 538.03(1)(f), F.S., defines “precious metals” as any item containing any gold, silver, or platinum, or any combination thereof,

excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.
13 S. 686.501, F.S., defines “art” as a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macramé, quilt, print,

photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber, wood, tile, metal, plastic, or glass.
The term includes a rare map which is offered as a limited edition or a map 80 years old or older; or a rare document or rare print which
includes, a print, engraving, etching, woodcut, lithograph, or serigraph which is offered as a limited edition, or one 80 years old or older.
14 S. 538.03(1)(c), F.S., defines an “automated kiosk” as an interactive device that is permanently installed within a secure retail space

and that has the following technological functions: remotely monitored by a live representative during all business hours; verification of
a seller’s identity by government-issued photographic identification card; automated reading and recording of item serial numbers;
ability to compare item serial numbers against databases of stolen items; secure storage of goods accepted by the kiosk; and capture
and storage of images during the transaction.
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DATE: 3/26/2023
goods, provided the dealer can produce the record of the original transaction with verification that the
customer is the person from whom the goods were originally acquired. 15

If a law enforcement officer has probable cause to believe that the goods held by a secondhand dealer
are stolen, the officer may place a 90-day written hold order on the goods. This prevents the
secondhand dealer from selling the goods and preserves them for use as evidence in a criminal trial. 16
Additionally, this allows for the possibility of the goods to be returned to their rightful owner.

Law enforcement agencies with jurisdiction enforce compliance with registration, record keeping,
holding periods, and inspection requirements. 17 A person who knowingly violates the requirements
governing secondhand dealers in ch. 538, F.S., commits a first-degree misdemeanor, punishable by up
to 1 year in jail and a $10,000 fine. 18

Methods for Return of Stolen Goods held by a Secondhand Dealer

A victim of a theft may recover his or her goods, or their value, through one of three methods:
• A victim may purchase his or her items back from the secondhand dealer, and then file a civil
action against the thief for reimbursement of the cost expended.
• A court may order restitution or return of the goods to the secondhand dealer or victim of the
crime. 19 If the court orders return of the goods or restitution to the victim, the court must also
order restitution to the secondhand dealer from the person who sold the goods to the
secondhand dealer. 20
• A victim may file a civil action for replevin against the secondhand dealer. 21

Replevin is an action for the repossession of personal property that was wrongfully taken or detained
by the defendant, where the plaintiff secures a bond for and holds the property until the court decides
the rightful owner. 22 Petitions for replevin must contain the following information:
• Proof of ownership or right of possession of the property in question and a description of the
property;
• A description of how, to the best of plaintiff’s knowledge, the property was wrongfully taken by
the defendant; and
• A statement that the property was not taken under any legal basis such as execution, tax, or
fine. 23

In an action for replevin, a court is required to award the prevailing party attorney fees and costs. When
the petitioner is the prevailing party, the court may also order payment of the filing and service fees. 24
Victims of theft and prevailing plaintiffs in an action for replevin are entitled to damages for loss of use,
which are limited to no more than the value of the property before it was taken or damaged. 25

A secondhand dealer commits a noncriminal violation, punishable by a fine of up to $2,500 if the
following occurs:
• Owner or lienor makes a written demand for return of the property and provides proof of
ownership or proof of the right of possession to the secondhand dealer at least five days before
filing a replevin action;
• The secondhand dealer knows or should have known based on the proof provided above, the
property belongs to the owner or lienor;

15 S. 538.06(1), F.S.
16 S. 538.06(3), F.S.
17 S. 538.05, F.S.
18 S. 538.07(1), F.S.
19 S. 538.07(2), F.S.
20 S. 538.06(4), F.S.
21 S. 538.08, F.S.
22 BLACK’S LAW DICTIONARY (10th ed. 2014) (defining the term “replevin”); see also, ch. 78, F.S., “Replevin.”
23 Ss. 78.055 and 538.08, F.S.
24 S. 538.08(2), F.S. Otherwise, the filing and services fees are waived.
25 Foresight Enterprises, Inc. v. Leisure Time Properties, Inc., 466 So.2d 283, 286 (Fla. 5th DCA 1985). The plaintiff is also entitled to

the summary procedure provided in s. 51.011, F.S.
STORAGE NAME: h0737.RRS PAGE: 5
DATE: 3/26/2023
• The secondhand dealer fails to return the property and does not file an action for interpleader 26
to determine conflicting claims to the property; and
• The owner or lienor prevails in the replevin action against the secondhand dealer. 27

Currently, there appears to be ambiguity about whether products, such as precious metals, money 28, or
coins 29 are considered securities and potentially subject a retailer of such to a variety of other laws outside
the secondhand goods regulatory scheme. 30

Effect of Bill

The bill amends s. 538.03, F.S., to revise the definition of “secondhand goods” to exclude:
• money; and
• gold bullion 31,
• silver bullion,
• platinum bullion,
• palladium bullion, or
• rhodium bullion
o If such bullion has been assayed 32 and is properly marked as to its weight and fineness.

The bill removes “coins” from the list of items which are expressly excluded from the definition of
“secondhand goods”.

The bill clarifies that all currency is exempt from the required holding period under Part I of ch. 538, F.S.

Thus, the holding period of 30 days for certain bullion as described above is eliminated.

B. SECTION DIRECTORY:
Section 1: Amends s. 538.03, F.S., relating to secondhand goods.
Section 2: Provides effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill does not appear to have an impact on state revenues.

2. Expenditures:
The bill does not appear to have an impact on state expenditures.

26 Generally, interpleader is suit to determine a right to property held by a disinterested third party (called a stakeholder) who is in doubt

about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership. BLACK’S LAW
DICTIONARY (10th ed. 2014) (defining the term “interpleader”).
27 S. 538.08(5), F.S.
28 Money” means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. S.

538.18(5), F.S.
29 “Coins” is not defined in the Florida Statutes. The dictionary defines “coins” as “usually flat piece of metal issued by governmental

authority as money.” Coin Definition & Meaning, Merriam-Webster, Merriam-Webster, https://www.merriam-webster.com/dictionary/coin
(last visited March 26, 2023).
30 David Cosgrove, Retail Precious Metals Dealers Beware, Cosgrove Law Group , https://www.cosgrovelawllc.com/12-02-13-retail-

precious-metals-dealers-beware.html (last visited March 26, 2023).
31 “Bullion is a physical precious metal in the form of a bar, coin, or round that is almost entirely valued by its precious metal melt value

alone.” What Is Bullion?, SD Bullion , https://sdbullion.com/what-is-bullion (last visited March 25, 2023).
32 For example, “a gold assay is a process to measure the purity of items containing gold. It helps to ensure that gold coins or bullion

bars produced by a mint meet the correct purity and content standards.” Will Kenton, What Is Assay?, Investopedia, Investopedia, Nov.
21, 2022,
https://www.investopedia.com/terms/a/assay.asp#:~:text=A%20gold%20assay%20is%20a,correct%20purity%20and%20content%20st
andards (last visited March 25, 2023).
STORAGE NAME: h0737.RRS PAGE: 6
DATE: 3/26/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill does not appear to have an impact on local government revenues.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Secondhand dealers who purchase bullion may see a cost benefit because these items are expressly
excluded from the definition of a secondhand goods and therefore, are no longer required to be held for
30 days.

D. FISCAL COMMENTS:

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
There may be potential issues with removing “coins” from the exception from the secondhand goods
regulations. “Coins” potentially means and includes currency that is not currently in circulation.
However, replacing such term with “money” broadens the applicability with unknown consequences.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0737.RRS PAGE: 7
DATE: 3/26/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 737 2023

1 A bill to be entitled
2 An act relating to secondhand goods; amending s.
3 538.03, F.S.; revising the definition of "secondhand
4 goods"; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Paragraph (i) of subsection (1) of section
9 538.03, Florida Statutes, is amended to read:
10 538.03 Definitions; applicability.—
11 (1) As used in this part, the term:
12 (i) "Secondhand goods" means personal property previously
13 owned or used which is not regulated metals property regulated
14 under part II and which is purchased, consigned, or traded as
15 used property. The term includes gift certificates and credit
16 memos as defined in s. 501.95 which are purchased, consigned, or
17 traded by a secondhand dealer. The term does not include office
18 furniture;, pianos;, books;, clothing;, organs;, money; coins,
19 motor vehicles;, costume jewelry; gold, silver, platinum,
20 palladium, or rhodium bullion that has been assayed and is
21 properly marked as to its weight and fineness;, cardio and
22 strength training or conditioning equipment designed primarily
23 for indoor use;, and secondhand sports equipment that is not
24 permanently labeled with a serial number. As used in this
25 paragraph, the term "secondhand sports equipment" does not

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0737-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 737 2023

26 include golf clubs.
27 Section 2. This act shall take effect July 1, 2023.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0737-00
HB 833
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 833 Vacation Rentals
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS: CS/SB 714

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) Ways & Means Committee

3) Commerce Committee

SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) in the Department of Business and Professional Regulation
(DBPR) licenses and inspects vacation rentals within the state. A vacation rental is classified as any unit or
group of units in a condominium or cooperative or any individually or collectively owned home, not a timeshare
project, which is rented to guests more than three times in a calendar year for periods of less than 30
days or 1 calendar month, or advertised to the public as a place regularly rented to guests. Local
governments may not prohibit vacation rentals or regulate the duration or frequency of such rentals.
Local regulations adopted before June 1, 2011, are not subject to this prohibition.

The bill:
• Adds to the scope of the state preemption of public lodging establishments and public food service
establishments by preempting “licensing” regulations, and revises the scope of the express state
preemption on vacation rentals to allow local jurisdictions to amend local regulations to:
o Be less restrictive; or
o Comply with local registration requirements.
• Allows local governments to create a local vacation rental registration program.
• Allows local governments to charge a registration fee not to exceed $50 for processing an individual
registration application, or $100 for processing a collective registration application.
• Requires local governments to waive fines for failure to register if the vacation rental becomes
registered within 30 days.
• Preempts to the state the regulation of advertising platforms, requires users of advertising platforms to
provide license and registration information in a vacation rental listing, requires advertising platforms to
collect and remit certain taxes and adopt an antidiscrimination policy.
• Grants the Division certain enforcement mechanisms relating to unlicensed activities.
• Specifically, does not supersede the authority of condominiums, cooperatives, or homeowners’
associations to restrict the use of their properties.
• Requires vacation rental operators to display license and registration information.
• Requires sexual offenders and sexual predators who stay in a vacation rental to register with the local
sheriff's office under certain circumstances.

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

Except as otherwise provided, the bill takes effect upon becoming law.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0833.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Vacation Rentals

The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. DBPR licenses
vacation rentals within the state and has the power to inspect a licensed vacation rental. 1

Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project. 2

The term “public lodging establishments” includes transient and nontransient public lodging
establishments. 3 The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and the
length of the rentals.

The term “transient public lodging establishment” means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings, which is rented to guests more than three times
in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which
is advertised or held out to the public as a place regularly rented to guests. 4

The term “vacation rental” means any unit or group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling
unit that is also a transient public lodging establishment but that is not a timeshare project. 5

Current law exempts from licensing requirements living or sleeping facilities that do not fit within the
classification of a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and
breakfast inn, or transient apartment. 6 Currently, the classification for “vacation rental” only applies to
situations where the entire unit or dwelling is offered for rent; therefore the rental of individual rooms
within a condominium unit or house is excluded from the licensure and regulation of public lodging
establishments by the Division. 7

Licensure

The Division is authorized to issue vacation rental licenses as follows:
• Single license: issued to an individual person or entity, but not a licensed agent, and may
include one single-family house or townhouse, or a unit or group of units within a single building
that are owned and operated by the same individual person or entity.
• Group license: issued to a licensed agent to cover all units within a building or group of
buildings in a single complex and only covers units held out to the public as a place regularly
rented to guests.

1
S. 509.241, F.S.
2
S. 509.242(1), F.S.
3
S. 509.013(4)(a), F.S.
4
S. 509.013(4)(a)1., F.S.
5
S. 509.242(1)(c), F.S.
6
S 509.013(4)(b)9., F.S.
7
See 18-06 Fla. Op.Att’y Gen. (2018).
STORAGE NAME: h0833.RRS PAGE: 2
DATE: 3/25/2023
• Collective license: issued to a licensed agent who represents a collective group of houses or
units found on separate locations not to exceed 75 houses per license. 8

Applicants for licensure must submit the appropriate application and required fee to the Division. The
license fees are based on the number of rental units in the establishment. A current license must be
conspicuously displayed in the office or lobby of the licensed establishment. 9 If no office or lobby is
present on the premises of the licensed establishment, the license must be readily available for
inspection upon request. 10

Currently, there are 63,690 public lodging establishments licensed by the Division. These licenses are
distributed as follows: 11
• Hotels: 2,308 licenses;
• Motels: 2,397 licenses;
• Non-transient apartments: 18,315 licenses;
• Transient apartments: 913 licenses;
• Bed and Breakfast Inns: 261 licenses;
• Vacation rental condominiums: 12,716 licenses;
• Vacation rental dwellings: 26733,306 licenses; and
• Vacation rental timeshare projects: 47 licenses.

License Fees

The Division provides the following fee schedule relating to vacation rentals: 12
• Vacation rentals/collective license.
BASIC PER UNIT FEE HEP FEE 13 TOTAL FEE
FEE
$150 $10 $10 VARIES
• Vacation rentals/group and single license.
NUMBER OF BASIC FEE INCREMENTAL HEP FEE TOTAL FEE
UNITS UNIT FEE
SINGLE $150 $10 $10 $170
UNIT
2-25 $150 $20 $10 $180
26-50 $150 $35 $10 $195
51-100 $150 $50 $10 $210
101-200 $150 $75 $10 $235
201-300 $150 $105 $10 $265
301-400 $150 $135 $10 $295
401-500 $150 $160 $10 $320
OVER $150 $190 $10 $350
500

Applicants for initial licensure are required to pay the full license fee if the application is made during, or
more than six months before, the annual renewal period. A half-year fee is authorized if such
application is made 6 months or less before the renewal period. A $50 application fee is required when
making the initial application or an application for change of ownership. Renewal fees are based upon
the number of units under the license when the license was either issued or last renewed, whichever is

8
S. 509.241, F.S.
9
S. 509.241(3), F.S.
10
R. 61C-1.002(1), F.A.C.
11
DBPR, Division of Hotels and Restaurants Annual Report for FY 2021-2022, p. 8,
http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2021_22.pdf (last visited Mar. 24, 2023).
12
R. 61C-1.008, F.A.C.
13
S. 509.302, F.S., establishes the Hospitality Education Program. All public lodging establishments and all public food service
establishments licensed under ch. 509, F.S., are required to pay an annual fee of no more than $10, which shall be included in the
annual license fee and used for the sole purpose of funding the Hospitality Education Program.
STORAGE NAME: h0833.RRS PAGE: 3
DATE: 3/25/2023
most recent. A $50 delinquency fee is required to renew a delinquent license filed with the Division after
the expiration date.

Sanitation and Safety

Current law requires each public lodging establishment to meet requirements and standards relating to
sanitation and safety. 14 These requirements and standards apply to the following:
• Water, plumbing and waste;
• Public bathrooms (vacation rentals are exempt from this requirement);
• Towels;
• Glassware, tableware, and utensils (vacation rentals are exempt from federal and state
standards but must sanitize with household cleaning supplies and provide notice of such in
guest rooms);
• Kitchens;
• Ice making machines;
• Locking devices;
• Vermin control;
• Storage and labeling of toxic items;
• Structural components, attachments, and fixtures; and
• Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms.

Ventilation and Fire Safety

Each bedroom in a public lodging establishment must be properly ventilated with windows or
mechanical ventilation. 15 Specialized smoke detectors for the deaf and hearing-impaired must be made
available upon request by guests in transient public lodging establishments without charge. 16

In addition, smoke alarms must be installed in every living unit, 17 and automatic fire sprinklers may be
required in public lodging establishments if the rental units are located within a building with three or
more stories or greater than 75 feet in height. 18 All local fire authority requirements must be met.
Electrical wiring must be in good repair.

Conduct on Premises

The operator of a public lodging establishment is authorized to refuse accommodations or service to
undesirable guests. 19 Subject to proper notification, an operator may remove guests who:
• Illegally possess or deal controlled substances;
• Are intoxicated;
• Are profane, lewd, or brawling;
• Disturb the peace and comfort of other guests;
• Injure the reputation, dignity, or standing of the establishment;
• Fail to pay rent on time;
• Fail to check out on time;
• Are generally detrimental to the establishment. 20

The admission to, or the removal from, a public lodging establishment cannot be based upon race,
creed, color, sex, physical disability, or national origin. 21

14
See generally s. 509.221, F.S., and R. 61C-1&3, F.A.C.
15
S. 509.221(3), F.S.
16
R. 61C-1.004, F.A.C.
17
S. 509.215(1)(b), F.S.
18
S. 509.215(1), F.S.
19
S. 509.142, F.S.
20
S. 509.141(1), F.S.
21
S. 509.141(1), F.S.
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DATE: 3/25/2023
Violations for remaining or attempting to remain in an establishment after being requested to leave are
a second-degree misdemeanor, punishable as provided in ss. 775.082 or 775.083, F.S. 22

In addition, an operator is authorized to take a person into custody and detain that person for disorderly
conduct that creates a threat to the life or safety of the person or others. 23

Inspections

The Division is required to inspect all public lodging establishments as often as necessary for the
enforcement of the law and protection of the public health, safety and welfare. Each licensed public
lodging establishment must be inspected at least biannually (twice per year), except for transient
and non-transient apartments, which must be inspected at least annually. 24

Vacation rentals are not subject to this requirement, but must be available for inspection upon a
request by the Division. For inspection purposes, the licensee or operator must, upon request, meet
the inspector at the site of a specified establishment with keys to the licensed house or unit being
inspected. 25

Additionally, an applicant for a vacation rental license is required to submit with the license application
a signed certificate evidencing the inspection of all balconies, platforms, stairways, railings, and
railways from a person competent to conduct such inspections. 26

The Division also may inspect a vacation rental in response to a consumer complaint related to
sanitation issues or unlicensed activity. In Fiscal Year 2021-2022, the Division received 325
consumer complaints related to vacation rentals, of which 34 were confirmed as a violation by the
Division. 27

Registry

The licensee or operator of a vacation rental must notify the Division of any and all houses or units
represented for inclusion in the license application. Anytime a change occurs in the street or unit
address or number of houses or units included under the license, the licensee or operator must notify
the Division of any and all houses or units included in the license at least 60 days prior to the expiration
date of the license. In addition, a list of the included houses or units must be maintained in a written
form for inspection by request. 28

Each operator of a transient establishment must maintain a register showing the dates each rental unit
was occupied by a guest as well the rates charged to the occupants. This register must be maintained
in chronological order and available for inspection by the Division at any time. Operators must maintain
two years of register data. 29

Violations

Any public lodging establishment found to be in violation of ch. 509, F.S., or rules adopted by the
Division, may be subject to administrative actions including the following penalties:
• Fines not to exceed $1,000 per offense; and
• Suspension, revocation, or refusal of a license. 30

22
S. 509.141(3), F.S.
23
S. 509.143(1), F.S.
24
See generally s. 509.032, F.S., r. 61C-1.002, F.A.C.
25
Id.
26
See ss. 509.211(3), 509.2112, F.S., and r. 61C-3.001, F.A.C.
27
DBPR, Division of Hotels and Restaurants Annual Report for FY 2021-2022, at 21.
28
R. 61C-1.002, F.A.C.
29
S. 509.101(2), F.S.
30
S. 509.261(1), F.S.
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DATE: 3/25/2023
Preemption Authority

Prior to June 1, 2011, local governments regulated vacation rentals (also referred to as resort dwellings
in many local ordinances). Local governments could restrict or prohibit vacation rentals up to, and
including, banning the use of residential properties as vacation rentals.

Legislation in 2011 preempted the authority to regulate vacation rentals to the state. 31 The preemption
prevented local governments from enacting any new law, ordinance, or regulation that:
• Restricted the use of vacation rentals;
• Prohibited vacation rentals; or
• Regulated vacation rentals based solely on their classification, use, or occupancy.

The 2011 preemption also “grandfathered” any local law, ordinance, or regulation of vacation rentals
enacted on or prior to June 1, 2011. 32

Prior to the 2011 preemption, several municipalities had created regulations specifically relating to
vacation rentals. 33 As an example, one ordinance prohibited owners of single-family residences in
residential zones from renting their properties for durations of less than 30 days, although it
grandfathered certain vacation rentals that had already obtained all applicable state and local licenses
and permits. 34 Subsequent to the enactment of the 2011 legislation, the vacation rental market
experienced growth. 35

In 2014, the Legislature narrowed the scope of the preemption to preempt only those local regulations
that:
• Prohibit vacation rentals; or
• Regulate the duration or frequency of vacation rentals.

Thus, local governments can regulate vacation rentals to the extent those regulations do not prohibit
vacation rentals, or restrict the duration or frequency of vacation rentals. The grandfather provision for
regulations adopted on or before June 1, 2011, was retained. 36

This preemption does not apply to local regulations exclusively relating to “property valuation as a
criterion for vacation rental if the local regulation is required to be approved by the state land planning
agency pursuant to an area of critical state concern.” 37

In addition, the regulation of public lodging establishments and public food service establishments,
including, but not limited to, sanitation standards, inspections, training and testing of personnel, and
matters related to the nutritional content and marketing of foods offered in such establishments, is
preempted to the state. However, local governments or local enforcement districts are still allowed to
conduct inspections of public lodging and public food service establishments for compliance with the
Florida Building Code and the Florida Fire Prevention Code. 38

Recent Activity

31
Ch. 2011-119, Laws of Fla., codified in s. 509.032(7), F.S.
32
Id.
33
See City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also Monroe County Code, No. 004-1997 (2013); Bal
Harbour Village Code of Ordinances, s. 21-363.
34
City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also City of Venice v. Gwynn, 76 So. 3d 401, 403 (Fla. 2nd
DCA 2011).
35
Melissa Maynard, As Short-Terms Rentals Boom, Regulation an Issue, THE PEW CHARITABLE TRUST (June, 6, 2013),
http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2013/06/06/as-shortterms-rentals-boom-regulation-an-issue (last
visited Mar. 23, 2023).
36
Ch. 2014-71, Laws of Fla., codified in s. 509.032(7)(b), F.S.
37
S. 509.032(7)(c), F.S.
38
S. 509.032(7)(a), F.S.
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DATE: 3/25/2023
Homeowners found to be in conflict with ordinances regulating vacation rentals have taken legal action
against their respective local governments through the Bert J. Harris, Jr., Private Property Rights
Protection Act. 39 The act provides a cause of action for private property owners whose real property
has been inordinately burdened by a specific action of a governmental entity that may not rise to the
level of a “taking” under the State or Federal Constitutions. The inordinate burden can apply to either
an existing use of real property or a vested right to a specific use. 40

In November 2015, the City of Anna Maria passed and adopted an ordinance that provides a general
framework for the regulation of vacation rentals, including maximum occupancy requirements.
According to the city’s website, since April 2016, approximately 113 Bert Harris Act claims relating to
the ordinance have been filed that could amount to approximately $38 million in damages. 41

In March 2016, Miami Beach, which bans all short term rentals, passed an ordinance making the fine
for a first violation for a resident caught renting short-term $20,000. Each subsequent fine increases by
$20,000 and can be as high as $100,000. Vacation/short-term rentals that are permitted in certain
zoning districts of Miami Beach are required to provide and conspicuously display the city-issued
business tax receipt number and the resort tax certificate number in every advertisement or listing of
any type in connection with the rental of the residential property. 42

In June 2018, it was reported that Miami Beach had issued $12.1 million in fines, only $174,000 of
which had been paid. Some vacation rental owners were reported to have accumulated up to $60,000
in fines. 43 Since then, the Third District Court of Appeals invalidated the city’s fine structure after
determining the regulations conflict with state law that caps violation fines between $1,000 and
$5,000. 44 As a result, the city has left the regulations in place and simply revised the fine structure.
First-time offenders are fined $1,000 a day, and repeat offenders are fined $5,000 per day. According
to a memo from the City Attorney, the new fine structure complies with the ruling against Miami
Beach. 45

Condominiums, Cooperatives, and Homeowners’ Associations

A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., comprised of
units which may be owned by one or more persons but have an undivided share of access to common
elements. 46 A condominium is created by recording a declaration in the public records of the county in
which the condominium will be located. 47 A declaration governs the relationships among condominium
unit owners and the condominium association. All unit owners are members of the condominium
association. The condominium association is overseen by an elected board of directors, commonly
referred to as a “board of administration.” The association enacts condominium association bylaws
governing the administration of the association. The declaration as originally recorded or as amended
may include covenants and restrictions concerning the use, occupancy, and transfer of the units in the
association.

39
Kathy Prucnell, 2 more Holmes Beach Bert Harris claims proceed to courthouse, THE ISLANDER (Feb. 20, 2018),
https://www.islander.org/2018/02/2-more-holmes-beach-bert-harris-claims-proceed-to-courthouse/ (last visited Mar. 23, 2023).
40
S. 70.001, F.S.
41
CITY OF ANNA MARIA, Bert J. Harris, Jr., Private Property Rights Protection Act Claim Filings,
http://www.cityofannamaria.com/residents/bert_harris_claim.php (last visited Mar. 23, 2023).
42
See Miami Beach City Code, Sec. 142-1111 and 142-905(b).
43
Chabeli Herrera, Miami Beach has the country's highest short-term rental fines. It just got sued, MIAMI HERALD (June 28, 2018),
https://www.miamiherald.com/news/business/article213954174.html.
44
Francisco Alvarado, Miami-Dade judge strikes down Miami Beach short-term rental ban, TheRealDeal South Florida Real Estate
News (Oct. 8, 2019), https://therealdeal.com/miami/2019/10/08/miami-dade-judge-strikes-down-miami-beach-short-term-rental-ban/
(last visited Mar. 23, 2023).
45
Francisco Alvarado, Miami Beach slashes fines for illegal short-term rentals, TheRealDeal South Florida Real Estate News (Oct.
14, 2019), https://therealdeal.com/miami/2020/10/14/miami-beach-slashes-fines-for-illegal-short-term-rentals/ (last visited Mar. 23,
2023).
46
S. 718.103(11), F.S.
47
S. 718.104(2), F.S.
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DATE: 3/25/2023
A cooperative is a form of property ownership created pursuant to ch. 719, F.S., where real property is
owned by the cooperative association, and individual units are leased to the residents who own shares
in the cooperative association. 48 The lease payment amount is the pro-rata share of the operational
expenses of the cooperative. Cooperatives operate similarly to condominiums and the laws regulating
cooperatives are similar in many ways. A cooperative is created using “cooperative documents” which
include articles of incorporation of the association, bylaws, and the ground lease or other underlying
lease, if any. The documents may include restrictions, which affect the use of the property.

A homeowners’ association (HOA) is an association of residential property owners, created pursuant to
ch. 720, F.S., where voting membership consists of parcel owners, membership is a mandatory
condition of parcel ownership, and which may impose assessments that, if unpaid, can become a lien
on the parcel. 49 Chapter 720, F.S., only regulates HOAs whose covenants and restrictions include
mandatory assessments. Like a condominium or cooperative, an HOA is administered by an elected
board of directors. The powers and duties of an HOA includes those provided in ch. 720, F.S., and
contained in the governing documents of the association. The governing documents include the
recorded covenants and restrictions, bylaws, articles of incorporation, and duly adopted amendments to
those documents. The documents may include restrictive covenants governing the use and occupancy
of properties.

Based on these laws, condominium, cooperative, and homeowners’ associations may enact provisions
that restrict the ability of the property owners to rent their properties. 50 This includes actions such as
prohibiting owners from renting their properties, restricting the duration of the rental term, or limiting the
frequency owners are allowed to rent their properties.

Florida Sexual Predators Act

Current law requires all sexual offenders and sexual predators to comply with a number of statutory
registration requirements. A sexual offender must report in person to the sheriff’s office to register
within 48 hours of:
• Establishing permanent, temporary, or transient residence in Florida; or
• Being released from the custody, control, or supervision of the Department of Corrections
(DOC) or from the custody of a private correctional facility. 51

A sexual predator must register:
• With DOC if the sexual predator is in DOC’s custody or control, under DOC’s supervision, or in
the custody of a private correctional facility; 52
o If the sexual predator is under DOC’s supervision but not in custody, he or she must
register within 3 days of the court designating him or her as a sexual predator; 53
• With the custodian of the local jail, within 3 days of the court designating him or her as a sexual
predator, if the sexual predator is in the custody of a local jail; 54
• In person at the sheriff’s office in the county where:
o The sexual predator establishes or maintains a residence within 48 hours of establishing
or maintaining a residence in Florida; 55 or
o The sexual predator was designated a sexual predator within 48 hours after such finding
is made. 56

Residence

48
S. 719.103(2)(26), F.S.
49
S. 720.301(9), F.S.
50
Motley Fool, Can an HOA Restrict Rentals? (Spoiler Alert: Yes), https://www.fool.com/millionacres/real-estate-investing/rental-
properties/can-hoa-restrict-rentals-spoiler-alert-yes/# (last visited Jan. 21, 2022).
51
S. 943.0435(2)(a)1., F.S.
52
S. 775.21(6)(b), F.S.
53
Id.
54
S. 775.21(6)(c), F.S.
55
S. 775.21(6)(e)a., F.S.
56
S. 775.21(6)(2)b., F.S.
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Residence, for the purposes of registration for both sexual offenders and sexual predators, is defined
as follows:
• "Permanent residence" means a place where the person abides, lodges, or resides for 3 or
more consecutive days.
• "Temporary residence" means a place where the person abides, lodges, or resides, including,
but not limited to, vacation, business, or personal travel destination in or out of this state for a
period of 3 or more days in the aggregate during any calendar year and which is not the
person's permanent address. For a person whose permanent residence is not in this state, it
means a place where the person is employed, practices a vocation, or is enrolled as a student
for any period of time in this state.
• "Transient residence" means a county where a person lives, remains, or is located for a period
of 3 or more days in the aggregate during a calendar year and which is not the person's
permanent or temporary address. The term includes, but is not limited to, a place where the
person sleeps or seeks shelter and a location that has no specific street address. 57

Continuing Reporting Requirements

A sexual offender or sexual predator must report the following updates within 48 hours:
• Change in the offender’s permanent, temporary, or transient residence;
• Change in the offender’s name, by reason of marriage or other legal process;
• When the offender vacates a permanent, temporary, or transient residence, or when the
offender remains in a permanent, temporary, or transient residence after reporting his or her
intent to vacate such a residence;
• Use of a new electronic mail address or Internet identifier;
• Change in vehicles owned;
• Change to home or cellular telephone numbers;
• Change to employment information;
• Change in status related to enrollment, volunteering, or employment at institutions of higher
education; and
• International and out-of-state travel information. 58

Effect of the Bill

Preemptions

The bill adds to the scope of the state preemption of public lodging establishments and public food
service establishments, by also preempting “licensing.”

The bill revises the scope of the express state preemption on vacation rentals to allow local jurisdictions
to adopt local regulations:
• As long as the regulation is less restrictive; or
• To comply with local registration requirements.

The bill also preempts the regulation of advertising platforms to the state.

The bill maintains the exemption to the preemption that allows only local ordinances adopted on or
before June 1, 2011, to remain in effect. Additionally, the bill allows a local government to pass such
regulations after June 1, 2011, if they are less restrictive than what was in effect on June 1, 2011.

The bill maintains the exemption to the preemption for areas of critical state concern so that these
areas remain fully exempted from the preemption, and may have existing ordinances that were adopted
after June 1, 2011.

57
S. 775.21, F.S.
58
Ss. 943.0435(4)(e)2. & 775.21(6)(a)1.a., F.S.
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Local Vacation Rental Registration Program

The bill authorizes local laws, ordinances, or regulations to require the registration of vacation rentals
with a local vacation rental registration program.

The bill authorizes local governments to adopt such a program and impose a fine for failure to register
under the program. However, the bill requires a local government to waive the fine if the vacation rental
is registered under a vacation rental registration program within 30 days after receiving notice of the
fine and deficiency.

The bill allows local governments to charge a registration fee not to exceed $50 for processing an
individual registration application, or $100 for processing a collective registration application.

The bill prohibits a local law, ordinance, or regulation from requiring the renewal of a registration more
than once per year. However, if there is a change of ownership, the new owner may be required to
submit a new application for registration.

The bill provides that as a condition of registration, the local law, ordinance, or regulation may only
require the owner or operator of a vacation rental to:
• Submit identifying information about the owner or the owner's agents and the subject vacation
rental property.
• Obtain a license as a transient public lodging establishment issued by the Division within 60
days after local registration.
• Obtain all required tax registrations, receipts, or certificates issued by DOR, a county, or a
municipal government.
• Update required information on a continuing basis to ensure it is current.
• Comply with parking standards and solid waste handling and containment requirements, so long
as such standards and requirements are not imposed solely on vacation rentals.
• Designate and maintain at all times a responsible party who is capable of responding to
complaints and other immediate problems related to the vacation rental, including being
available by telephone at a listed phone number.
• Pay in full all recorded municipal or county code liens against the subject property.
o The local government may withdraw its acceptance of a registration on the basis of an
unsatisfied recorded municipal or county code lien.

The bill requires that within 15 business days after receiving an application for registration of a vacation
rental, the local government must review the application for completeness and accept the registration of
the vacation rental or issue a written notice specifying with particularity any areas that are deficient,
which may be provided by U.S. mail or electronically.

The bill provides that a vacation rental owner or operator and the local government may agree to a
reasonable request to extend the timeframes, particularly in the event of a force majeure or other
extraordinary circumstance.

The bill requires a local government that denies an application for registration of a vacation rental to
give written notice to the applicant as follows:
• The notice may be provided by United States mail or electronically.
• The notice must specify with particularity the factual reasons for the denial and include a citation
to the applicable portions of an ordinance, a rule, a statute, or other legal authority for the denial
of the registration.

The bill:
• Prohibits local governments from denying an applicant from reapplying if the applicant cures the
identified deficiencies.
• Provides that if the local government fails to accept or deny the registration within the
timeframes provided, the application is deemed accepted.

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• Provides that upon an accepted registration of a vacation rental, a local government must
assign a unique registration number to the vacation rental or other indicia of registration and
provide the registration number or other indicia of registration to the owner or operator of the
vacation rental in writing or electronically.
• Authorizes local governments to terminate or refuse to issue or renew a vacation rental
registration when:
o The operation of the subject premises violates a registration requirement authorized
pursuant to this paragraph or a local law, ordinance, or regulation that does not apply solely
to vacation rentals; or
o The premises and its owner are the subject of a final order or judgment lawfully directing the
termination of the premises' use as a vacation rental.

Vacation Rental Licenses

Effective January 1, 2024, the bill makes the following revisions to the license application process for
vacation rentals:
• Requires all applications for a vacation rental license to, if applicable, include the local
registration number or other proof of registration required by local law, ordinance, or regulation.
• Authorizes the Division upon receiving an application for a vacation rental license to grant a
temporary license that authorizes the vacation rental to begin operation while the application is
pending and to post the information required under s. 509.243(1)(c), F.S.
o The temporary license automatically expires upon final agency action regarding the
license application.
• Requires any license issued by the Division to be displayed conspicuously to the public inside
the licensed establishment, instead of “in the office or lobby.”
• Requires the owner or operator of a vacation rental offered for transient occupancy through an
advertising platform to display the vacation rental license number and the applicable local
registration number.

Advertising Platforms Definition

The bill defines the term “advertising platform” as a person as defined in s. 1.01, F.S., 59 who:
• Provides an online application, software, a website, or a system: through which a vacation
rental located in this state is advertised or held out to the public as available to rent for transient
occupancy;
• Provides or maintains a marketplace: for the renting of a vacation rental for transient
occupancy; and
• Provides a reservation or payment system: that facilitates a transaction for the renting of a
vacation rental for transient occupancy and for which the person collects or receives, directly or
indirectly, a fee in connection with the reservation or payment service provided for the rental
transaction.

Advertising Platform Requirements

Effective January 1, 2024, the bill provides that advertising platforms must:
• Require that a person who places an advertisement for the rental of a vacation rental to:
o Include in the advertisement the vacation rental license number and, if applicable, the
local registration number; and
o Attest to the best of the person's knowledge that the license number for the vacation
rental property and the local registration are current, valid, and accurately stated in the
advertisement.
• Display the vacation rental license number and, if applicable, the local registration number.
• By July 1, 2024, check that the vacation rental license number provided by the owner or
operator appears as current in the information posted by the division and applies to the subject

59
S. 1.01(3), F.S., defines the word “person” to include individuals, children, firms, associations, joint adventures, partnerships,
estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
STORAGE NAME: h0833.RRS PAGE: 11
DATE: 3/25/2023
vacation rental before publishing the advertisement on its platform and again on a quarterly
basis.
• Remove from public view an advertisement or listing from its online application, software,
website, or system within 15 business days after being notified by the Division in writing that the
subject advertisement or listing for the rental of a vacation rental located in this state fails to
display a valid license number issued by the Division.
• Adopt an anti-discrimination plan to help prevent discrimination, and inform its users of the
public lodging discrimination prohibition found in s. 509.092, F.S.

Advertising Platform Tax Requirements

The bill requires advertising platforms to collect and remit taxes due under certain provision of Florida’s
tax code resulting from the reservation and payment of a vacation rental property through an
advertising platform.

The bill requires advertising platforms to collect and remit taxes due under ss. 125.0104, 60 125.0108, 61
205.044, 62 212.03, 63 212.0305, 64 and 212.055, F.S., 65 resulting from the reservation of a vacation rental
property and payment therefor through an advertising platform.

The bill also includes the tax collection and remittance requirements for advertising platforms within ch.
212, F.S., and to:
• Provide that the taxes an advertising platform must collect and remit are based on the total
rental amount charged by the owner or operator for use of the vacation rental.
• Exclude service fees from the calculation of taxes remitted by an advertising platform to the
Department of Revenue (DOR), unless the advertising platform owns, is related to, operates, or
manages the vacation rental.
• Require the DOR and other jurisdictions to allow advertising platforms to register, collect, and
remit such taxes.

The bill provides that advertising platforms that comply with the requirements are deemed to be in
compliance. The bill also provides that it does not create and is not intended to create a private cause
of action against advertising platforms, and an advertising platform may not be held liable for any action
it takes voluntarily in good faith in relation to its users to comply with ch. 509, F.S., or the advertising
platform's terms of service.

Division Requirements

By July 1, 2024, the bill requires the Division to maintain vacation rental license information in a readily
accessible electronic format.

The bill provides enforcement processes for the Division to issue a cease and desist order for any
person who violates ch. 509, F.S., the chapter of law governing “lodging and food service
establishments.” The bill authorizes the Division to seek an injunction or a writ of mandamus to enforce
a cease and desist order. If the Division is required to seek enforcement of the notice for a penalty
pursuant to s. 120.69, F.S., it is entitled to collect its attorney fees and costs, together with any cost of
collection.

The bill:

60 Section 125.0104, F.S., relates to the local option tourist development tax.
61 Section 125.0108, F.S., relates to the tourist impact tax in areas within a county designated as an area of critical state

concern.
62 Section 205.044, F.S., relates to the merchant business tax measured by gross receipts.
63 Section 212.03, F.S., relates to the transient rentals tax.
64 Section 212.0305, F.S., relates to convention development taxes.
65 Section 212.055, F.S., relates to discretionary sales taxes.
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• Authorizes the Division to fine an advertising platform up to $1,000 per offense for violations of
its new requirements or of the rules of the Division.
• Authorizes the Division to regard as a separate offense each day or portion of a day in which an
advertising platform is operated in violation.
• Requires the Division to issue a written warning or notice and provide the advertising platform
15 days to cure such violation before commencing any legal proceeding.

The bill authorizes the Division to revoke, refuse to issue or renew, or suspend for a period of not more
than 30 days a vacation rental license when:
• The operation of the subject premises violates the terms of an applicable lease or property
restriction, including any property restriction adopted pursuant to chs. 718, 719, or 720, F.S., as
determined by a final order of a court of competent jurisdiction or a written decision by an
arbitrator authorized to arbitrate a dispute relating to the subject property and a lease or
property restriction;
• The owner or operator fails to provide proof of registration, if required by local law, ordinance, or
regulation;
• The registration of the vacation rental is terminated by a local government as provided in s.
509.032(7)(b)5., F.S.; or
• The premises and its owner are the subject of a final order or judgment lawfully directing the
termination of the premises' use as a vacation rental.

The bill authorizes the Division to suspend, for a period of not more than 30 days, a vacation rental
license when the owner or operator has been cited for two or more code violations related to the
vacation rental during a period of 90 days. The Division is required issue a written warning or notice
and provide an opportunity to cure a violation before commencing a legal proceeding.

Condominiums, Cooperatives, and Homeowners’ Associations

The bill specifies that the application of the provisions in the bill shall not supersede any current or
future declaration or declaration of condominium adopted pursuant to ch. 718, F.S., cooperative
documents adopted pursuant to ch. 719, F.S., or declaration or declaration of covenants adopted
pursuant to ch. 720, F.S.

Department of Revenue Rulemaking

The bill grants DOR emergency rulemaking authority to implement the changes made by the bill
relating to the collection of taxes, including establishing procedures to facilitate the remittance of taxes.
The emergency rules will be effective for 6 months after adoption and may be renewed while DOR
adopts permanent rules. The section of the bill authorizing the emergency rules will expire January 1,
2025.

Sexual Offenders and Predators

The bill amends s. 775.21, F.S., to require sexual offenders and sexual predators to register with the
local sheriff’s office if they stay in a vacation rental for 24 hours or more (currently set at stays of 3 days
or more).

Effective Date

The bill becomes effective upon becoming law, except for the provisions otherwise expressly provided
in the bill. The requirements for vacation rental owners or operators to display license and registration
information become effective January 1, 2024. The bill requires the Division to maintain vacation rental
license information in a readily accessible electronic format by July 1, 2024. The provisions governing
advertising platforms become effective January 1, 2024.

B. SECTION DIRECTORY:

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DATE: 3/25/2023
Section 1: Amends s. 212.03, F.S., relating to transient rentals tax collection and remittance by
advertising platforms.

Section 2: Amends s. 509.013, F.S., defining the term "advertising platform."

Section 3: Amends s. 509.032, F.S., revising preemption authority, making conforming changes.

Section 4: Amends s. 509.241, F.S., revising display of vacation rental license requirements.

Section 5: Creates s. 509.243, F.S., governing advertising platforms.

Section 6: Amends s. 509.261, F.S., relating to revocation or suspension of licenses, fines,
procedure.

Section 7: Amends s. 775.21, F.S., revising “The Florida Sexual Predators Act.”

Section 8: Amends s. 159.27, F.S., conforming a cross reference.

Section 9: Amends s. 212.08, F.S., conforming a cross reference.

Section 10: Amends s. 316.1955, F.S., conforming a cross reference.

Section 11 Amends s. 404.056, F.S., conforming a cross reference.

Section 12: Amends s. 477.0135, F.S., conforming a cross reference.

Section 13: Amends s. 509.221, F.S., conforming a cross reference.

Section 14: Amends s. 553.5041, F.S., conforming a cross reference.

Section 15: Amends s. 559.955 conforming a cross reference.

Section 16: Amends s. 705.17, F.S., conforming a cross reference.

Section 17: Amends s. 705.185, F.S., conforming a cross reference.

Section 18: Amends s. 705.1355, F.S., conforming a cross reference.

Section 19: Amends s. 877.24, F.S., conforming a cross reference.

Section 20: Creates an unnumbered section providing for applicability.

Section 21: Creates an unnumbered section authorizing DOR emergency rulemaking authority.

Section 22: Provides for effective dates.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
On March 3, 2023, the Revenue Estimating Conference (REC) adopted the middle estimate, which
shows a zero impact for the proposed language. 66

66
Revenue Estimating Conference, Revenue Impact Results, Mar. 3, 2023,
http://edr.state.fl.us/content/conferences/revenueimpact/archives/2023/_pdf/impact0303.pdf p. 50, (last visited Mar. 24,
2023).
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Indeterminate. The bill may result in an increase in licensing revenue to DBPR, but it is unknown
how many advertising platforms which are currently exempt from licensing would require licensure.
The bill may also result in an indeterminate increase in fines due to noncompliance.

2. Expenditures:
Indeterminate. There may be an increase in expenditures for DBPR and FDLE to implement the bill.

FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. The bill may create an increase in tourism taxes and revenue related to local
registration fees and fines.

2. Expenditures:
Indeterminate. According to FDLE, the bill: 67
• Requires sexual predators and offenders to register in person at the sheriff’s office in the
county of the vacation rental if they are lodging in the vacation rental for 24 hours or more.
This will lead to a substantial increase in the number of sexual predators and offenders
required to complete a registration in person at sheriffs’ offices throughout the state,
potentially requiring an increase in registration staff to accommodate the growth in
registrants who must appear in person to register.
• May also require increased hours of availability for the sheriffs’ offices to allow for the
substantially decreased time to establish a residency in a vacation rental. For example, at
least 14 sheriffs’ offices have three or more consecutive days where registration is
unavailable. Eight registration offices require appointments to register, and only four are
open for registration 24 hours a day. As written, the bill offers no monetary provisions for
sheriffs’ offices and may require that sheriffs’ offices seek additional funds from their own
local government to expand registration hours and hire additional registration staff.

B. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may provide a more predictable and uniform regulatory framework for vacation rentals in
Florida.

C. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

67
Florida Department of Law Enforcement, Agency Analysis of House Bill 833 (2023).
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DATE: 3/25/2023
B. RULE-MAKING AUTHORITY:
The bill provides emergency rulemaking authority for DOR to implement the bill’s provisions.

The Division will need to update its rules based on the provision that authorizes the Division to fine an
advertising platform. Current law appears to provide sufficient rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
FDLE has indicated concerns as follows: 68
• The amended language of “temporary residence” in s. 775.21(2)(n), FS, as it will have a
significant impact on the Florida Sexual Offender and Predator Registry and will certainly lead to
litigation challenging the statutes (and registry). The department recommends removing the
language amending the definition of “temporary residence.”
• Affords no direction, responsibilities, mechanisms or timelines regarding the distribution of such
“Vacation Rental registration information.” If the intent is to provide updated information on
sexual offenders and predators in vacation rentals immediately upon registration, this is not
attainable for persons coming into Florida that have not previously registered in the state (which
is expected to be a large proportion of registrations received under this bill). Registrants coming
to Florida from other states require research and information from out-of-state criminal justice
partners prior to their information being disseminated to the public. Those partners, such as
other state registries and clerks of court, are generally open on regular weekday business hours
and therefore may not provide the information required for the department to notify the public
that a registrant is in a vacation rental until they have already vacated it.
• Takes effect upon becoming law, which allows no time for any of the requisite technological
updates, notice and training to law enforcement partners or notice to offenders and predators
regarding the change to registration requirement. Such a circumstance will place registrants at
risk of a second or third-degree felony arrest for failure to register.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

68
Id. at 5 and 6.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 833 2023

1 A bill to be entitled
2 An act relating to vacation rentals; amending s.
3 212.03, F.S.; requiring advertising platforms to
4 collect and remit taxes for certain transactions;
5 reordering and amending s. 509.013, F.S.; defining the
6 term "advertising platform"; amending s. 509.032,
7 F.S.; revising the regulated activities of public
8 lodging establishments and public food service
9 establishments preempted to the state to include
10 licensing; revising an exemption to the prohibition
11 against certain local regulation of vacation rentals;
12 expanding the authority of local laws, ordinances, or
13 regulations to include requiring vacation rentals to
14 register with local vacation rental registration
15 programs; authorizing local governments to adopt
16 vacation rental registration programs and impose fines
17 for failure to register; authorizing local governments
18 to charge fees for processing registration
19 applications; specifying requirements, procedures, and
20 limitations for local vacation rental registration
21 programs; authorizing local governments to terminate
22 or refuse to issue or renew vacation rental
23 registrations under certain circumstances; preempting
24 the regulation of advertising platforms to the state;
25 conforming a cross-reference; amending s. 509.241,

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26 F.S.; requiring applications for vacation rental
27 licenses to include certain information; authorizing
28 the Division of Hotels and Restaurants of the
29 Department of Business and Professional Regulation to
30 issue temporary licenses upon receipt of vacation
31 rental license applications; providing for expiration
32 of temporary vacation rental licenses; requiring
33 licenses issued by the division to be displayed
34 conspicuously to the public inside the licensed
35 establishment; requiring the owner or operator of
36 certain vacation rentals to also display its vacation
37 rental license number and applicable local
38 registration number; creating s. 509.243, F.S.;
39 requiring advertising platforms to require that
40 persons placing advertisements for vacation rentals
41 include certain information in the advertisements and
42 attest to certain information; requiring advertising
43 platforms to display and check such information;
44 requiring the division to maintain certain information
45 in a readily accessible electronic format by a certain
46 date; requiring advertising platforms to remove an
47 advertisement or listing under certain conditions and
48 within a specified timeframe; requiring advertising
49 platforms to collect and remit taxes for certain
50 transactions; authorizing the division to issue and

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51 deliver a notice to cease and desist for certain
52 violations; providing that such notice does not
53 constitute agency action for which certain hearings
54 may be sought; authorizing the division to file
55 certain proceedings; authorizing the division to seek
56 certain remedies for the purpose of enforcing a cease
57 and desist notice; authorizing the division to collect
58 attorney fees and costs under certain circumstances;
59 authorizing the division to impose a fine on
60 advertising platforms for certain violations;
61 requiring the division to issue written warnings or
62 notices before commencing certain legal proceedings;
63 requiring advertising platforms to adopt an
64 antidiscrimination policy and to inform their users of
65 the policy's provisions; providing construction;
66 amending s. 509.261, F.S.; authorizing the division to
67 revoke, refuse to issue or renew, or suspend vacation
68 rental licenses under certain circumstances; amending
69 s. 775.21, F.S.; revising the definition of the term
70 "temporary residence"; amending ss. 159.27, 212.08,
71 316.1955, 404.056, 477.0135, 509.221, 553.5041,
72 559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.;
73 conforming cross-references to changes made by the
74 act; providing applicability; authorizing the
75 Department of Revenue to adopt emergency rules;

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76 providing requirements and an expiration for the
77 emergency rules; providing for the expiration of such
78 rulemaking authority; providing effective dates.
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Effective January 1, 2024, subsection (2) of
83 section 212.03, Florida Statutes, is amended to rea d:
84 212.03 Transient rentals tax; rate, procedure,
85 enforcement, exemptions.—
86 (2)(a) The tax provided for herein shall be in addition to
87 the total amount of the rental, shall be charged by the lessor
88 or person receiving the rent in and by said rental arrangement
89 to the lessee or person paying the rental, and shall be due and
90 payable at the time of the receipt of such rental payment by the
91 lessor or person, as defined in this chapter, who receives said
92 rental or payment. The owner, lessor, or person receiving the
93 rent shall remit the tax to the department at the times and in
94 the manner hereinafter provided for dealers to remit taxes under
95 this chapter. The same duties imposed by this chapter upon
96 dealers in tangible personal property respecting the collecti on
97 and remission of the tax; the making of returns; the keeping of
98 books, records, and accounts; and the compliance with the rules
99 and regulations of the department in the administration of this
100 chapter shall apply to and be binding upon all persons who

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101 manage or operate hotels, apartment houses, roominghouses,
102 tourist and trailer camps, and the rental of condominium units,
103 and to all persons who collect or receive such rents on behalf
104 of such owner or lessor taxable under this chapter.
105 (b) If a guest uses a payment system on or through an
106 advertising platform, as defined in s. 509.013, to pay for the
107 rental of a vacation rental located in this state, the
108 advertising platform shall collect and remit taxes as provided
109 in this paragraph.
110 1. An advertising platform, as defined in s. 509.013,
111 which owns, operates, or manages a vacation rental or which is
112 related within the meaning of ss. 267(b), 707(b), or 1504 of the
113 Internal Revenue Code of 1986 to a person who owns, operates, or
114 manages the vacation rental shall collect and remit all taxes
115 due under this section and ss. 125.0104, 125.0108, 205.044,
116 212.0305, and 212.055 which are related to the rental.
117 2. An advertising platform to which subparagraph 1. does
118 not apply shall collect and remit all taxes due from the owner,
119 operator, or manager under this section and ss. 125.0104,
120 125.0108, 205.044, 212.0305, and 212.055 which are related to
121 the rental. Of the total amount paid by the lessee or rentee,
122 the amount retained by the advertising platform for reservation
123 or payment service is not taxable under this section or ss.
124 125.0104, 125.0108, 205.044, 212.0305, and 212.055.
125

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126 In order to facilitate the remittance of such taxes, the
127 department and counties that have elected to self-administer the
128 taxes imposed under chapter 125 must allow advertising platforms
129 to register, collect, and remit such taxes.
130 Section 2. Section 509.013, Florida Statutes, is amended
131 to read:
132 509.013 Definitions.—As used in this chapter, the term:
133 (1) "Advertising platform" means a person as defined in s.
134 1.01 who:
135 (a) Provides an online application, software, a website,
136 or a system through which a vacation rental located in this
137 state is advertised or held out to the public as available to
138 rent for transient occupancy;
139 (b) Provides or maintains a marketplace for the renting of
140 a vacation rental for transient occupancy; and
141 (c) Provides a reservation or payment system that
142 facilitates a transaction for the renting of a vacation rental
143 for transient occupancy and for which the person collects or
144 receives, directly or indirectly, a fee in connection with the
145 reservation or payment service provided for the rental
146 transaction.
147 (2) "Director" means the Director of the Division of
148 Hotels and Restaurants of the Department of Business and
149 Professional Regulation.
150 (3)(1) "Division" means the Division of Hotels and

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151 Restaurants of the Department of Business and Professional
152 Regulation.
153 (2) "Operator" means the owner, licensee, proprietor,
154 lessee, manager, assistant manager, or appointed agent of a
155 public lodging establishment or public food service
156 establishment.
157 (4)(3) "Guest" means any patron, customer, tenant, lodger,
158 boarder, or occupant of a public lodging establishment or public
159 food service establishment.
160 (5) "Nontransient" means a guest in nontransient
161 occupancy.
162 (6) "Nontransient establishment" means any public lodging
163 establishment that is rented or leased to guests by an operator
164 whose intention is that the dwelling unit occupied will be the
165 sole residence of the guest.
166 (7) "Nontransient occupancy" means occupancy when it is
167 the intention of the parties that the occupancy will not be
168 temporary. There is a rebuttable presumption that, when the
169 dwelling unit occupied is the sole residence of the guest, the
170 occupancy is nontransient.
171 (8) "Operator" means the owner, licensee, proprietor,
172 lessee, manager, assistant manager, or appointed agent of a
173 public lodging establishment or public food service
174 establishment.
175 (4)(a) "Public lodging establishment" includes a transient

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176 public lodging establishment as defined in subparagraph 1. and a
177 nontransient public lodging establishment as defined in
178 subparagraph 2.
179 1. "Transient public lodging establishment" means any
180 unit, group of units, dwelling, building, or group of buildings
181 within a single complex of buildings which is rented to guests
182 more than three times in a calendar year for periods of less
183 than 30 days or 1 calendar month, whichever is less, or which is
184 advertised or held out to the public as a place regularly re nted
185 to guests.
186 2. "Nontransient public lodging establishment" means any
187 unit, group of units, dwelling, building, or group of buildings
188 within a single complex of buildings which is rented to guests
189 for periods of at least 30 days or 1 calendar month, whichever
190 is less, or which is advertised or held out to the public as a
191 place regularly rented to guests for periods of at least 30 days
192 or 1 calendar month. License classifications of public lodging
193 establishments, and the definitions therefor, are set ou t in s.
194 509.242. For the purpose of licensure, the term does not include
195 condominium common elements as defined in s. 718.103.
196 (b) The following are excluded from the definitions in
197 paragraph (a):
198 1. Any dormitory or other living or sleeping facility
199 maintained by a public or private school, college, or university
200 for the use of students, faculty, or visitors.

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201 2. Any facility certified or licensed and regulated by the
202 Agency for Health Care Administration or the Department of
203 Children and Families or other similar place regulated under s.
204 381.0072.
205 3. Any place renting four rental units or less, unless the
206 rental units are advertised or held out to the public to be
207 places that are regularly rented to transients.
208 4. Any unit or group of units in a condominium,
209 cooperative, or timeshare plan and any individually or
210 collectively owned one-family, two-family, three-family, or
211 four-family dwelling house or dwelling unit that is rented for
212 periods of at least 30 days or 1 calendar month, whichever is
213 less, and that is not advertised or held out to the public as a
214 place regularly rented for periods of less than 1 calendar
215 month, provided that no more than four rental units within a
216 single complex of buildings are available for rent.
217 5. Any migrant labor camp or residential migrant housing
218 permitted by the Department of Health under ss. 381.008 -
219 381.00895.
220 6. Any establishment inspected by the Department of Health
221 and regulated by chapter 513.
222 7. Any nonprofit organization that operates a facility
223 providing housing only to patients, patients' families, and
224 patients' caregivers and not to the general public.
225 8. Any apartment building inspected by the United States

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226 Department of Housing and Urban Development or other entity
227 acting on the department's behalf that is designated primarily
228 as housing for persons at least 62 years of age. The division
229 may require the operator of the apartment building to attest in
230 writing that such building meets the criteria provided in this
231 subparagraph. The division may adopt rules to implement this
232 requirement.
233 9. Any roominghouse, boardinghouse, or other living or
234 sleeping facility that may not be classified as a hotel, motel,
235 timeshare project, vacation rental, nontransient apartment, bed
236 and breakfast inn, or transient apartment under s. 509.242.
237 (9)(a)(5)(a) "Public food service establishment" means any
238 building, vehicle, place, or structure, or any room or division
239 in a building, vehicle, place, or structure where food is
240 prepared, served, or sold for immediate consumption on or in the
241 vicinity of the premises; called for or taken out by customers;
242 or prepared before prior to being delivered to another location
243 for consumption. The term includes a culinary education program,
244 as defined in s. 381.0072(2), which offers, prepares, serves, or
245 sells food to the general public, regardless of whether it is
246 inspected by another state agency for compliance with sanitation
247 standards.
248 (b) The following are excluded from the definition in
249 paragraph (a):
250 1. Any place maintained and operated by a public or

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251 private school, college, or university:
252 a. For the use of students and faculty; or
253 b. Temporarily to serve such events as fairs, carnivals,
254 food contests, cook-offs, and athletic contests.
255 2. Any eating place maintained and operated by a church or
256 a religious, nonprofit fraternal, or nonprofit civic
257 organization:
258 a. For the use of members and associates; or
259 b. Temporarily to serve such events as fairs, carnivals,
260 food contests, cook-offs, or athletic contests.
261
262 Upon request by the division, a church or a religious, nonprofit
263 fraternal, or nonprofit civic organization claiming an exclusion
264 under this subparagraph must provide the division documentation
265 of its status as a church or a religious, nonprofit fraternal,
266 or nonprofit civic organization.
267 3. Any eating place maintained and operated by an
268 individual or entity at a food contest, cook-off, or a temporary
269 event lasting from 1 to 3 days which is hosted by a church or a
270 religious, nonprofit fraternal, or nonprofit civic organization.
271 Upon request by the division, the event host must provide the
272 division documentation of its status as a church or a religious,
273 nonprofit fraternal, or nonprofit civic organization.
274 4. Any eating place located on an airplane, train, bus , or
275 watercraft that which is a common carrier.

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276 5. Any eating place maintained by a facility certified or
277 licensed and regulated by the Agency for Health Care
278 Administration or the Department of Children and Families or
279 other similar place that is regulated under s. 381.0072.
280 6. Any place of business issued a permit or inspected by
281 the Department of Agriculture and Consumer Services under s.
282 500.12.
283 7. Any place of business where the food available for
284 consumption is limited to ice, beverages with or without
285 garnishment, popcorn, or prepackaged items sold without
286 additions or preparation.
287 8. Any theater, if the primary use is as a theater and if
288 patron service is limited to food items customarily served to
289 the admittees of theaters.
290 9. Any vending machine that dispenses any food or
291 beverages other than potentially hazardous foods, as defined by
292 division rule.
293 10. Any vending machine that dispenses potentially
294 hazardous food and which is located in a facility regulated
295 under s. 381.0072.
296 11. Any research and development test kitchen limited to
297 the use of employees and which is not open to the general
298 public.
299 (6) "Director" means the Director of the Division of
300 Hotels and Restaurants of the Department of Business and

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301 Professional Regulation.
302 (10)(a) "Public lodging establishment" includes a
303 transient public lodging establishment as defined in
304 subparagraph 1. and a nontransient public lodging establishment
305 as defined in subparagraph 2.
306 1. "Transient public lodging establishment" means any
307 unit, group of units, dwelling, building, or group of buildings
308 within a single complex of buildings which is rented to guests
309 more than three times in a calendar year for periods of less
310 than 30 days or 1 calendar month, whichever is less, or which is
311 advertised or held out to the public as a place regularly rented
312 to guests.
313 2. "Nontransient public lodging establishment" means any
314 unit, group of units, dwelling, building, or group of buildings
315 within a single complex of buildings which is rented to guests
316 for periods of at least 30 days or 1 calendar month, whichever
317 is less, or which is advertised or held out to the public as a
318 place regularly rented to guests for periods of at least 30 days
319 or 1 calendar month.
320
321 License classifications of public lodging establishments, and
322 the definitions therefor, are set out in s. 509.242. For the
323 purpose of licensure, the term does not include condominium
324 common elements as defined in s. 718.103.
325 (b) The following are excluded from the definitions in

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326 paragraph (a):
327 1. Any dormitory or other living or sleeping facility
328 maintained by a public or private school, college, or university
329 for the use of students, faculty, or visitors.
330 2. Any facility certified or licensed and regulated by the
331 Agency for Health Care Administration or the Department of
332 Children and Families or other similar place regulated under s.
333 381.0072.
334 3. Any place renting four rental units or less, unless the
335 rental units are advertised or held out to the public to be
336 places that are regularly rented to transients.
337 4. Any unit or group of units in a condominium,
338 cooperative, or timeshare plan and any individually or
339 collectively owned one-family, two-family, three-family, or
340 four-family dwelling house or dwelling unit that is rented for
341 periods of at least 30 days or 1 calendar month, whichever is
342 less, and that is not advertised or held out to the public as a
343 place regularly rented for periods of less than 1 calendar
344 month, provided that no more than four rental units within a
345 single complex of buildings are available for rent.
346 5. Any migrant labor camp or residential migrant housing
347 permitted by the Department of Health under ss. 381.008 -
348 381.00895.
349 6. Any establishment inspected by the Department of Health
350 and regulated by chapter 513.

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351 7. Any nonprofit organization that operates a facility
352 providing housing only to patients, patients' families, and
353 patients' caregivers and not to the general public.
354 8. Any apartment building inspected by the United States
355 Department of Housing and Urban Development or other entity
356 acting on the department's behalf that is designated primarily
357 as housing for persons at least 62 years of age. The division
358 may require the operator of the apartment building to attest in
359 writing that such building meets the criteria provided in this
360 subparagraph. The division may adopt rules to implement this
361 requirement.
362 9. Any roominghouse, boardinghouse, or other living or
363 sleeping facility that may not be classified as a hotel, motel,
364 timeshare project, vacation rental, nontransient apartment, bed
365 and breakfast inn, or transient apartment under s. 509.242.
366 (11)(7) "Single complex of buildings" means all buildings
367 or structures that are owned, managed, controlled, or operated
368 under one business name and are situated on the same tract or
369 plot of land that is not separated by a public street or
370 highway.
371 (12)(8) "Temporary food service event" means any event of
372 30 days or less in duration where food is prepared, served, or
373 sold to the general public.
374 (13)(9) "Theme park or entertainment complex" means a
375 complex comprised of at least 25 contiguous acres owned and

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376 controlled by the same business entity and which contains
377 permanent exhibitions and a variety of recreational activities
378 and has a minimum of 1 million visitors annually.
379 (14)(10) "Third-party provider" means, for purposes of s.
380 509.049, any provider of an approved food safety training
381 program that provides training or such a training program to a
382 public food service establishment that is not under common
383 ownership or control with the provider.
384 (15) "Transient" means a guest in transient occupancy.
385 (16)(11) "Transient establishment" means any public
386 lodging establishment that is rented or leased to guests by an
387 operator whose intention is that such guests' occupancy will be
388 temporary.
389 (17)(12) "Transient occupancy" means occupancy when it is
390 the intention of the parties that the occupancy will be
391 temporary. There is a rebuttable presumption that, when the
392 dwelling unit occupied is not the sole residence of the guest,
393 the occupancy is transient.
394 (13) "Transient" means a guest in transient occupancy.
395 (14) "Nontransient establishment" means any public lodging
396 establishment that is rented or leased to guests by an operator
397 whose intention is that the dwelling unit occupied will be the
398 sole residence of the guest.
399 (15) "Nontransient occupancy" means occupancy when it is
400 the intention of the parties that the occupancy will not be

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401 temporary. There is a rebuttable presumption that, when the
402 dwelling unit occupied is the sole residence of the guest, the
403 occupancy is nontransient.
404 (16) "Nontransient" means a guest in nontransient
405 occupancy.
406 Section 3. Paragraph (c) of subsection (3) and paragraphs
407 (a) and (b) of subsection (7) of section 509.032, Florida
408 Statutes, are amended, and paragraph (d) is added to subsection
409 (7) of that section, to read:
410 509.032 Duties.—
411 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
412 SERVICE EVENTS.—The division shall:
413 (c) Administer a public notification process for temporary
414 food service events and distribute educational materials that
415 address safe food storage, preparation, and service procedures.
416 1. Sponsors of temporary food service events shall notify
417 the division not less than 3 days before the schedule d event of
418 the type of food service proposed, the time and location of the
419 event, a complete list of food service vendors participating in
420 the event, the number of individual food service facilities each
421 vendor will operate at the event, and the identification number
422 of each food service vendor's current license as a public food
423 service establishment or temporary food service event licensee.
424 Notification may be completed orally, by telephone, in person,
425 or in writing. A public food service establishment or food

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426 service vendor may not use this notification process to
427 circumvent the license requirements of this chapter.
428 2. The division shall keep a record of all notifications
429 received for proposed temporary food service events and shall
430 provide appropriate educational materials to the event sponsors
431 and notify the event sponsors of the availability of the food -
432 recovery brochure developed under s. 595.420.
433 3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a
434 public food service establishment or other food service vendor
435 must obtain one of the following classes of license from the
436 division: an individual license, for a fee of no more than $105,
437 for each temporary food service event in which it participates;
438 or an annual license, for a fee of no more than $1,000, that
439 entitles the licensee to participate in an unlimited number of
440 food service events during the license period. The division
441 shall establish license fees, by rule, and may limit the number
442 of food service facilities a licensee may operate at a
443 particular temporary food service event under a single license.
444 b. Public food service establishments holding current
445 licenses from the division may operate under the regulations of
446 such a license at temporary food service events.
447 (7) PREEMPTION AUTHORITY.—
448 (a) The regulation of public lodging establishments and
449 public food service establishments, including, but not limited
450 to, sanitation standards, licensing, inspections, training and

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451 testing of personnel, and matters related to the nutritional
452 content and marketing of foods offered in such establishments,
453 is preempted to the state. This paragraph does not preempt the
454 authority of a local government or local enforcement district to
455 conduct inspections of public lodging and public food service
456 establishments for compliance with the Florida Building Code and
457 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
458 633.206.
459 (b)1. A local law, ordinance, or regulation may not
460 prohibit vacation rentals or regulate the duration or frequency
461 of rental of vacation rentals. This paragraph does not apply to
462 any local law, ordinance, or regulation adopted on or before
463 June 1, 2011, including when such law, ordinance, or regulation
464 is amended to be less restrictive or to comply with the local
465 registration requirements provided in this paragraph, or when a
466 law, ordinance, or regulation adopted after June 1, 2011,
467 regulates vacation rentals, if such law, ordinance, or
468 regulation is less restrictive than a law, ordinance, or
469 regulation that was in effect on June 1, 2011. Notwithstanding
470 paragraph (a), a local law, ordinance, or regulation may require
471 the registration of vacation rentals with a local vacation
472 rental registration program. Local governments may adopt a
473 vacation rental registration program pursuant to subparagraph 3.
474 and impose a fine for failure to register under the vacation
475 rental registration program.

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476 2. Local governments may charge a fee of no more than $50
477 for processing an individual registration application or $100
478 for processing a collective registration application. A local
479 law, ordinance, or regulation may not require renewal of a
480 registration more than once per year. However, if there is a
481 change of ownership, the new owner may be required to submit a
482 new application for registration.
483 3. As a condition of registration, the local law,
484 ordinance, or regulation may only require the owner or operator
485 of a vacation rental to:
486 a. Submit identifying information about the owner or the
487 owner's agents and the subject vacation rental property.
488 b. Obtain a license as a transient public lodging
489 establishment issued by the division within 60 days after local
490 registration.
491 c. Obtain all required tax registrations, receipts, or
492 certificates issued by the Department of Revenue, a county, or a
493 municipal government.
494 d. Update required information on a continuing basis to
495 ensure it is current.
496 e. Comply with parking standards and solid waste handling
497 and containment requirements, so long as such standards and
498 requirements are not imposed solely on vacation rentals.
499 f. Designate and maintain at all times a responsible party
500 who is capable of responding to complaints and other immediate

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501 problems related to the vacation rental, including being
502 available by telephone at a listed phone number.
503 g. Pay in full all recorded municipal or county code liens
504 against the subject property. The local government may withdraw
505 its acceptance of a registration on the basis of an unsatisfied
506 recorded municipal or county code lien.
507 4.a. Within 15 business days after receiving an
508 application for registration of a vacation rental, the local
509 government must review the application for completeness and
510 accept the registration of the vacation rental or issue a
511 written notice specifying with particularity any areas that are
512 deficient. Such notice may be provided by United States mail or
513 electronically.
514 b. The vacation rental owner or operator and the local
515 government may agree to a reasonable request to extend the
516 timeframes provided in this subparagraph, particularly in the
517 event of a force majeure or other extraordinary circumstance.
518 c. When a local government denies an application for
519 registration of a vacation rental, the local government must
520 give written notice to the applicant. Such notice may be
521 provided by United States mail or electronically. The notice
522 must specify with particularity the factual reasons for the
523 denial and include a citation to the applicable portions of an
524 ordinance, a rule, a statute, or other legal authority for the
525 denial of the registration. A local government may not deny any

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526 applicant from reapplying if the applicant cures the identified
527 deficiencies.
528 d. If the local government fails to accept or deny the
529 registration within the timeframes provided in this
530 subparagraph, the application is deemed accepted.
531 e. Upon an accepted registration of a vacation rental, a
532 local government shall assign a unique registration number to
533 the vacation rental or other indicia of registration and provide
534 the registration number or other indicia of registrat ion to the
535 owner or operator of the vacation rental in writing or
536 electronically.
537 5. The local government may terminate or refuse to issue
538 or renew a vacation rental registration when:
539 a. The operation of the subject premises violates a
540 registration requirement authorized pursuant to this paragraph
541 or a local law, ordinance, or regulation that does not apply
542 solely to vacation rentals; or
543 b. The premises and its owner are the subject of a final
544 order or judgment lawfully directing the termination of the
545 premises' use as a vacation rental.
546 (d) The regulation of advertising platforms is preempted
547 to the state as provided in this chapter.
548 Section 4. Effective January 1, 2024, subsections (2) and
549 (3) of section 509.241, Florida Statutes, are amended to read:
550 509.241 Licenses required; exceptions.—

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551 (2) APPLICATION FOR LICENSE.—Each person who plans to open
552 a public lodging establishment or a public food service
553 establishment shall apply for and receive a license from the
554 division before prior to the commencement of operation. A
555 condominium association, as defined in s. 718.103, which does
556 not own any units classified as vacation rentals or timeshare
557 projects under s. 509.242(1)(c) or (g) is not required to apply
558 for or receive a public lodging establishment license. All
559 applications for a vacation rental license must, if applicable,
560 include the local registration number or other proof of
561 registration required by local law, ordinance, or regulation.
562 Upon receiving an application for a vacation rental license, the
563 division may grant a temporary license that authorizes the
564 vacation rental to begin operation while the application is
565 pending and to post the information required under s.
566 509.243(1)(c). The temporary license automatically expires upon
567 final agency action regarding the license application.
568 (3) DISPLAY OF LICENSE.—Any license issued by the division
569 must shall be conspicuously displayed to the public inside in
570 the office or lobby of the licensed establishment. Public food
571 service establishments that which offer catering services must
572 shall display their license number on all advertising for
573 catering services. The owner or operator of a vacation rental
574 offered for transient occupancy through an advertising platform
575 must also display the vacation rental license number and, if

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576 applicable, the local registration number.
577 Section 5. Effective January 1, 2024, section 509.243,
578 Florida Statutes, is created to read:
579 509.243 Advertising platforms.—
580 (1)(a) An advertising platform must require that a person
581 who places an advertisement for the rental of a vacation rental:
582 1. Include in the advertisement the vacation rental
583 license number and, if applicable, the local registration
584 number; and
585 2. Attest to the best of the person's knowledge that the
586 license number for the vacation rental property and the local
587 registration are current, valid, and accurately stated in the
588 advertisement.
589 (b) An advertising platform must display the vacation
590 rental license number and, if applicable, the local registra tion
591 number. Effective July 1, 2024, the advertising platform must
592 check that the vacation rental license number provided by the
593 owner or operator appears as current in the information posted
594 by the division pursuant to paragraph (c) and applies to the
595 subject vacation rental before publishing the advertisement on
596 its platform and again at the end of each calendar quarter that
597 the advertisement remains on its platform.
598 (c) By July 1, 2024, the division shall maintain vacation
599 rental license information in a readily accessible electronic
600 format that is sufficient to facilitate prompt compliance with

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601 the requirements of this subsection by an advertising platform
602 or a person placing an advertisement on an advertising platform
603 for transient rental of a vacation rental.
604 (2) An advertising platform must remove from public view
605 an advertisement or a listing from its online application,
606 software, website, or system within 15 business days after being
607 notified by the division in writing that the subject
608 advertisement or listing for the rental of a vacation rental
609 located in this state fails to display a valid license number
610 issued by the division.
611 (3) If a guest uses a payment system on or through an
612 advertising platform to pay for the rental of a vacation rental
613 located in this state, the advertising platform must collect and
614 remit all taxes due under ss. 125.0104, 125.0108, 205.044,
615 212.03, 212.0305, and 212.055 related to the rental as provided
616 in s. 212.03(2)(b).
617 (4) If the division has probable cause to believe that a
618 person not licensed by the division has violated this chapter or
619 any rule adopted pursuant thereto, the division may issue and
620 deliver to such person a notice to cease and desist from the
621 violation. The issuance of a notice to cease and desist does not
622 constitute agency action for which a hearing under s. 120.569 or
623 s. 120.57 may be sought. For the purpose of enforcing a cease
624 and desist notice, the division may file a proceeding in the
625 name of the state seeking the issuance of an injunction or a

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626 writ of mandamus against any person who violates any provision
627 of the notice. If the division is required to seek enforcement
628 of the notice for a penalty pursuant to s. 120.69, it is
629 entitled to collect attorney fees and costs, together with any
630 cost of collection.
631 (5) The division may fine an advertising platform an
632 amount not to exceed $1,000 per offense for violations of this
633 section or of the rules of the division. For the purposes of
634 this subsection, the division may regard as a separate offense
635 each day or portion of a day in which an advertising platform is
636 operated in violation of this section or rules of the division.
637 The division shall issue a written warning or notice and provide
638 the advertising platform 15 days to cure a violation before
639 commencing any legal proceeding under subsection (4).
640 (6) Advertising platforms shall adopt an
641 antidiscrimination policy to help prevent discrimination among
642 their users and shall inform all users of their services that it
643 is illegal to refuse accommodation to an individual based on
644 race, creed, color, sex, pregnancy, physical disability, or
645 national origin pursuant to s. 509.092.
646 (7) Advertising platforms that comply with the
647 requirements of this section are deemed to be in compliance with
648 the requirements of this chapter. This section does not create
649 and is not intended to create a private cause of action against
650 advertising platforms. An advertising platform may not be held

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651 liable for any action it takes voluntarily in good faith in
652 relation to its users to comply with this chapter or the
653 advertising platform's terms of service.
654 Section 6. Subsections (10) and (11) are added to section
655 509.261, Florida Statutes, to read:
656 509.261 Revocation or suspension of licenses; fines;
657 procedure.—
658 (10) The division may revoke, refuse to issue or renew, or
659 suspend for a period of not more than 30 days a vacation rental
660 license when:
661 (a) The operation of the subject premises violates the
662 terms of an applicable lease or property restriction, including
663 any property restriction adopted pursuant to chapter 718,
664 chapter 719, or chapter 720, as determined by a final order of a
665 court of competent jurisdiction or a written decision by an
666 arbitrator authorized to arbitrate a dispute relating to the
667 subject property and a lease or property restriction;
668 (b) The owner or operator fails to provide proof of
669 registration, if required by local law, ordinance, or
670 regulation;
671 (c) The registration of the vacation rental is terminated
672 by a local government as provided in s. 509.032(7)(b)5.; or
673 (d) The premises and its owner are the subject of a final
674 order or judgment lawfully directing the termination of the
675 premises' use as a vacation rental.

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676 (11) The division may suspend, for a period of not more
677 than 30 days, a vacation rental license when the owner or
678 operator has been found by the code enforcement board, pursuant
679 to s. 162.06, to have two or more code violations related to the
680 vacation rental during a period of 90 days. The division shall
681 issue a written warning or notice and provide an opportunity to
682 cure a violation before commencing any legal proceeding under
683 this subsection.
684 Section 7. Paragraph (n) of subsection (2) of section
685 775.21, Florida Statutes, is amended to read:
686 775.21 The Florida Sexual Predators Act.—
687 (2) DEFINITIONS.—As used in this section, the term:
688 (n) "Temporary residence" means a place where the person
689 abides, lodges, or resides, including, but not limited to,
690 vacation, business, or personal travel destinations in or out of
691 this state, for a period of 3 or more days in the aggregate
692 during any calendar year and which is not the person's permanent
693 address or, for a person whose permanent residence is not in
694 this state, a place where the person is employed, practices a
695 vocation, or is enrolled as a student for any period of time in
696 this state. The term also includes a vacation rental, as defined
697 in s. 509.242(1)(c), where a person lodges for 24 hours or more.
698 Section 8. Subsection (12) of section 159.27, Florida
699 Statutes, is amended to read:
700 159.27 Definitions.—The following words and terms, unless

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701 the context clearly indicates a different meaning, shall have
702 the following meanings:
703 (12) "Public lodging or restaurant facility" means
704 property used for any public lodging establishment as defined in
705 s. 509.242 or public food service establishment as defined in s.
706 509.013 s. 509.013(5) if it is part of the complex of, or
707 necessary to, another facility qualifying under this part.
708 Section 9. Paragraph (jj) of subsection (7) of section
709 212.08, Florida Statutes, is amended to read:
710 212.08 Sales, rental, use, consumption, distribution, and
711 storage tax; specified exemptions.—The sale at retail, the
712 rental, the use, the consumption, the distribution, and the
713 storage to be used or consumed in this state of the following
714 are hereby specifically exempt from the tax imposed by this
715 chapter.
716 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
717 entity by this chapter do not inure to any transaction that is
718 otherwise taxable under this chapter when payment is made by a
719 representative or employee of the entity by any means,
720 including, but not limited to, cash, check, or credit card, even
721 when that representative or employee is subsequently reimbursed
722 by the entity. In addition, exemptions provided to any entity by
723 this subsection do not inure to any transaction that is
724 otherwise taxable under this chapter unless the entity has
725 obtained a sales tax exemption certificate from the department

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726 or the entity obtains or provides other documentation as
727 required by the department. Eligible purchases or leases made
728 with such a certificate must be in strict compliance with this
729 subsection and departmental rules, and any person who makes an
730 exempt purchase with a certificate that is not in strict
731 compliance with this subsection and the rules is liable for and
732 shall pay the tax. The department may adopt rules to administer
733 this subsection.
734 (jj) Complimentary meals.—Also exempt from the tax imposed
735 by this chapter are food or drinks that are furnished as part of
736 a packaged room rate by any person offering for rent or lease
737 any transient living accommodations as described in s. 509.013
738 s. 509.013(4)(a) which are licensed under part I of chapter 509
739 and which are subject to the tax under s. 212.03, if a separate
740 charge or specific amount for the food or drinks is not shown.
741 Such food or drinks are considered to be sold at retail as part
742 of the total charge for the transient living accommodations.
743 Moreover, the person offering the accommodations is not
744 considered to be the consumer of items purchased in furnishing
745 such food or drinks and may purchase those items under
746 conditions of a sale for resale.
747 Section 10. Paragraph (b) of subsection (4) of section
748 316.1955, Florida Statutes, is amended to read:
749 316.1955 Enforcement of parking requirements for persons
750 who have disabilities.—

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751 (4)
752 (b) Notwithstanding paragraph (a), a theme park or an
753 entertainment complex as defined in s. 509.013 s. 509.013(9)
754 which provides parking in designated areas for persons who have
755 disabilities may allow any vehicle that is transporting a person
756 who has a disability to remain parked in a space reserved for
757 persons who have disabilities throughout the period the theme
758 park is open to the public for that day.
759 Section 11. Subsection (5) of section 404.056, Florida
760 Statutes, is amended to read:
761 404.056 Environmental radiation standards and projects;
762 certification of persons performing measurement or mitigation
763 services; mandatory testing; notification on real estate
764 documents; rules.—
765 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
766 shall be provided on at least one document, form, or application
767 executed at the time of, or before prior to, contract for sale
768 and purchase of any building or execution of a rental agreement
769 for any building. Such notification must shall contain the
770 following language:
771
772 "RADON GAS: Radon is a naturally occurring radioactive gas
773 that, when it has accumulated in a building in sufficient
774 quantities, may present health risks to persons who are exposed
775 to it over time. Levels of radon that exceed federal and state

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776 guidelines have been found in buildings in Florida. Additional
777 information regarding radon and radon testing may be obtained
778 from your county health department."
779
780 The requirements of this subsection do not apply to any
781 residential transient occupancy, as described in s. 509.013 s.
782 509.013(12), provided that such occupancy is 45 days or less in
783 duration.
784 Section 12. Subsection (6) of section 477.0135, Florida
785 Statutes, is amended to read:
786 477.0135 Exemptions.—
787 (6) A license is not required of any individual providing
788 makeup or special effects services in a theme park or
789 entertainment complex to an actor, stunt person, musician,
790 extra, or other talent, or providing makeup or special effects
791 services to the general public. The term "theme park or
792 entertainment complex" has the same meaning as in s. 509.013 s.
793 509.013(9).
794 Section 13. Paragraph (b) of subsection (2) of section
795 509.221, Florida Statutes, is amended to read:
796 509.221 Sanitary regulations.—
797 (2)
798 (b) Within a theme park or entertainment complex as
799 defined in s. 509.013 s. 509.013(9), the bathrooms are not
800 required to be in the same building as the public food service

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801 establishment, so long as they are reasonably accessible.
802 Section 14. Paragraph (b) of subsection (5) of section
803 553.5041, Florida Statutes, is amended to read:
804 553.5041 Parking spaces for persons who have
805 disabilities.—
806 (5) Accessible perpendicular and diagonal accessible
807 parking spaces and loading zones must be designed and l ocated to
808 conform to ss. 502 and 503 of the standards.
809 (b) If there are multiple entrances or multiple retail
810 stores, the parking spaces must be dispersed to provide parking
811 at the nearest accessible entrance. If a theme park or an
812 entertainment complex as defined in s. 509.013 s. 509.013(9)
813 provides parking in several lots or areas from which access to
814 the theme park or entertainment complex is provided, a single
815 lot or area may be designated for parking by persons who have
816 disabilities, if the lot or area is located on the shortest
817 accessible route to an accessible entrance to the theme park or
818 entertainment complex or to transportation to such an accessible
819 entrance.
820 Section 15. Paragraph (b) of subsection (5) of section
821 559.955, Florida Statutes, is amended to read:
822 559.955 Home-based businesses; local government
823 restrictions.—
824 (5) The application of this section does not supersede:
825 (b) Local laws, ordinances, or regulations related to

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826 transient public lodging establishments, as defined in s.
827 509.013 s. 509.013(4)(a)1., that are not otherwise preempted
828 under chapter 509.
829 Section 16. Subsection (2) of section 705.17, Florida
830 Statutes, is amended to read:
831 705.17 Exceptions.—
832 (2) Sections 705.1015-705.106 do not apply to any personal
833 property lost or abandoned on premises located within a theme
834 park or entertainment complex, as defined in s. 509.013 s.
835 509.013(9), or operated as a zoo, a museum, or an aquarium, or
836 on the premises of a public food service establishment or a
837 public lodging establishment licensed under part I of chapter
838 509, if the owner or operator of such premises elects to comply
839 with s. 705.185.
840 Section 17. Section 705.185, Florida Statutes, is amended
841 to read:
842 705.185 Disposal of personal property lost or abandoned o n
843 the premises of certain facilities.—When any lost or abandoned
844 personal property is found on premises located within a theme
845 park or entertainment complex, as defined in s. 509.013 s.
846 509.013(9), or operated as a zoo, a museum, or an aquarium, or
847 on the premises of a public food service establishment or a
848 public lodging establishment licensed under part I of chapter
849 509, if the owner or operator of such premises elects to comply
850 with this section, any lost or abandoned property must be

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851 delivered to such owner or operator, who must take charge of the
852 property and make a record of the date such property was found.
853 If the property is not claimed by its owner within 30 days after
854 it is found, or a longer period of time as may be deemed
855 appropriate by the owner or operator of the premises, the owner
856 or operator of the premises may not sell and must dispose of the
857 property or donate it to a charitable institution that is exempt
858 from federal income tax under s. 501(c)(3) of the Internal
859 Revenue Code for sale or other disposal as the charitable
860 institution deems appropriate. The rightful owner of the
861 property may reclaim the property from the owner or operator of
862 the premises at any time before the disposal or donation of the
863 property in accordance with this section and the established
864 policies and procedures of the owner or operator of the
865 premises. A charitable institution that accepts an electronic
866 device, as defined in s. 815.03(9), access to which is not
867 secured by a password or other personal identification
868 technology, shall make a reasonable effort to delete all
869 personal data from the electronic device before its sale or
870 disposal.
871 Section 18. Section 717.1355, Florida Statutes, is amended
872 to read:
873 717.1355 Theme park and entertainment complex tickets. —
874 This chapter does not apply to any tickets for admission to a
875 theme park or entertainment complex as defined in s. 509.013 s.

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876 509.013(9), or to any tickets to a permanent exhibition or
877 recreational activity within such theme park or entertainment
878 complex.
879 Section 19. Subsection (8) of section 877.24, Florida
880 Statutes, is amended to read:
881 877.24 Nonapplication of s. 877.22.—Section 877.22 does
882 not apply to a minor who is:
883 (8) Attending an organized event held at and sponsored by
884 a theme park or entertainment complex as defined in s. 509.013
885 s. 509.013(9).
886 Section 20. The application of this act does not supersede
887 any current or future declaration or declaration of condominium
888 adopted pursuant to chapter 718, Florida Statutes, cooperative
889 document adopted pursuant to chapter 719, Florida Statutes, or
890 declaration or declaration of covenant adopted pursuant to
891 chapter 720, Florida Statutes.
892 Section 21. (1) The Department of Revenue is authorized,
893 and all conditions are deemed to be met, to adopt eme rgency
894 rules pursuant to s. 120.54(4), Florida Statutes, for the
895 purpose of implementing s. 212.03, Florida Statutes, including
896 establishing procedures to facilitate the remittance of taxes.
897 (2) Notwithstanding any other law, emergency rules adopted
898 pursuant to subsection (1) are effective for 6 months after
899 adoption and may be renewed during the pendency of procedures to
900 adopt permanent rules addressing the subject of the emergency

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901 rules.
902 (3) This section expires January 1, 2026.
903 Section 22. Except as otherwise expressly provided in this
904 act, this act shall take effect upon becoming a law.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 833 by Rep. Duggan
Vacation Rentals

AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Duggan (lines 113-127):
Makes technical and conforming changes related to the advertising platform tax provisions, as
follows:
• Adds “as amended” after "Internal Revenue Code of 1986";
• Removes references to s. 205.044, F.S., which relates to a tax that is not collected by
the Department of Revenue; and
• Deletes the reference to “department,” i.e., the Department of Revenue, in the flush left
provision because this is a provision that is only relevant to counties that self-administer
the taxes imposed or authorized in ch. 125, F.S., including the local option tourist
development tax.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 833 (2023)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Duggan offered the following:
4
5 Amendment
6 Remove lines 113-127 and insert:
7 Internal Revenue Code of 1986, as amended, to a person who owns,
8 operates, or manages the vacation rental shall collect and remit
9 all taxes due under this section and ss. 125.0104, 125.0108,
10 212.0305, and 212.055 which are related to the rental.
11 2. An advertising platform to which subparagraph 1. does
12 not apply shall collect and remit all taxes due from the owner,
13 operator, or manager under this section and ss. 125.0104,
14 125.0108, 212.0305, and 212.055 which are related to the rental.
15 Of the total amount paid by the lessee or rentee, the amount
16 retained by the advertising platform for reservation or payment
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 833 (2023)
Amendment No. 1

17 service is not taxable under this section or ss. 125.0104,
18 125.0108, 212.0305, and 212.055.
19
20 In order to facilitate the remittance of such taxes, the
21 counties that have elected to self-administer the

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HB 959
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 959 Dosage Form Animal Health Products
SPONSOR(S): Tuck
TIED BILLS: IDEN./SIM. BILLS: SB 1056

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) Agriculture & Natural Resources Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Florida Commercial Feed Law (Commercial Feed Law) authorizes the Department of Agriculture and
Consumer Services (DACS) to regulate the distribution of commercial feed and feedstuff in Florida to ensure
these products are safe for human consumption. The DACS Division of Animal Industry (Division) is
responsible for enforcing the state’s animal industry law, which provides animal health regulations and protects
the state from animal pests and diseases.

Dosage form animal health supplements are animal health supplements that are similar to dietary supplements
for humans. According to the National Library of Medicine (NLM), such supplements are widely used but have
limited oversight and regulation. According to DACS, manufacturers and distributors of dosage form animal
products in Florida are currently governed by the state Commercial Feed Law due to the non-nutritional
character of these products. As a result, these entities are “required to comply with the registration, labeling,
and sampling requirements followed by distributors of other no- or low-nutritive value products allowed for use
as, or for mixing in, animal feed.”

Under federal law, the Dietary Supplement and Health Education Act (DSHEA) affects the way the Food and
Drug Administration (FDA) Center for Veterinary Medicine (CVM) regulates “food for humans.” Among other
things, it restricts substances from being food additives or drugs if the product meets the definition of a dietary
supplement. However, FDA’s assessment of DSHEA is that it was not intended to, and does not, apply to
animal feed, including pet food. Thus, products marketed as dietary supplements or “feed supplements” for
animals fall under Title 21, the Federal Food, Drug, & Cosmetics Act. These items are considered “foods” or
“drugs” depending on the intended use, or in some instances the articles may be, simultaneously, a food and a
drug.

The bill:
• Requires a manufacturer or distributor of dosage form animal health products to register biennially with
DACS.
• Authorizes DACS to waive the registration requirement under certain conditions and requires specified
information for registration applications.
• Provides conditions under which dosage form animal health products are considered misbranded or
adulterated.
• Specifies that dosage form animal health products may not be considered commercial feed, a drug, or
feedstuff as those terms are defined in the Commercial Feed Law.

The fiscal impact of the bill is indeterminate.

The effective date of the bill is July 1, 2023.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALY\SIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Commercial Feed and Feedstuff

The Florida Commercial Feed Law (Commercial Feed Law) 1 authorizes the Department of Agriculture
and Consumer Services (DACS) to regulate commercial feed and feedstuff for quality, safety, labeling
requirements, and standards. 2 A distributor of commercial feed is required to obtain a master
registration 3 and place on file a copy of the label for each brand of feed to be distributed in Florida. 4

Distributors are required to pay a licensing fee that is based on the weight of feed distributed in the
state. 5 The Commercial Feed Law preempts to DACS all authority in the state to regulate, inspect,
sample, and analyze any commercial feed or feedstuff, including assessment of penalties for
violations. 6

Samples of feed distributed in Florida must be periodically tested by a certified laboratory to determine
compliance with state standards. 7 The minimum standards for feed and feedstuff are those set forth in
the “Official Publication 2001” published by the Association of American Feed Control Officials. 8

DACS is authorized to adopt rules to enforce the Commercial Feed Law, which must be consistent with
the rules and standards of the United States Food and Drug Administration (FDA) and the United
States Department of Agriculture (USDA). The rules must include:
• Establishing definitions and reasonable standards for commercial feed or feedstuff and
permissible tolerances for pesticide chemicals, chemical additives, nonnutritive ingredients, or
drugs in or on commercial feed or feedstuff in such amounts as will ensure the safety of
livestock and poultry and the products thereof used for human consumption.
• Adopting standards for the manufacture and distribution of medicated feed.
• Establishing definitions and reasonable standards for the certification of laboratories for the
conduct of testing and analyses as required.
• Establishing product labeling requirements for distributors.
• Limiting the use of drugs in commercial feed and prescribing feeding directions to be used to
ensure safe usage of medicated feed.
• Establishing standards for evaluating quality-assurance/quality-control plans, including testing
protocols, for exemptions to certified laboratory testing requirements.
• Establishing standards for the sale, use, and distribution of commercial feed or feedstuff to
ensure usage that is consistent with animal safety and well-being and, to the extent that meat,
poultry, and other animal products for human consumption may be affected by commercial feed
or feedstuff, to ensure that these products are safe for human consumption.
o Such standards must be developed in consultation with the Agricultural Feed, Seed, and
Fertilizer Advisory Council created under s. 570.451, F.S.

1
See ch. 580, F.S.
2
S. 580.036, F.S.
3
S. 580.041, F.S.
4
S. 580.051, F.S.
5
S. 580.041, F.S.
6
S. 580.0365, F.S.
7
S. 580.091, F.S.
8
R. 5E-3.013, F.A.C. The Association of American Feed Control Officials (AAFCO) is an independent organization that has been
guiding state, federal and international feed regulators with ingredient definitions, label standards and laboratory standards for more
than 110 years, while supporting the health and safety of people and animals. AAFCO members are charged by their local, state or
federal laws to regulate the sale and distribution of animal feeds and animal drug remedies.
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DACS is required to establish the standards that a laboratory must meet to become certified in any of
the following areas of testing: 9
• Nutrient.
• Mycotoxins.
• Microbiological organisms.
• Pesticide residues.
• Drugs.

DACS is guided by the methods published by the Association of Official Analytical Chemists, the United
States Environmental Protection Agency (EPA), the FDA, or other generally recognized authorities in
developing the standards for the laboratory certifications. 10

The Commercial Feed Law prohibits distribution of an adulterated commercial feed or feedstuff.
Commercial feed or feedstuff is deemed adulterated if it includes any of the following: 11
• Any poisonous, deleterious, or nonnutritive substance that may render it injurious to animal or
human health.
o However, if the substance is not an additive, the feed shall not be considered
adulterated if the quantity of the substance does not ordinarily render it injurious to
animal or human health.
• Any food additive or added poisonous, deleterious, or nonnutritive substance that is unsafe
within the meaning of s. 406 of the Federal Food, Drug, and Cosmetic Act, other than a
pesticide chemical in or on a raw agricultural commodity.
• Any food additive or color additive that is unsafe within the meaning of s. 409 or s. 512 of the
Federal Food, Drug, and Cosmetic Act.
• A raw agricultural commodity that bears or contains a pesticide chemical that is unsafe within
the meaning of s. 408(a) of the Federal Food, Drug, and Cosmetic Act.
o However, where a pesticide chemical has been used in or on a raw agricultural
commodity in conformity with an exemption granted or a tolerance prescribed under s.
408 of the Federal Food, Drug, and Cosmetic Act and that raw agricultural commodity
has been subjected to processing such as canning, cooking, freezing, dehydrating, or
milling, the processed feed will result, or is likely to result, in pesticide residue in the
edible product of the animal which is unsafe within the meaning of s. 408(a) of the
Federal Food, Drug, and Cosmetic Act.
• Any new animal drug that is unsafe within the meaning of s. 512 of the Federal Food, Drug, and
Cosmetic Act.
• Any filthy, putrid, or decomposed substance or is otherwise unfit for feed.
• If it is prepared, packaged, or held under unsanitary conditions in which it may have become
contaminated with filth or rendered injurious to health.
• If it is the product of a diseased animal or of an animal that has died by a means other than
slaughter which is unsafe within the meaning of s. 402(a)(1) or (2) of the Federal Food, Drug,
and Cosmetic Act.

The Commercial Feed Law prohibits misbranded commercial feed or feedstuff. A commercial feed or
feedstuff is deemed misbranded, as follows: 12
• If its labeling is false or misleading in any particular.
• If it is distributed under the name of another commercial feed or feedstuff.
• If it is not labeled as required by this chapter or the rules promulgated hereunder.
• If it does not conform to the definition of identity and standard of quality as prescribed by rule.
• If any word, statement, or other information required by this chapter to appear on the label or
labeling is not prominently and conspicuously placed thereon in such terms as to render it likely
to be read and understood by the ordinary individual under customary conditions of purchase
and use.

9
S. 580.065, F.S.
10
Id.
11
S. 580.071, F.S.
12
S. 580.081, F.S.
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• If it is not appropriate for its intended or purported use.
• If a nutrient test, conducted by a laboratory certified in nutrient testing, shows the presence of
any ingredient not listed on the label or the absence of any ingredient shown on the label.

The following acts are prohibited by the Commercial Feed Law: 13
• Distribution of any commercial feed or feedstuff that is adulterated or misbranded.
• Adulteration or misbranding of any commercial feed or feedstuff.
• Distribution of commercial feed or feedstuff that has not been sampled or analyzed by a
department-certified laboratory.
• Distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs,
husks, and hulls which are adulterated.
• Dissemination of any false advertisement with reference to the distribution of any commercial
feed or feedstuff.
• Refusal to permit entry, inspection, or collection of samples of commercial feed or feedstuff by
authorized department personnel.
• Removal or disposal of a lot of commercial feed or feedstuff that has had a stop-sale, stop-use,
removal, or hold order issued, prior to release by the department or the court.
• Use of any label that does not comply with the provisions of this chapter.
• Forging, counterfeiting, simulating, or false representing of any label.
• Placing or permitting to be placed any false advertisement or misleading statement on a label.
• Redistribution of a customer-formula commercial feed.
• Using or placing of fasteners that may be injurious to animals on any commercial feed or
feedstuff or bags of any commercial feed or feedstuff, except those distributed exclusively for
poultry.
• Failure or refusal to register, pay inspection fees, or file reports, or perform any other affirmative
act required by this chapter or rule promulgated hereunder.
• Distribution of a feed or feedstuff which is prohibited by federal law or regulation.

DACS is authorized to impose one or more of the following penalties against any person who violates
the Commercial Feed Law: 14
• Issuance of a warning letter.
• A Class I fine for each occurrence. 15
• Revocation or suspension of the master registration, laboratory certification, or quality-
assurance/quality-control plan approval.
• Probation for up to six months.

The severity of the penalty imposed must be commensurate with the degree of risk to human or animal
safety or the level of financial harm to the consumer that is created by the violation. 16

Violations of the Commercial Feed Law are a second degree misdemeanor, punishable by a 60 day
term in prison and a $500 fine. 17

The Commercial Feed Law defines “commercial feed” as all materials or combinations of materials
that are distributed or intended to be distributed for use as feed or for mixing in a feed for animals
other than humans, except: 18
• Unmixed whole seeds, including physically altered entire unmixed seeds, when such seeds are
not chemically changed or are not adulterated;

13
S. 580.112, F.S.
14
S. 580.121, F.S.
15
S. 570.971, F.S., provides that for each violation in the Class I category, a fine not to exceed $1,000 may be imposed.
16
S. 580.121, F.S.
17
Ss. 775.082, and 775.083, F.S.
18
S. 580.031(2), F.S.
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• Unground hay, straw, stover, silage, cobs, husks, and hulls, and individual chemical compounds
or substances, when such commodities, compounds, or substances are unmixed with other
substances and are not adulterated; and
• Feed mixed by the consumer for the consumer’s own use made entirely or in part from products
raised on the consumer’s farm.

“Feedstuff” is defined as edible materials, other than commercial feed, that are distributed for animal
consumption and that contribute energy or nutrients, or both, to an animal diet. 19

Animal Industry

The DACS Division of Animal Industry (Division) is responsible for enforcing the state’s animal industry
law, which provides animal health regulations and protects the state from animal pests and diseases. 20

District veterinarians and animal health inspectors throughout the state work with producers, animal
owners and private veterinarians to monitor and enhance the health and welfare of Florida's animals. 21

Under Florida's Comprehensive Emergency Management Plan, the Division serves as the lead agency
for animal and agricultural issues, planning and coordinating the state's response to emergencies
ranging from hurricanes to animal disease outbreaks. 22

The animal industry law authorizes the Division to: 23
• Establish, maintain, and enforce quarantine areas within the state, or the entire state.
• Restrict, regulate, or prohibit the movement or transportation of animals found, determined, or
suspected to be carriers of certain contagious, infectious, or communicable disease.

The animal industry law authorizes the Division to adopt rules to: 24
• Govern the introduction of animals into or within the state.
• Govern the disposal or destruction of carcasses of animals to prevent the spread or
continuance of the contagion or infection.
• Condemn and destroy any barn, yard, shed, corral, or pen that may convey infection or
contagion.

Violations of the animal feed law are subject to a Class I fine for each occurrence. 25 For repeated
violations, DACS is authorized to seek administrative enforcement, including declaratory relief or a
maximum fine of $1,000. 26

Unless otherwise provided, violations of the animal industry law are a second degree misdemeanor,
punishable by a 60 day term in prison and a $500 fine. 27

Dosage Form Animal Products

The humanization of certain species, including horses, dogs, and cats, has resulted in the emergence
of animal health supplements, referred to as “dosage form supplements.” These supplements are

19
S. 580.031(10), F.S.
20
See ch. 585, F.S.
21
Department of Agriculture and Consumer Services, Division of Animal Industry, https://www.fdacs.gov/Divisions-Offices/Animal-
Industry (last visited Mar. 25, 2023).
22
Id.
23
S. 585.08(1), F.S.
24
S. 585.08(2), F.S.
25
S. 570.971, F.S., provides that for each violation in the Class I category, a fine not to exceed $1,000 may be imposed.
26
S. 585.007, F.S.
27
Ss. 775.082, and 775.083, F.S.
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similar to dietary supplements for humans. 28 In dogs and cats, the most popular supplements include
joint and digestive health supplements, followed by supplements to aid with cognition, skin/coat and
heart health. For horses, owners can use supplements to treat or prevent osteoarthritis, joint disease,
digestion, hoof growth, coat, and behavior. 29

According to the National Library of Medicine (NLM), such pet supplements and nutraceuticals are
widely used and generate millions of dollars in revenue for manufacturers. Despite the widespread use
of these veterinary products, oversight and regulation remain limited as compared to human dietary
supplement regulations. The NLM also provides that scientific information on veterinary pet
supplements and nutraceuticals is increasing; however, there is a lack of quality control, safety and
efficacy data for the majority of the substances marketed in pet supplements and the resulting products
for purchase currently available. Despite this lack of evidence, the use of veterinary supplements and
nutraceuticals continues to increase.” 30

Food and Drug Administration

The U.S. Food and Drug Administration (FDA) Center for Food Safety and Applied Nutrition (CFSAN) 31
regulates the safety of dietary supplements in humans. The term “dietary supplement” is defined in the
Dietary Supplement Health and Education Act (DSHEA) of 1994, 32 as a product taken by mouth in
humans that contains a “dietary ingredient” intended to supplement the diet. A “dietary ingredient” can
include vitamins, minerals, herbs or other botanicals, amino acids and substances such as enzymes,
organ tissues and metabolites. The definition of ‘‘dietary supplement’’ does not explicitly state whether
it includes or excludes products intended for use in animals other than man. 33

The FDA Center for Veterinary Medicine (CVM) 34 is responsible for the regulation of animal food
products. The CVM has mechanisms for food additive approval, which apply to any product unless it is
generally recognized as safe for that intended use (i.e. forages, grains and most mineral and vitamins).
This regulation applies to animal food additives that could affect the target animal’s safety.

Under Section 201(s) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 35 the definition of a
food additive does not include any ingredient in or intended for use in a dietary supplement. Although
the dietary ingredient used in the dietary supplement must not adulterate the supplement, it does not
have to be Generally Recognized As Safe (GRAS) for its intended use in the supplement. However,
non-dietary ingredients (binders, fillers, etc.) are not exempt from the food additive definition. If any
product claims to cure, treat, prevent or mitigate disease, the product should be considered a “new
animal drug.”

Pet food, including pet treats but not pet supplements, falls under the Association of American Feed
Control Officials (AAFCO) and is regulated on a federal and state level. For now, AAFCO only
regulates labeling of “food-type” supplements, although it will monitor for any ingredient
misrepresentation of all animal supplements. Seven states, including Texas, Oregon, Michigan, North

28
State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Labeling of Dosage Form Animal Health
Supplements for Non-human Food Producing Animals, https://datcp.wi.gov/Documents/Feed-
DosageFormAnimalHealthSuppPolicy.pdf (last visited Mar. 25, 2023).
29
National Library of Medicine, Veterinary Pet Supplements and Nutraceuticals,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7802882/ (last visited Mar. 25, 2023).
30
Id.
31
U.S. Food and Drug Administration, Center for Food Safety and Applied Nutrition, https://www.fda.gov/about-fda/fda-
organization/center-food-safety-and-applied-nutrition-cfsan (last visited Mar. 25, 2023).
32
Pub. L. No. 103-417.
33
National Library of Medicine, Veterinary Pet Supplements and Nutraceuticals,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7802882/ (last visited Mar. 25, 2023).
34
U.S. Food and Drug Administration, Center for Veterinary Medicine, https://www.fda.gov/about-fda/fda-organization/center-
veterinary-medicine (last visited Mar. 25, 2023).
35
21 U.S.C. § 301-399.
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Dakota, South Dakota, Virginia and Wyoming have enacted “remedy laws” to regulate pet supplements
that do not qualify as “foods” according to the AAFCO definition. 36

The DSHEA controls the way the FDA regulates “food for humans.” Among other things, it restricts
substances from being food additives or drugs if the product meets the definition of a dietary
supplement. Supplements intended for companion animals (i.e. not food animals for human
consumption) do not fall under the DSHEA and therefore undergo less regulatory oversight than human
dietary supplements. 37

According to the FDA, the DSHEA does not apply to animal products. 38 Thus, products marketed as
dietary supplements or “feed supplements” for animals still fall under the FD&C Act. These items are
considered “foods” or “drugs” depending on the intended use, or in some instances the articles may be,
simultaneously, a food and a drug. The FD&C Act defines the term "food" as an article used for food or
drink for man or other animals including components of such articles. Thus, any nutrient ingredient
(e.g., vitamins, minerals, and amino acids) which is added to a food is also a food by definition. The
FD&C Act also defines the term "drug" as including any article intended for use as a component of a
drug. A nutrient ingredient used as a component of a dosage form drug must meet the requirements for
a drug. A nutrient ingredient used as a component of all other medicated products must meet the
requirements for a food. While a nutrient ingredient of a non-dosage form product is also a drug when it
is intended for use as a component of a drug, the nutrient will be primarily regulated as a food and need
not be shown to serve an active drug purpose provided no drug claims are made or implied for the
nutrient. 39

The regulatory status of an article is determined by CVM on a case-by-case basis. Under the FD&C
Act, "animal feeds/foods" refers to feed for livestock, poultry, or other animals, and pet food. These
articles may ordinarily be thought of as foods under the Act, and also, in some cases, as food additives.
However, based upon the claims made for these articles, their intended uses may bring them within the
definition of a drug under the Act. In such instances, the articles may, as a matter of law, be both a food
and a drug simultaneously. 40

According to DACS, manufacturers and distributors of dosage form animal products in Florida are
currently being regulated under the Commercial Feed Law due to the products’ non-nutritional
character. As a result, marketers of “dosage form animal health products” are required to comply with
the registration, labeling, and sampling requirements followed by distributors of other no- or low-
nutritive value products allowed for use as, or for mixing in, animal feed. 41

Proposed Changes

The bill provides biennial registration and labelling requirements for manufacturers of dosage form
animal products with DACS, including responsibilities regarding application, labelling, misbranding,
adulteration, and rulemaking authority.

The bill requires a manufacturer or distributor that manufactures or distributes the finished form of a
dosage form animal health product in the state to submit a registration application to DACS every two
years as prescribed by DACS rule.

36
National Library of Medicine, Veterinary Pet Supplements and Nutraceuticals,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7802882/ (last visited Mar. 25, 2023).
37
State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Labeling of Dosage Form Animal Health
Supplements for Non-human Food Producing Animals, https://datcp.wi.gov/Documents/Feed-
DosageFormAnimalHealthSuppPolicy.pdf (last visited Mar. 25, 2023).
38
61 C.F.R. § 17706.
39
U.S. Food and Drug Administration, Nutritional Ingredients in Animal Drugs and Feeds, https://fda.report/media/70108/Guide-
1240.3420-Nutritional-Ingredients-in-Animal-Drugs-and-Feeds.pdf (last visited Mar. 25, 2023).
40
U.S. Food and Drug Administration, FDA/CVM Program Policy and Procedures Manual Guide 1240.3605,
https://www.fda.gov/media/69982/download (last visited Mar. 25, 2023).
41
Florida Department of Agriculture and Consumer Services, Agency Analysis of House Bill 959, pgs. 1 and 2 (Mar. 9, 2023).
STORAGE NAME: h0959.RRS PAGE: 7
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The bill authorizes DACS to waive the registration requirement if a manufacturer or distributor is
registered under another federal or state law in compliance with DACS rule.

The bill authorizes DACS to require a registration application to include a copy of the label and labeling
for each dosage form animal health product.

The bill requires a dosage form animal health product label to contain, at a minimum, all of the following
information:
• The net weight or count of the product.
• The product name and brand name, if any, under which the product is manufactured or
distributed.
• The established name of each active ingredient in the product and the amount of each active
ingredient per serving in descending order by predominance of the ingredient in the product.
• The established name of each inactive ingredient in the product and the amount of each
inactive ingredient per serving in alphabetical order.
• Adequate directions and precautionary statements and warnings necessary to ensure safe and
effective use of the product.
• The name and principal mailing address of the manufacturer or distributor.
o Only the name, city, state, and zip code are required for a manufacturer or distributor
listed in a local telephone directory.
• A structure-function claim stating the intended non-nutritional benefit of the product.
• The expiration date.

The bill provides that a dosage form animal health product is considered misbranded if the product
label or labeling:
• Does not provide the required labeling information in a prominent and conspicuous manner
which can be easily identified and understood under customary conditions of purchase and use.
• Includes the term "guaranteed analysis."
• Is false or misleading.

The bill provides that a dosage form animal health product is considered adulterated if:
• The product contains any poisonous or deleterious substance that may be injurious to animal
health.
• Any valuable ingredient of the product has been in whole or in part omitted or removed.
• Any valuable ingredient of the product has been in whole or in part substituted by any less
valuable ingredient.
• The composition or quality of the product falls below or differs from what the label or labeling
purports or represents.
• The methods or controls used to manufacture or package the product do not conform to current
good manufacturing practice.

The bill prohibits dosage form animal health products from being considered commercial feed, a drug,
or feedstuff as those terms are defined in s. 580.031, F.S., of the Commercial Feed Law.

The bill provides the following definitions:
• "Brand name" means any distinguishing word, name, symbol, or device, or combination thereof,
identifying the dosage form animal health product of a manufacturer or distributor.
• "Distribute" means to offer for sale, sell, barter, or exchange a dosage form animal health
product or to supply, furnish, or otherwise provide such a product for use by any consumer or
customer in the state.
• "Distributor" means a person or entity that distributes dosage form animal health products.
• "Dosage form animal health product" means any product, including oils, tinctures, capsules,
tablets, liquids, soft chews, and chewable limited dose products, intended to affect the structure
or function of an animal's body other than by providing nutrition to the animal. The term does
not include animal feed supplements, products represented as a primary meal for the intended

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animal species, products intended as a snack treat or behavioral reward treat, or dental
products providing mechanical or abrasive action.
• "Label" means a display of written, printed, or graphic matter upon or affixed to the container in
which a dosage form animal health product is distributed, or on the invoice or delivery slip with
which the product is distributed.
• "Labeling" means all labels and other written, printed, or graphic matter upon a dosage form
animal health product or any of its containers; all wrappers accompanying the product; and all
advertisements, brochures, posters, or television or radio announcements used in promoting the
sale of the product.
• "Manufacture" means the grinding, mixing, blending, or further processing of a dosage form
animal health product for distribution.
• "Manufacturer" means a person or entity that manufactures dosage form animal health
products.
• "Product name" means the name of a dosage form animal health product which identifies the
kind, class, or specific use of the product.

The effective date of the bill is July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Creates s. 585.012, F.S.; requiring manufacturers and distributors of dosage form animal
health products to register with DACS; providing requirements for registration; providing
conditions under which products are considered misbranded or adulterated.

Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require certain manufacturers of dosage form animal products to register and comply with
labelling requirements with DACS. According to DACS, the department will need to charge a fee not to
exceed $200 for registration. See Fiscal Comments.

Dosage form animal health products that are currently on sale may need to be recalled to be accurately
labelled, which may have a negative fiscal impact to the distributors and business owners of those
products.

D. FISCAL COMMENTS:
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According to DACS, “the bill would require the registration of manufactures and distributors of dosage
form animal health products. Additionally, enforcement and inspection activities relating to registration
requirements, Feed Marketplace inspections, label evaluations, and consumer complaints would
necessitate additional inspection and lab staff. Associated cost for lab analysis would be expected to
run around $350 per sample depending on the screen. Revenues associated with violations of the
proposed bill cannot be estimated at this time. Current law allows for the imposition of a Class III, up to
$10,000 fine per violations of the chapter.” 42

“The specific process for registration, to include cost, will need to be established through rulemaking
and in accordance with s. 585.002, F.S., but would not exceed $200 per registration. It is estimated
approximately 100 entities will be affected by the proposed legislation. The bill does not contain any
penalty provisions, but Chapter 585, allows for the imposition of an administrative fine of up to $10,000
per violation of the chapter or associated rules.” 43

“Registration fees imposed on manufacturers and distributors of “dosage form animal health products”
that are currently registered under Ch. 580, F.S., would be eliminated. Ch. 580, F.S,. registration fees
are based on volume of distribution; therefore, most affected entities are required to pay $40
annually.” 44

“Cost of registration under proposed HB 959 is not contemplated but fee authority under Chapter 585,
F.S., allows for the department, by rule, to establish a fee schedule to cover the approximate costs
associated with carrying out the provisions of the chapter, not to exceed $200.” 45

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

The bill allows DACS to implement the provisions of the bill by rule. DACS has indicated that this will
necessitate the imposition of a $200 registration fee. It is unclear as to whether this would constitute the
“raising” of a fee as defined in Art. VII s. 19.

B. RULE-MAKING AUTHORITY:
The bill authorizes DACS to prescribe rules to administer the registration of certain manufacturers of
dosage form animal health products pursuant to the animal industry law. According to DACS, these
entities are currently being regulated under the Commercial Feed Law, and r. 5E-3, F.A.C.

42
Florida Department of Agriculture and Consumer Services, Agency Analysis of House Bill 959, p. 2 (Mar. 9, 2023).
43
Id.
44
Id.
45
Id.
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DATE: 3/26/2023
However, the animal industry law provides the department with sufficient rulemaking authority to
implement the bill. 46

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

46
S. 585.002, F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 959 2023

1 A bill to be entitled
2 An act relating to dosage form animal health products;
3 creating s. 585.012, F.S.; providing definitions;
4 requiring a manufacturer or distributor of dosage form
5 animal health products to register with the Department
6 of Agriculture and Consumer Services; authorizing the
7 department to waive the registration requirement under
8 certain conditions and to require specified
9 information for registration applications; providing
10 requirements for product labels; providing conditions
11 under which dosage form animal health products are
12 considered misbranded or adulterated; providing
13 construction; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 585.012, Florida Statutes, is created
18 to read:
19 585.012 Dosage form animal health products.—
20 (1) As used in this section, the term:
21 (a) "Brand name" means any distinguishing word, name,
22 symbol, or device, or combination thereof, identifying the
23 dosage form animal health product of a manufacturer or
24 distributor.
25 (b) "Distribute" means to offer for sale, sell, barter, or

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26 exchange a dosage form animal health product or to supply,
27 furnish, or otherwise provide such a product for use by any
28 consumer or customer in the state.
29 (c) "Distributor" means a person or entity that
30 distributes dosage form animal health products.
31 (d) "Dosage form animal health product" means any product,
32 including oils, tinctures, capsules, tablets, liquids, soft
33 chews, and chewable limited dose products, intended to affect
34 the structure or function of an animal's body other than by
35 providing nutrition to the animal. The term does not include
36 animal feed supplements, products represented as a primary meal
37 for the intended animal species, products intended as a snack
38 treat or behavioral reward treat, or dental products providing
39 mechanical or abrasive action.
40 (e) "Label" means a display of written, printed, or
41 graphic matter upon or affixed to the container in which a
42 dosage form animal health product is distributed, or on the
43 invoice or delivery slip with which the product is distributed.
44 (f) "Labeling" means all labels and other written,
45 printed, or graphic matter upon a dosage form animal health
46 product or any of its containers; all wrappers accompanying the
47 product; and all advertisements, brochures, posters, or
48 television or radio announcements used in promoting the sale of
49 the product.
50 (g) "Manufacture" means the grinding, mixing, blending, or

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51 further processing of a dosage form animal health product for
52 distribution.
53 (h) "Manufacturer" means a person or entity that
54 manufactures dosage form animal health products.
55 (i) "Product name" means the name of a dosage form animal
56 health product which identifies the kind, class, or specific use
57 of the product.
58 (2)(a) A manufacturer or distributor that manufactures or
59 distributes the finished form of a dosage form animal health
60 product in the state must submit a registration application to
61 the department every 2 years as prescribed by department rule.
62 The department may waive the registration requirement if a
63 manufacturer or distributor is registered under another federal
64 or state law in compliance with department rule.
65 (b) The department may require a registration application
66 to include a copy of the label and labeling for each dosage form
67 animal health product.
68 (3) A dosage form animal health product label must
69 contain, at a minimum, all of the following information:
70 (a) The net weight or count of the product.
71 (b) The product name and brand name, if any, under which
72 the product is manufactured or distributed.
73 (c) The established name of each active ingredient in the
74 product and the amount of each active ingredient per serving in
75 descending order by predominance of the ingredient in the

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76 product.
77 (d) The established name of each inactive ingredient in
78 the product and the amount of each inactive ingredient per
79 serving in alphabetical order.
80 (e) Adequate directions and precautionary statements and
81 warnings necessary to ensure safe and effective use of the
82 product.
83 (f) The name and principal mailing address of the
84 manufacturer or distributor. Only the name, city, state, and zip
85 code are required for a manufacturer or distributor listed in a
86 local telephone directory.
87 (g) A structure-function claim stating the intended non-
88 nutritional benefit of the product.
89 (h) The expiration date.
90 (4) A dosage form animal health product is considered
91 misbranded if the product label or labeling:
92 (a) Does not provide the information required in
93 subsection (3) in a prominent and conspicuous manner which can
94 be easily identified and understood under customary conditions
95 of purchase and use.
96 (b) Includes the term "guaranteed analysis."
97 (c) Is false or misleading.
98 (5) A dosage form animal health product is considered
99 adulterated if:
100 (a) The product contains any poisonous or deleterious

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101 substance that may be injurious to animal health.
102 (b) Any valuable ingredient of the product has been in
103 whole or in part omitted or removed.
104 (c) Any valuable ingredient of the product has been in
105 whole or in part substituted by any less valuable ingredient.
106 (d) The composition or quality of the product falls below
107 or differs from what the label or labeling purports or
108 represents.
109 (e) The methods or controls used to manufacture or package
110 the product do not conform to current good manufacturing
111 practice.
112 (6) Dosage form animal health products may not be
113 considered commercial feed, a drug, or feedstuff as t hose terms
114 are defined in s. 580.031.
115 Section 2. This act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 959 by Rep. Tuck
Dosage Form Animal Health Products

AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Tuck (strike-all):
• Removes the requirement that manufacturers of dosage form animal products register
with Department of Agriculture and Consumer Services (DACS) under the Florida animal
industry law.
• Includes dosage form animal products as a regulated feedstuff under the Florida
Commercial Feed Law thus requiring such products to be subject to regulation by DACS.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Tuck offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsections (9) through (24) of section
8 580.031, Florida Statutes, are renumbered as subsections (10)
9 through (25), respectively, and subsection (9) is added to that
10 section, to read:
11 580.031 Definitions of words and terms.—As used in this
12 chapter, the term:
13 (9) “Dosage form animal product” means a feedstuff that
14 includes any product intended to affect the structure or
15 function of the animal’s body other than by providing nutrition
16 to the animal. The term includes oils, tinctures, capsules,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

17 tablets, liquids, and chewables. The term does not include a
18 mineral or vitamin, a product represented as a primary meal for
19 the intended animal species, any other product intended as a
20 treat, or a dental product providing mechanical or abrasive
21 action or both. This term also does not include drugs,
22 biologics, parasiticides, medical devices, or diagnostics used
23 to treat, or administered to, animals under the Federal Food,
24 Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), as amended,
25 by the United States Department of Agriculture under the federal
26 Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), as amended,
27 or by the United States Environmental Protection Agency under
28 the Federal Insecticide, Fungicide, and Rodenticide Act (7
29 U.S.C. Sec. 136 et seq.), as amended.
30
31 Except as provided by law or rule, all terms used in connection
32 with commercial feed or feedstuff have the meanings ascribed to
33 them by the Association of American Feed Control Offi cials.
34 Section 2. Subsection (1) of section 580.051, Florida
35 Statutes, is amended to read:
36 580.051 Labels; requirements; penalty.—
37 (1) Any commercial feed or feedstuff distributed in this
38 state, except a customer-formula feed and feed distributed
39 through an integrated poultry operation or by a cooperative to
40 its members, shall be accompanied by a legible label bearing all

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

41 information required by the federal Food and Drug Administration
42 and the following information:
43 (a) An accurate statement of the net weight.
44 (b) The name and principal address of the registrant.
45 (c) The brand name and product name, if any, under which
46 the commercial feed is distributed. The word "medicated" shall
47 be incorporated as part of the brand or product name if the
48 commercial feed contains a drug.
49 1. The department may require feeding directions and
50 precautionary statements to be placed on the label for the safe
51 and effective use of medicated and other feed as deemed
52 necessary.
53 2. Labels on medicated feed shall include all of the
54 following:
55 a. Any feeding directions prescribed by the department to
56 ensure safe usage.
57 b. The stated purpose of the medication contained in the
58 feed as stated in the claim statement.
59 c. The established name of each active drug ingredient.
60 d. The level of each drug used in the final mixture
61 expressed in metric units as well as the required avoirdupois.
62 (d) The date of manufacture or expiration date of
63 commercial feed sold at retail as the department may by rule
64 require.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

65 (e) The guaranteed analysis stated in terms that advise
66 the consumer of the composition of the feed or feedstuff or
67 support claims made in the labeling. In all cases, the elements
68 or compounds listed in the analysis must be determinable by
69 laboratory methods approved by the department.
70 1. The guaranteed analysis, listing the minimum percentage
71 of crude protein, minimum percentage of crude fat, and maximum
72 percentage of crude fiber and, when more than 10 percent mineral
73 ingredients are present, the minimum or maximum percentages of
74 mineral elements or compounds as provided by rule.
75 2. Vitamin ingredients, when guaranteed, shall be shown in
76 amounts and terms provided by rule. For mineral feed, the list
77 shall include the following: maximum or minimum percentages of
78 calcium (Ca), phosphorus (P), salt (NaCl), iron (Fe), copper
79 (Cu), cobalt (Co), magnesium (Mg), manganese (Mn), potassium
80 (K), selenium (Se), zinc (Zn), and fluorine (F) if ingredients
81 used as sources of any of these constituents are declared. All
82 mixtures that contain mineral or vitamin ingredients generally
83 regarded as dietary factors essential for the normal nutrition
84 of animals and that are sold or represented for the primary
85 purpose of supplying these minerals or vitamins as additions to
86 rations in which these same mineral or vitamin factors may be
87 deficient shall be classified as mineral or vitamin supplements.
88 Products sold solely as mineral or vitamin supplements and

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

89 guaranteed as specified in this section need not show guarantees
90 for protein, fat, and fiber.
91 3. Other nutritional substances or elements determinable
92 by laboratory methods may be guaranteed by permission of, or
93 shall be guaranteed at the request of, the department as may be
94 provided by rule.
95 4. Products sold solely as a dosage form animal product
96 and guaranteed as specified in this section need to not show a
97 guaranteed analysis.
98 (f) The common or usual name of each ingredient used in
99 the manufacture of the commercial feed; however, for all
100 commercial feed except horse feed, the department by rule may
101 permit the use of collective terms for a group of ingredients
102 which perform a similar nutritional function.
103 (g) A label on a dosage form animal product must contain
104 the following:
105 1. An accurate statement of the net weight.
106 2. The name and principal address of the registrant.
107 3. The brand name and product name, if any, under which the
108 dosage form animal product is distributed.
109 4. The date of manufacture or expiration date of the dosage
110 form animal product sold at retail as the department may by rule
111 require.
112 5. The amount of each active ingredient per serving.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2023)
Amendment No. 1

113 6. The common or usual name of each inactive ingredient
114 contained in the dosage form animal product.
115 7. A statement that identifies how the product supports the
116 structure or function of the animal.
117 8. Precautionary statements and warnings required to ensure
118 the safe and effective use of the dosage form animal product.
119 9. Recommended dosage by animal weight.
120 10. The statement “Not for human consumption.”
121 Section 3. This act shall take effect October 1, 2023.
122
123 -----------------------------------------------------
124 T I T L E A M E N D M E N T
125 Remove lines 3-13 and insert:
126 amending s. 501.174, F.S.; providing definitions; amending s.
127 580.051, F.S.; providing an exception from certain analysis
128 requirements for products sold solely as a dosage form animal
129 product; providing requirements for product labels; providing an
130 effective date.

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HB 1241
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: HB 1241 Safety Standards for Amusement Rides
SPONSOR(S): Bracy Davis and others
TIED BILLS: HB 1243 IDEN./SIM. BILLS: CS/SB 902

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

1) Regulatory Reform & Economic Larkin Anstead
Development Subcommittee
2) Agriculture & Natural Resources
Appropriations Subcommittee
3) Commerce Committee

SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS) is required to inspect all amusement rides in
Florida, except those at large parks with more than 1,000 employees and inspectors on staff. All temporary
amusement rides are inspected each time they are moved or set up at a new location, and permanent rides
are inspected semiannually. All amusement rides are required to be permitted annually, required to undergo
nondestructive testing for structural integrity, and must have an annual inspection by a professional engineer or
qualified inspector. DACS can investigate accidents, impose sanctions for violations, and close and impound
amusement rides that are a danger to the public.

The bill:
• Renames the act related to safety standards for amusement rides, “The Tyre Sampson Act”.
• Requires permanent amusement rides operated for the first time in this state after a specified date to
have a ride commissioning and certification report on file with the DACS within a specified timeframe.
• Revises nondestructive testing and affidavit requirements.
• Provides authority for DACS to inspect certain rides that are exempt from inspection, at the request of
DACS.
• Revises safety standards for safety equipment, sensors, and limiting devices.
• Revises requirements for posting signs relating to rider qualifications.
• Revises the circumstances under which the owner or manager of an amusement ride is required to report
an accident and under which DACS may impound an amusement ride involved in an accident.
• Authorizes DACS to impound rides with similar operating characteristic to other rides involved in an
accident investigation.
• Requires DACS to produce a written report of all accident investigations.
• Revises circumstances under which an amusement ride may be considered an immediate serious danger
to the public.
• Requires that amusement ride owners record maintenance and training data at the time the maintenance
or training was performed.
• Directs DACS to create rules for operator training/retraining standards

The bill will have an indeterminate negative fiscal impact on the DACS.

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: h1241.RRS
DATE: 3/26/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Tyre Sampson

In March 2022, 14-year-old Tyre Sampson, who was visiting Orlando, Florida with his football team, fell
to his death from an amusement ride, the 400-foot (122-meter) drop tower ride, operated by Orlando
Slingshot 1. The teenager was described as great athlete, hard worker, a very good and generous person,
and “a big teddy bear, a gentle giant.” 2

After an investigation, outside engineers reported that sensors on the ride had been adjusted manually
to double the size of the opening for restraints on two seats, resulting in the teen not being properly
secured. 3 The attendant who strapped Sampson into the ride was newly hired. The ride has since been
shut down and the company has been fined by the DACS.

Amusement Ride Inspections

DACS is required to inspect all amusement rides in Florida, except those at large parks with more than
1,000 employees and an inspector on staff. The Bureau of Fair Rides Inspection within the department
is required to inspect, investigate, and enforce the regulations related to amusement rides. 4

Amusement rides regulated in the state of Florida fall into two major groups:
• Temporary amusement rides (those that are regularly relocated with or without assembly);
• Permanent facility amusement rides (those that are not regularly relocated and operate as a
lasting part of the premises). 5

All temporary amusement rides are inspected each time they are moved or set up at a new location,
and permanent rides are inspected semiannually. All amusement rides are required to be permitted
annually, are required to undergo nondestructive testing for structural integrity, and must have an
annual inspection by a professional engineer or qualified inspector. 6

DACS also inspects go-kart tracks, water-related amusement rides, and zip-line courses operating in
the state. 7

In addition, DACS investigates accidents involving amusement rides and has the authority to impose
sanctions on amusement ride owners for violation of the law. DACS can close and impound
amusement rides that pose an immediate serious danger to public health, safety, and welfare. 8

Adoption of Standards

1
Curt Anderson, Florida Amusement Park Where Tyre Sampson Fell to His Death Fined $250,000, ABC Channel 7, Nov. 22, 2022,
https://www.mysuncoast.com/2022/11/22/florida-amusement-park-where-tyre-sampson-fell-his-death-fined-250000/ (last visited
March 22, 2023).
2
CNN, Alisha Ebrahimji, Teen who died at Florida amusement park was a football standout and a ‘gentle giant’ with a kind heart,
loved ones say, Mar. 28, 2022, https://www.cnn.com/2022/03/28/us/tyre-sampson-icon-park-teen-death/index.html
3
Id.
4
S. 616.242, F.S.
5
Florida Department of Agriculture and Consumer Services, Fair Rides Inspection, https://fdacs.gov/Business-Services/Fairs/Fair-
Rides-Inspection (last visited March 22, 2023).
6
Id.
7
Id.
8
Id.
STORAGE NAME: h1241.RRS PAGE: 2
DATE: 3/26/2023
The DACS is required to adopt by rule standards for amusement rides which are the same as or similar
to the following national standards:
• American Society for Testing and Materials (ASTM) Committee F-24 Standards on Amusement
Rides and Devices;
• National Electric Code Handbook, Article 525;
• National Fire Protection Code 101 (chapters 8-4.6 and 9-4.6);
• ASTM Standards: E543 Practice for Determining the Qualification of Nondestructive Testing
Agencies; and
• American Society for Nondestructive Testing (ASNT) Document Recommended Practice for
Nondestructive Testing Personnel Qualification and Certification (SNT-TC-1A). 9

DACS is authorized to adopt rules necessary to effectuate its statutory duties in the interest of public
health, safety, and welfare and to promote patron safety in the design, construction, assembly,
disassembly, maintenance, and operation of amusement rides in this state. 10

There are no mandatory national safety standards for U.S. amusement rides, but the amusement ride
industry has developed safety standards through the ASTM F-24 committee. The ASTM F-24
committee is responsible for standards related to amusement rides and devices. This includes
waterslides, inflatables, go-karts, zip lines and challenge courses, trampoline courts, and a growing list
of commercially-operated amusement experiences. 11

Annual Permits

Amusement rides may not operate without an annual permit. To apply, an owner must submit to the
DACS a written application on a form prescribed by department rule, and include:
• The legal name, address, and primary place of business of the owner;
• A description, manufacturer’s name, serial number, model number, and, if previously assigned,
the United States Amusement Identification Number of the amusement ride;
• A valid certificate of insurance for each amusement ride;
• An affidavit of compliance (AOC) that the amusement ride was inspected and in general
conformance with the law and applicable rules;
• The AOC must be executed by a professional engineer or a qualified inspector no earlier than
60 days before, but not later than, the date of filing of the application with DACS;
• The owner is required to request inspection and permitting of the amusement ride within
60 days of the date of filing the application with DACS;
• DACS is required to inspect and permit the amusement ride within 60 days after the filing of the
application with DACS;
• If required, an affidavit of nondestructive testing dated and executed no earlier than 60 days
before, but not later than, the date of the filing of the application with DACS;
• The owner is required to request inspection and permitting of the amusement ride within
60 days of the date of filing the application with DACS;
• DACS is required to inspect and permit the amusement ride within 60 days after the filing of the
application with DACS; and
• A request for inspection. 12

Upon request, the owner must, at no cost to DACS, provide DACS with a copy of the manufacturer’s
current recommended operating instructions in the possession of the owner, the owner’s operating fact
sheet, and any written bulletins in the possession of the owner concerning the safety, operation, or
maintenance of the amusement ride. 13

9
S. 616.242(4), F.S.
10
Id.
11
ASTM International, Committee F24 on Amusement Rides and Devices, https://www.astm.org/get-involved/technical-
committees/committee-f24 (last visited March 22, 2023).
12
S. 616.242(5), F.S.
13
Id.
STORAGE NAME: h1241.RRS PAGE: 3
DATE: 3/26/2023
An annual permit must be issued to the owner when a completed application has been received, the
amusement ride has passed DACS inspection, and all applicable fees, as set by department rule, 14
have been paid. 15

The annual permit:
• Is valid for one year from the date of issuance;
• Is not transferable; and
• Must be displayed on the amusement ride in a place that is visible to patrons. 16

Nondestructive Testing

Background

Nondestructive testing is a means by which a person can evaluate the strength and integrity of a device
without altering or destroying it. 17 The purpose of nondestructive testing to make sure that the device is
safe. The two types of nondestructive testing are visual and nonvisual testing.

Visual testing is used to look at the device to determine whether there are any signs of corrosion,
cracks, welding defects, deformation, and so forth. 18

Nonvisual nondestructive testing consists of multiple kinds of methods that evaluate whether a latent
defect or issue exists. 19

Nondestructive Testing Affidavit

In order to operate an amusement ride the owner must at all times have a current affidavit of
nondestructive testing from a professional engineer or qualified inspector. The affidavit provides that
the amusement ride has undergone nondestructive testing for metal fatigue at least annually. 20
Nondestructive testing must be performed by a technician who meets the national standards for
amusement rides provided in department rule. 21

Nondestructive testing for metal fatigue must include visual and nonvisual testing and can be
conducted more often than annually if required by any rule adopted under this section, the
manufacturer of the amusement ride, or the professional engineer or qualified inspector executing the
affidavit of nondestructive testing. 22

An affidavit of nondestructive testing must provide:
• That the amusement ride was inspected in person by the affiant;

14
R. 5J-18.012, F.A.C.
15
S. 616.242(5), F.S.
16
Id.
17
Nondestructive Testing Overview: A Comprehensive Guide to NDT, Zetec, May 5, 2020,
https://www.zetec.com/resources/nondestructive-testing-overview/ (last visited March 22, 2023); see also, Siim Sild, Non-Destructive
Testing (NDT): Process, Types & Applications, Fractory, Nov. 9, 2022, https://fractory.com/non-destructive-testing/ (last visited
March 22, 2023).
18
Siim Sild,Non-Destructive Testing (NDT): Process, Types & Applications, Fractory, Nov. 9, 2022, https://fractory.com/non-
destructive-testing/ (last visited March 22, 2023); see also, Thomas R. Hay, “Non-Destructive Testing (NDT) of Amusement Park
Rides.” TechKnowServ, Feb. 27, 2020, https://www.techknowserv.com/post/non-destructive-testing-ndt-of-amusement-park-rides
(last visited March 22, 2023).
19
Nonvisual nondestructive test methods include ultrasonic testing, eddy-current testing, or magnetic flux leakage testing. Thomas R.
Hay, Non-Destructive Testing (NDT) of Amusement Park Rides, TechKnowServ, Feb. 27, 2020,
https://www.techknowserv.com/post/non-destructive-testing-ndt-of-amusement-park-rides (last visited March 22, 2023).
20
S. 616.242(6), F.S.
21
Id.
22
Id.
STORAGE NAME: h1241.RRS PAGE: 4
DATE: 3/26/2023
• That all nondestructive testing requirements are current;
• That the nondestructive testing was performed by a qualified nondestructive testing technician.
• The components of the amusement ride for which the manufacturer has recommended or
required nondestructive testing;
• The type of nondestructive testing required or recommended by the manufacturer;
• The frequency of the nondestructive testing required or recommended by the manufacturer;
• The components of the amusement ride for which the affiant has recommended or required
nondestructive testing;
• The type of nondestructive testing required or recommended by the affiant;
• The frequency of the nondestructive testing as required or recommended by the affiant; and
• That visual nondestructive testing is adequate for the amusement ride to be in general
conformance with the requirements of this section, and all applicable rules, if only visual
nondestructive testing is required or recommended by either the manufacturer or the affiant. 23

Nondestructive testing is not required for:
• Fun houses;
• Houses of mirrors;
• Haunted houses;
• Mazes;
• Wave pools;
• Wave-making devices;
• Kiddie pools;
• Slides that are fully supported by an earthen mound;
• Non-motorized playground equipment that requires a manager; or
• Lazy-river type non-motorized floating carriers propelled by water. 24

Inspections

In order to obtain an annual permit, amusement rides must be inspected by DACS and receive an
inspection certificate. In addition, the following requirements must be met:
• Permanent amusement rides must be inspected semiannually and receive an inspection
certificate; and
• Temporary amusement rides must be inspected and receive an inspection certificate each time
the ride is set up or moved to a new location in this state unless the ride is:
o Used at a private event;
o A simulator, the capacity of which does not exceed 16 persons; or
o A kiddie ride used at a public event, provided that there are no more than three
amusement rides at the event, none of the kiddie rides at the event exceeds a capacity
of 12 persons, and the ride has an inspection certificate that was issued within the
preceding 6 months. 25

To obtain a DACS inspection, the owner must submit a written request on a department prescribed
form providing the following information:
• The legal name, address, and primary place of business of the owner;
• A description, manufacturer’s name, serial number, model number, and the United States
Amusement Identification Number, if previously assigned, of the amusement ride; and
• For a temporary amusement ride, for each time the amusement ride is set up or moved to a new
location, the date of first intended use at the new location and the address or a description of
the new location. 26

23
Id.
24
Id.
25
S. 616.242(5), F.S.
26
Id.
STORAGE NAME: h1241.RRS PAGE: 5
DATE: 3/26/2023
For permanent amusement rides, a request for inspection must be received by DACS at least 15 days
before the:
• Owner’s planned opening date; or
• Expiration of the prior inspection certificate. 27

For temporary amusement rides, the request for inspection must be received by DACS each time the
amusement ride is set up or moved to a new location at least 14 days before the date of first intended
use at the new location. 28

In both cases, if the request for inspection is received late, DACS is authorized to inspect the
amusement ride and charge a late fee. In addition, if the owner fails to timely cancel a Request for
Inspection, requests holiday or weekend inspections, or is required to have a replacement United
States Amusement ID Program (USAID) plate issued by DACS, then the owner may be charged an
appropriate fee. 29

Inspections are assigned on a first come, first served basis, and overflow requests will be scheduled on
the closest date to the date for which the inspection was requested. Upon failure of an amusement ride
to pass an inspection, the owner may request in writing a re-inspection. DACS is required to re-inspect
the ride as soon as practical following receipt of the written request and applicable re-inspection fees. 30

Upon passage of inspection and payment of the applicable fee, DACS must issue an inspection
certificate containing the following information:
• Date of inspection;
• Site of the inspection; and
• Name of the inspector. 31

Inspection certificates are valid only for the site stated on the certificate, for a period of not more than
6 months from the date of issuance. They are not transferable and must be displayed on the
amusement ride at a place readily visible to patrons. 32

Fees

DACS is required by rule to establish fees to cover the costs and expenditures associated with the fair
rides inspection program, including all direct and indirect costs. If there is not sufficient general revenue
appropriated by the Legislature, the industry is required to pay for the remaining cost of the program. 33

Fees must be deposited in the General Inspection Trust Fund. Any owner of an amusement ride who
has not paid all the fees required under this section or who has any unpaid fine outstanding under this
section, are prohibited from operating any amusement ride in this state until the fees and fines have
been paid to DACS. 34

DACS has adopted the following fees: 35

Permanent Temporary
Type of Fee
Ride Ride
Annual permit fee for each kiddie amusement ride $300 $150

27
Id.
28
S. 616.242(6), F.S.
29
S. 616.242(8)(d), F.S.
30
S. 616.242(8)(b)-(c), F.S.
31
Id.
32
Id.
33
S. 616.242(9), F.S.
34
Id.
35
R. 5J-18.012, F.A.C.
STORAGE NAME: h1241.RRS PAGE: 6
DATE: 3/26/2023
Annual permit fee for each non-kiddie amusement ride $400 $200
Annual permit fee for each super amusement ride $600 $300
Inspection fee per go kart, in addition to the track inspection fee $10 $10
Reinspection fee (return to site) $500 $500
Reinspection fee (return on-site) $100 $100
Fee to replace a lost U.S. Amusement Identification (USAID) plate $100 $100
Fee per amusement ride for late inspection request $100 $100
Fee per amusement ride for failure to cancel inspection request $100 $100
Additional fee per amusement ride for inspection on weekend or $75 $75
state holiday
Inspection fee per harness, in addition to the ropes course/zipline $5 $5
permit fee

In order to obtain a permit to operate an amusement ride in Florida, the ride owner must obtain injury
liability insurance in the following amounts:
• One million dollars minimum per occurrence; and
• One million dollars in the aggregate. 36

The policies must be procured from an insurer that is:
• Licensed to transact business in this state; or
• Approved as a surplus lines insurer. 37

The insurance requirements do not apply to a governmental entity that is covered by the provisions of
s. 768.28(16), F.S., which authorizes the state and its agencies and subdivisions to:
• Be self-insured;
• Enter into risk management programs;
• Purchase liability insurance for whatever coverage they may choose; or
• Have any combination thereof. 38

Exemptions

The regulations 39 related to amusement rides do not apply to the following:
• Permanent facilities that employ at least 1,000 full-time employees and that maintain full-time,
in-house safety inspectors;
• Any playground operated by a school, local government, or business licensed under
chapter 509, F.S., if the playground is an incidental amenity and the operating entity is not
primarily engaged in providing amusement, pleasure, thrills, or excitement;
• Museums or other institutions principally devoted to the exhibition of products of agriculture,
industry, education, science, religion, or the arts;
• Conventions or trade shows for the sale or exhibit of amusement rides if there are a minimum of
15 amusement rides on display or exhibition, and if any operation of such amusement rides is
limited to the registered attendees of the convention or trade show;
• Skating rinks, arcades, laser or paint ball war games, bowling alleys, miniature golf courses,
mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle
boats, airboats, helicopters, airplanes, parasails, hot air or helium balloons whether tethered or
untethered, theatres, batting cages, stationary spring-mounted fixtures, rider-propelled merry-
go-rounds, games, side shows, live animal rides, or live animal shows;
• Go-karts operated in competitive sporting events if participation is not open to the public;
• Non-motorized playground equipment that is not required to have a manager;

36
S. 616.242(10), F.S.
37
Id.
38
Id.
39
S. 616.242, F.S. does not apply to these exemptions.
STORAGE NAME: h1241.RRS PAGE: 7
DATE: 3/26/2023
• Coin-actuated amusement rides designed to be operated by depositing coins, tokens, credit
cards, debit cards, bills, or other cash money and which are not required to have a manager,
and which have a capacity of six persons or less;
• Motorsports facilities described in s. 549.09(1)(a), F.S., when such facilities are operating cars,
trucks, or motorcycles only;
• Battery-powered cars or other vehicles that are designed to be operated by children seven
years of age or under and that cannot exceed a speed of four miles per hour;
• Mechanically driven vehicles that pull train cars, carts, wagons, or other similar vehicles, that
are not confined to a metal track or confined to an area but are steered by an operator and do
not exceed a speed of 4 miles per hour;
• Water-related amusement rides operated by a business licensed under chapter 509, F.S., if the
water-related amusement ride is an incidental amenity and the operating business is not
primarily engaged in providing amusement, pleasure, thrills, or excitement and does not offer
day rates;
• Amusement rides at a private, membership-only facility if the amusement ride is an incidental
amenity and the facility is not open to the general public; is not primarily engaged in providing
amusement, pleasure, thrills, or excitement; and does not offer day rates; and
• Nonprofit permanent facilities registered under ch. 496, F.S., which are not open to the general
public. 40

DACS is authorized to establish by rule exemptions from the regulations on amusement rides for “non-
motorized or human-powered amusement rides or coin-actuated amusement rides.” 41

Inspection Standards

Amusement rides are required to adhere to the following inspection standards:
• All mechanical, structural, and electrical components that affect patron safety must be in good
working order.
• All control devices, speed-limiting devices, brakes, and safety equipment designated by the
manufacturer must be in good working order.
• Parts must be properly aligned and not be bent, distorted, cut, or otherwise injured to force a fit.
Parts requiring lubrication must be lubricated in the course of assembly. Fastening and locking
devices must be installed where required for safe operation.
• Before being used by the public, an amusement ride must be placed or secured with blocking,
cribbing, outriggers, guys, or other means so as to be stable under all operating conditions.
• Areas in which patrons may be endangered by the operation of an amusement ride must be
fenced, barricaded, or otherwise effectively guarded against inadvertent contact.
• Machinery used in or with an amusement ride must be enclosed, barricaded, or otherwise
effectively guarded against inadvertent contact.
• An amusement ride powered so as to be capable of exceeding its maximum safe operating
speed must be provided with a maximum-speed-limiting device.
• The interior and exterior parts of all patron-carrying amusement rides with which a patron may
come in contact must be smooth and rounded and free from sharp, rough, or splintered edges
and corners, with no projecting studs, bolts, screws, or other projections which might cause
injury.
• Signs that advise or warn patrons of age restrictions, size restrictions, health restrictions, weight
limitations, or any other special consideration or use restrictions required or recommended for
the amusement ride by the manufacturer must be prominently displayed at the patron entrance
of each amusement ride.
• All amusement rides must comply with the section of law governing amusement rides and
related rules. 42

40
S. 616.242(11), F.S.
41
Id.
42
S. 616.242(12), F.S.
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Major Modifications

After an amusement ride has undergone a major modification, and prior to the time it is placed in
operation, a Florida Licensed professional engineer must certify that the amusement ride is in
compliance with the entire section of law governing amusement ride safety, and all related rules. 43

Entry for Inspections

Authorized DACS employees may enter unannounced and inspect amusement rides at any time in a
reasonable manner and DACS is authorized to impose fees for unannounced inspections and recover
the cost of related tests. 44 DACS employees are authorized to:
• Question any owner or manager;
• Inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and
• Conduct all appropriate tests including nondestructive testing. 45

Reporting and Investigating Accidents and Defects

Accidents that the owner or manager have knowledge or, through the exercise of reasonable diligence
should have knowledge, and for which a patron is transported to a hospital as defined in ch. 395, F.S.,
must be reported by the owner or manager to DACS. Such reporting must be conducted by telephone
within four hours after the accident and followed up with a written report to DACS within 24 hours after
the accident.

Any mechanical, structural, or electrical defects affecting patron safety for which an amusement ride is
closed to patron use for more than four hours must be reported by the owner or manager to DACS by
telephone or facsimile within eight hours after the closing of the ride. A written report of the closing must
be filed by the owner or manager with DACS within 24 hours after the ride closes.

Impounding Amusement Rides

DACS is authorized to impound amusement rides that have:
• Been involved in an accident for which a patron is transported to a hospital as defined in
ch. 395, F.S.;
• A mechanical, structural, or electrical defect affecting patron safety.

In cases of impoundment, DACS is authorized to impound any other amusement ride of a similar make
and model and perform all necessary tests to determine the cause of the accident, defect, or safety of
the ride and any other ride of a similar make and model. The ride owners are responsible for the cost of
impoundment and relating testing. 46

Owner/Manager Inspections

Prior to opening each day of operation, and before any inspection by DACS, the owner or manager of
an amusement ride is required to inspect and test the ride to ensure compliance with all requirements
of the law governing amusement rides. Each inspection must be recorded on a form prescribed by
department rule and signed by the person who conducted the inspection. 47

43
S. 616.242(13), F.S.
44
Id.
45
S. 616.242(14), F.S.
46
S. 616.242(15), F.S.
47
S. 616.242(16), F.S.
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In lieu of using the department form, an owner or manager may request approval of an alternative form,
which must include at least the information required on the department form. Inspection records of the
last 14 daily inspections must be:
• Kept on site by the owner or manager; and
• Made immediately available to DACS upon request. 48

Employee Training

Owners or managers of amusement rides are required to:
• Maintain a record of employee training for each employee who is authorized to operate,
assemble, disassemble, transport, or conduct maintenance on an amusement ride; and
• Certify that each employee is trained on the amusement ride for which the employee is
responsible. 49

The training record must be kept on site by the owner or manager and made immediately available to
DACS upon request. In lieu of using the department form, the owner or manager may request approval
of an alternative form. 50

Training is prohibited when an amusement ride is open to the public, unless the training is conducted
under the supervision of an employee who is trained in the operation of that ride. 51

Enforcement and Penalties

DACS has the authority to deny, suspend for up to one year, or revoke any permit or inspection
certificate. In addition, DACS may impose an administrative fine pursuant to s. 570.971, F.S., not to
exceed $10,000 per violation, for each day the violation exists, against the owner of the amusement
ride if DACS finds that an amusement ride has operated or is operating:
• With a mechanical, structural, or electrical defect that affects patron safety, of which the owner
or manger has knowledge, or, through the exercise of reasonable diligence, should have
knowledge;
• In a manner or circumstance that presents a risk of serious injury to patrons;
• At a speed in excess of its maximum safe operating speed;
• In violation of department rules or state law; or
• In violation of an order of DACS or any court.
• A manager in the course of his or her duties is under the influence of drugs or alcohol. 52

DACS is required, in its order suspending a permit or inspection certificate, to specify the period during
which the suspension is effective, which may not exceed one year. The permit or inspection certificate
must remain suspended during the period, subject to any rescission or modification of the order by the
department or modification or reversal by the court, prior to expiration of the suspension period. 53

The owner of an amusement ride whose permit or inspection certificate has been revoked by DACS
may not apply for another permit or inspection certificate for the amusement ride within 2 years after the
date of the revocation. If judicial review is sought and a stay of the revocation is obtained, the owner
may not apply for another permit or inspection certificate within 2 years after the final order of the court
sustaining the revocation. 54

48
Id.
49
S. 616.242(17), F.S.
50
Id.
51
Id.
52
S. 616.242(21), F.S.
53
Id.
54
Id.
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DATE: 3/26/2023
During the period of suspension or revocation, the owner may not engage in or attempt to engage in
any operation of the amusement ride for which a permit or inspection certificate is required. 55

When a DACS -imposed suspension period has expired, the owner may reapply for a new permit or
inspection certificate by submitting a complete application to DACS. 56

In addition, and notwithstanding the existence of any adequate remedy at law, DACS is authorized to
bring an action to enjoin the violation of any provision, or rules adopted, under this section, in the circuit
court of the county in which the violation occurs or is about to occur. Upon competent and substantial
evidence presented by DACS, the court is required to immediately issue the temporary or permanent
injunction sought by DACS without bond. 57

In addition to the penalties, DACS is authorized to issue a letter of warning to the owner of the ride
specifying the violation and requiring immediate corrective action. 58

Any person who knowingly violates any of the provisions of the regulations governing amusement rides
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or
s. 775.083, F.S. 59

Consumer Product Safety Commission

The Consumer Product Safety Commission (Commission) is charged with protecting the public from
unreasonable risks of injury or death associated with the use of the thousands of types of consumer
products under the Commission’s jurisdiction. The Consumer Product Safety Act (Act) 60 authorizes the
Commission to investigate serious accidents involving portable carnival rides, inflatables, and go-karts.
Amusement rides operated at permanent parks (“permanently fixed to a site”) are exempt from
compliance with the Act. 61

Ride manufacturers or owner/operators are required to notify the Commission if they obtain information
which reasonably supports the conclusion that a portable amusement ride, inflatable device, go-kart or
other non-exempt amusement device:
• Fails to comply with a consumer product safety standard or banning regulation established by
the omission or a voluntary consumer product safety standard upon which the Commission has
relied under section 9 of the Act; 62
• Contains a defect which could create a substantial product hazard described in section 15(a)(2)
of the Act; 63 or
• Creates an unreasonable risk of serious injury or death. 64

The Commission does not provide for an inspection program.

Other States

55
Id.
56
Id.
57
Id.
58
Id.
59
Id.
60
15 U.S.C. ch. 47 § 2051 et seq.
61
“Consumer Product Safety Commission.” RidesDatabase, https://ridesdatabase.org/regulations/united-states/ (last visited March 23,
2023); see also, 15 U.S.C.A. § 2065 (2008).
62
See, 15 U.S.C. § 2058 (2008).
63
See, 15 U.S.C. § 2064.
64
15 U.S.C. § 2064(b)(4).
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According to a consumer safety organization, Safeparks.org, the research of amusement ride laws in
50 states found the following: 65

Degree of Oversight Number of States
Comprehensive Government Oversight 20 States
(Including
Florida)
Partial Government Oversight 12 States
Private Sector Oversight 9 States
No State Agency with Jurisdiction 8 States
Electrical Inspections Only 1 State

Effect of Bill

The bill, titled the Tyre Sampson Act, amends ch. 616, F.S. relating to the regulation of amusement
rides. The bill amends the definition of “major modification” and provides definitions for “nationally
recognized testing laboratory” and “ride commissioning and certification report.”

The bill provides new requirements for permanent and temporary amusement rides and requires, for
each permanent or temporary amusement rides operated, for the first time after July 1, 2023, to have a
ride commissioning and certification report on file with DACS before the ride’s first inspection and a
permit is issued.

The bill requires:
• A ride owner or manager to provide a longitudinal record regarding accidents involving rides
they previously owned or operated as part of each permanent or temporary amusement ride
annual permit application. It also, provides exemptions for temporary amusement rides from
required permit to include previously permitted rides at private events and kiddie rides at public
events not to exceed three amusement rides.
• Nonvisual nondestructive testing to be used when it cannot be adequately evaluated by other
means and the type of nondestructive testing or recommended by affiant to include the
manufacturer’s requirements and recommendations. If there are no additional nondestructive
testing it is required to be affirmed that the manufacturer’s requirements are sufficient for safe
operation.

The bill creates new reporting requirements for an affidavit of nondestructive testing. The affidavit of
nondestructive testing must include the following statement:
• The ride is in conformance with the requirements of statute and applicable department rules;
• Whether the amusement ride went under a major modification, the name of the person who
authorized modification and the date modification took place;
• The ride is in conformance with all of the manufacturer’s required or recommended bulletins.

The bill permits DACS to conduct unannounced inspections to verify that on-duty employees have
received proper training, and to observe the amusement ride in operation in order to detect unsafe ride
conditions that may have occurred following the last inspection. DACS is also permitted to immediately
remove amusement ride from service if unsafe conditions are found.

The bill prohibits sensors related to patron safety from being adjusted beyond the prescribed tolerances
and requires that the proper positioning and measurements for patron safety restraint systems must be
provided to DACS prior to inspection. It also provides that if rider restrictions are not provided from

65
Safeparks, U.S. Federal and State Amusement Ride Regulation, https://ridesdatabase.org/saferparks/u-s-regulatory-agencies/ (last
visited March 22, 2023)
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DATE: 3/26/2023
manufacturer, the owner or manager must provide DACS with documentation from manufacturer
stating that such restrictions are not necessary for safe operation.

The bill permits DACS to prepare a written report of each investigation it conducts. The bill also
changes the accident reporting requirements for owners and managers following an accident and
changes the parameters in which DACS is permitted to impound an amusement ride involved in an
accident. DACS must establish by rule minimum training and retraining standards and the frequency of
employee training for all amusement rides. The bill also creates the requirement that the owner or
manager of an amusement ride shall immediately document all training following each training session.

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

B. SECTION DIRECTORY:
Section 1: Names the title of the Act.
Section 2: Amends s. 616.242 relating to certification reports, permit applications, temporary ride
exemptions, nondestructive testing, inspections and reports; reporting for accidents involving medical
treatment; impoundment of ride, DACS rules, and employee training.
Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
DACS estimates that the bill would cost DACS $1.4 million in recurring expenditures, in addition to
$791,204 in non-recurring, for Fiscal Year 2023-2024. DACS also estimates that the bill would cost
DACS $1.4 million in recurring expenditures for Fiscal Years 2024-2025 and 2025-2026. 66

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Additional costs may be incurred by new ride operators to produce a ride commissioning report. This
cost could vary greatly depending on the complexity of the ride. Also, the additional nondestructive
testing requirements may result in increased costs associated with the inspection by a professional
engineer executing the affidavit. 67

D. FISCAL COMMENTS:
DACS provided the following chart to show the estimated fiscal impact on the agency: 68

66
Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 House Bill 1241, p. 3 (March 8, 2023).
67
Id.
68
Id.
STORAGE NAME: h1241.RRS PAGE: 13
DATE: 3/26/2023
(FY 23-24) (FY 24-25) (FY 25-26)
Amount/ Amount/ Amount/
FTE FTE FTE
A. Revenues
Recurring
Non-Recurring
TOTAL REVENUES
B. Expenditures
Recurring 1,409,949 1,409,949 1,409,949
Non-Recurring 791,204 0 0
TOTAL 2,201,153 1,409,949 1,409,949
EXPENDITURES
C. NET TOTAL (2,201,153) (1,409,949) (1,409,949)

COMMENTS: This includes Salaries and Benefits, standards Expense
packages, vehicles and fuel/maintenance packages for 18 FTE.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill instructs DACS to create rules for operator training/retraining standards.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill includes a provision regarding unannounced inspections which is already authorized in current
law.
The sponsor indicates that an amendment will be filed to correct drafting issues and reduce the DACS
fiscal impact.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h1241.RRS PAGE: 14
DATE: 3/26/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1241 2023

1 A bill to be entitled
2 An act relating to safety standards for amusement
3 rides; providing a short title; amending s. 616.242,
4 F.S.; defining and redefining terms; requiring
5 permanent amusement rides operated for the first time
6 in this state after a specified date to have a ride
7 commissioning and certification report on file with
8 the Department of Agriculture and Consumer Services
9 within a specified timeframe; revising the application
10 requirements for permanent and temporary amusement
11 ride permits; exempting from permit requirements
12 temporary amusement rides that meet certain
13 conditions; revising the annual nondestructive testing
14 requirements for amusement rides; requiring nonvisual
15 nondestructive testing to be used in certain
16 circumstances; revising the affidavit requirements for
17 nondestructive testing; authorizing the department to
18 conduct unannounced inspections for specified
19 purposes; requiring the department to remove an
20 amusement ride from service and take appropriate
21 administrative actions under certain circumstances;
22 removing an exemption for temporary amusement ride
23 inspections; authorizing the department to conduct
24 certain inspections upon request; revising amusement
25 ride inspection standards; revising the reasons for

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26 which the department is authorized to enter and
27 inspect amusement rides; requiring the department to
28 prepare a written report of each investigation it
29 conducts; revising the circumstances under which the
30 owner or manager of an amusement ride is required to
31 report an accident and under which the department may
32 impound an amusement ride involved in an accident;
33 requiring daily owner or manager amusement ride
34 inspections to be recorded at the time of inspection;
35 requiring the department to establish by rule minimum
36 amusement ride training and retraining standards;
37 revising training requirements; revising circumstances
38 under which an amusement ride may be considered an
39 immediate serious danger to the public; providing an
40 effective date.
41
42 WHEREAS, on March 24, 2022, Tyre Sampson, a 14-year-old boy
43 visiting this state from Missouri, fell to his death from the
44 Eagle Drop Tower in Orlando, and
45 WHEREAS, after the accident, Department of Agriculture and
46 Consumer Services inspectors performed multiple onsite
47 inspections of the tower and its components and contracted with
48 a third party to conduct a failure analysis assessment of the
49 tower, and
50 WHEREAS, the investigators concluded that changes made to

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51 the ride by the ride operators after initial installation
52 contributed to Tyre Sampson's death, and
53 WHEREAS, the proposed changes made by this act are
54 necessary to address the safety problems discovered during the
55 department's investigation, NOW, THEREFORE,
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. This act may be cited as the "Tyre Sampson
60 Act."
61 Section 2. Present paragraphs (j) through (q) and (r)
62 through (u) of subsection (3) of section 616.242, Florida
63 Statutes, are redesignated as paragraphs (k) through (r) and (t)
64 through (w), respectively, new paragraphs (j) and (s) are added
65 to that subsection and a new paragraph (g) is added to
66 subsection (6) of that section, and paragraph (h) of subsection
67 (3), paragraph (a) of subsection (4), paragraph (b) of
68 subsection (5), paragraphs (b) and (f) of subsection (6),
69 subsection (7), paragraph (a) of subsection (8), paragraph (b)
70 of subsection (11), subsections (12) and (14), paragraphs (a)
71 and (c) of subsection (15), and subsections (16), (17), and (19)
72 of that section are amended, to read:
73 616.242 Safety standards for amusement rides.—
74 (3) DEFINITIONS.—As used in this section, the term:
75 (h) "Major modification" means any change in the

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76 structural characteristics, or operational characteristics, or
77 safety systems of an amusement ride which will alter its
78 performance or settings from those that specified in the
79 manufacturer's design criteria or operator's manual or as
80 certified in the ride commissioning and certification report .
81 (j) "Nationally recognized testing laboratory" means an
82 independent laboratory recognized by the United States
83 Occupational Safety and Health Administration which tests
84 products to applicable product safety standards in order to
85 provide independent testing and certification of devices that
86 may pose a risk to the user.
87 (s) "Ride commissioning and certification report" means a
88 commissioning and certification report by the ride manufacturer
89 or a nationally recognized testing laboratory which certifies
90 that the ride has been designed, manufactured, installed, and
91 tested in conformance with the manufacturer's design criteria,
92 standards referenced in this section, and rules adopted by the
93 department.
94 (4) ADOPTION OF STANDARDS; RULES.—
95 (a) The department shall adopt by rule standards for
96 amusement rides. The rules must:
97 1. Be which are the same as or similar to the following
98 national standards:
99 a.1. ASTM International Committee F24 Standards on
100 Amusement Rides and Devices.

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101 b.2. The National Electric Code Handbook.
102 c.3. National Fire Protection Association standards.
103 2. Require that each permanent amusement ride operated for
104 the first time in this state after July 1, 2023, have a ride
105 commissioning and certification report on file with the
106 department before the department conducts the permanent
107 amusement ride's first inspection and issues a permit for the
108 permanent amusement ride.
109 (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
110 (b) To apply for an annual permit, an owner or manager
111 must submit to the department a written application on a form
112 prescribed by department rule, which must include all of the
113 following:
114 1. The legal name, address, e-mail address, and primary
115 place of business of the owner or manager, as applicable.
116 2. A description, manufacturer's name, serial number,
117 model number, and, if previously assigned, the United States
118 Amusement Identification Number of the amusement ride.
119 3. A valid certificate of insurance for each amusement
120 ride.
121 4. If required under subsection (7), An annual affidavit
122 of compliance and nondestructive testing certifying that the
123 amusement ride was inspected in person by the affiant and that
124 the amusement ride is in general conformance with the
125 requirements of this section and all applicable department

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126 rules. The affidavit must have been executed by a professional
127 engineer or a qualified inspector within the last calendar year.
128 5. The owner or manager shall, At no cost to the
129 department, provide the department an electronic copy of the
130 manufacturer's current recommended operating instructions, the
131 owner's operating fact sheet, a longitudinal record regarding
132 accidents involving rides he or she previously owned or
133 operated, and any written bulletins concerning the safety,
134 operation, or maintenance of the amusement ride.
135 6. Beginning July 1, 2023, a ride commissioning and
136 certification report for each permanent amusement r ide operated
137 for the first time in this state after July 1, 2023.
138 (6) TEMPORARY AMUSEMENT RIDE PERMIT.—
139 (b) To apply for a permit, an owner or manager must submit
140 to the department a written application on a form prescribed by
141 department rule. The written application, which must include all
142 of the following:
143 1. The legal name, address, e-mail address, and primary
144 place of business of the owner or manager, as applicable.
145 2. A description, manufacturer's name, serial number,
146 model number, and, if previously assigned, the United States
147 Amusement Identification Number of the amusement ride.
148 3. A valid certificate of insurance for each amusement
149 ride.
150 4. If required under subsection (7), An affidavit of

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151 compliance and nondestructive testing certifying that the
152 amusement ride was inspected in person by the affiant and that
153 the amusement ride is in general conformance with the
154 requirements of this section and all applicable department
155 rules. The affidavit must be executed by a professional engineer
156 or a qualified inspector.
157 5. The owner or manager shall, At no cost to the
158 department, provide the department an electronic copy of the
159 manufacturer's current recommended operating instructions, the
160 operating fact sheet, a longitudinal record regarding accidents
161 involving rides he or she previously owned or operated, and any
162 written bulletins concerning the safety, operation, or
163 maintenance of the amusement ride.
164 (f) A temporary amusement ride is exempt from the required
165 permit if it is:
166 1. Used at a private event and was issued a permit within
167 the preceding 6 months; or
168 2. A kiddie ride used at a public event, provided that not
169 more than three amusement rides are at the event, the kiddie
170 rides at the event do not exceed a capacity of 12 persons, and
171 the kiddie ride passed a department inspection and was issued a
172 permit within the preceding 6 months. Unless the capacity of the
173 ride has been determined and specified by the manufacturer, the
174 department shall determine the capacity of the kiddie ride by
175 rule. An owner or a manager of a kiddie ride operating under

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176 this exemption is responsible for ensuring that not more than
177 three amusement rides are operated at the event.
178 (g) The permit must be displayed in an accessible location
179 on the amusement ride.
180 (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. —
181 (a) Except as provided in paragraph (d), An owner or
182 manager may not operate an amusement ride unless the owner or
183 manager at all times has a current affidavit of nondestructive
184 testing from a professional engineer or qualified inspector that
185 the amusement ride has undergone nondestructive testi ng to
186 verify the integrity of all components for metal fatigue at
187 least annually. The nondestructive testing for metal fatigue
188 must be conducted more often than annually if required by any
189 rule adopted under this section, by the manufacturer of the
190 amusement ride, or by the professional engineer or qualified
191 inspector executing the affidavit of nondestructive testing. The
192 nondestructive testing for metal fatigue must consist at least
193 of visual nondestructive testing, as well as nonvisual
194 nondestructive testing for metal fatigue, which must be
195 conducted on the components of the amusement ride as required by
196 any rule adopted under this section, by the manufacturer of the
197 amusement ride, or by the professional engineer or qualified
198 inspector executing the affidavit of nondestructive testing.
199 (b) Nonvisual nondestructive testing must be used to
200 verify the integrity of components that, due to their design,

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201 location, installation, or a combination thereof, cannot be
202 adequately evaluated by other means.
203 (c) Nondestructive testing testings must be performed by a
204 technician who meets the requirements prescribed by department
205 rule.
206 (d)(c) An affidavit of nondestructive testing, on a form
207 prescribed by department rule, must state, at a minimum, all of
208 the following:
209 1. That the amusement ride was inspected in person by the
210 affiant.
211 2. That all of the manufacturer's nondestructive testing
212 requirements and recommendations are current.
213 3. That the nondestructive testing was performed by a
214 qualified nondestructive testing technician.
215 4. The components of the amusement ride for which the
216 manufacturer has recommended or required nondestructive testing.
217 5. The type of nondestructive testing required or
218 recommended by the manufacturer.
219 6. The frequency of the nondestructive testing required or
220 recommended by the manufacturer.
221 7. The components of the amusement ride for which the
222 affiant, in addition to the manufacturer's requirements and
223 recommendations, has recommended or required nondestructive
224 testing.
225 8. The type of nondestructive testing required or

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226 recommended by the affiant in addition to the manufacturer's
227 requirements and recommendations. If the affiant does not
228 require or recommend additional nondestructive testing, the
229 affiant must affirm that the manufacturer's requirements are
230 sufficient for the safe operation of the amusement ride .
231 9. The frequency of the nondestructive testing as required
232 or recommended by the affiant.
233 10. That visual nondestructive testing is adequate for the
234 amusement ride to be in general conformance with the
235 requirements of this section and all applicable rules, only if
236 only visual nondestructive testing is required or recommended by
237 the manufacturer or the affiant.
238 11. That the amusement ride is in conformance with the
239 requirements of this section and all applicable department
240 rules.
241 12. Whether the amusement ride has undergone a major
242 modification and, if so, the name of the manager, owner, or
243 operator who authorized the modification and the date the
244 modification took place.
245 13. That the amusement ride and its components are in
246 conformance with the service life specified by the manufacturer.
247 14. That the amusement ride is in conformance with all of
248 the manufacturer's required or recommended bulletins.
249 (e)(d) Nonvisual nondestructive testing is not required
250 for fun houses, houses of mirrors, haunted houses, mazes, wave

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251 pools, wave-making devices, kiddie pools, slides that are fully
252 supported by an earthen mound, nonmotorized playground equipment
253 that requires a manager, or lazy-river-type nonmotorized
254 floating carriers propelled by water.
255 (8) DEPARTMENT INSPECTIONS.—
256 (a) In order to obtain an annual or a temporary amusement
257 ride permit, an amusement ride must be inspected by the
258 department.
259 1. The department may conduct unannounced inspections to
260 observe operations and ensure the amusement ride is being
261 conducted pursuant to proper procedures, to verify that on -duty
262 employees have received proper training, and to observe the
263 amusement ride in operation in order to detect unsafe ride
264 conditions that may have occurred following the last inspection.
265 If unsafe conditions are found, the inspector must immediately
266 remove the amusement ride from service to ensure patron safety
267 and follow up with the appropriate administrative actions A
268 temporary amusement ride is exempt from the required inspection
269 if it is:
270 a. Used at a private event;
271 b. A simulator, the capacity of which does not exceed 16
272 persons; or
273 c. A kiddie ride used at a public event, provided that not
274 more than three amusement rides are at the event, the kiddie
275 rides at the event do not exceed a capacity of 12 persons, and

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276 the kiddie ride passed a department inspection and was issued a
277 permit within the preceding 6 months. The capacity of a kiddie
278 ride shall be determined by department rule, unless the capacity
279 of the ride has been determined and specified by the
280 manufacturer. Any owner or manager of a kiddie ride operating
281 under this exemption is responsible for ensuring that not more
282 than three amusement rides are operated at the event.
283 2. The department shall inspect permanent amusement rides
284 6 months after the issuance of the annual permit. The required
285 inspection may be waived for a permanent amusement ride if it
286 was inspected and certified by an accredited trade organization
287 as defined by department rule.
288 (11) EXEMPTIONS.—
289 (b) All of the following are exempt from subsections (5),
290 (6), (8), and (9), but may be inspected by the department upon
291 request, following a complaint or pursuant to an accident that
292 is required to be reported under subsection (15), and such
293 exemption may be removed if the exempted amusement ride is found
294 to have been operating in a manner or circumstance that presents
295 a risk or resulted in a serious injury to patrons:
296 1. Museums or other institutions principally devoted to
297 the exhibition of products of agriculture, industry, education,
298 science, religion, or the arts.
299 2. Conventions or trade shows for the sale or exhibit of
300 amusement rides if there are a minimum of 15 amusement rides on

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301 display or exhibition and if any operation of such amusement
302 rides is limited to the registered attendees of the convention
303 or trade show.
304 3. Nonmotorized playground equipment that is not required
305 to have a manager.
306 4. Coin-actuated amusement rides designed to be operated
307 by depositing coins, tokens, credit cards, debit cards, bills,
308 or other cash money and which are not required to have a
309 manager, and which have a capacity of six persons or less.
310 5. Facilities described in s. 549.09(1)(a) when such
311 facilities are operating cars, trucks, or motorcycles only.
312 6. Battery-powered cars or other vehicles that are
313 designed to be operated by children 7 years of age or under and
314 that cannot exceed a speed of 4 miles per hour.
315 7. Mechanically driven vehicles that pull train cars,
316 carts, wagons, or other similar vehicles, that are not confined
317 to a metal track or confined to an area but are steered by an
318 operator and do not exceed a speed of 4 miles per hour.
319 8. A water-related amusement ride operated by a business
320 licensed under chapter 509 if the water-related amusement ride
321 is an incidental amenity and the operating business is not
322 primarily engaged in providing amusement, pleasure, thrills, or
323 excitement and does not offer day rates.
324 9. An amusement ride at a private, membership-only
325 facility if the amusement ride is an incidental amenity and the

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326 facility is not open to the general public; is not primarily
327 engaged in providing amusement, pleasure, thrills, or
328 excitement; and does not offer day rates.
329 10. A nonprofit permanent facility registered under
330 chapter 496 which is not open to the general public.
331 (12) INSPECTION STANDARDS.—An amusement ride must conform
332 to all of the following standards:
333 (a) All mechanical, structural, and electrical components
334 that affect patron safety must be in good working order.
335 (b) All control devices, speed-limiting devices, brakes,
336 and safety equipment must be in good working order.
337 (c) Parts must be properly aligned and may not be bent,
338 distorted, cut, or otherwise injured to force a fit. Parts
339 requiring lubrication must be lubricated in the course of
340 assembly. Fastening and locking devices must be installed when
341 required for safe operation.
342 (d) Sensors and other limiting devices related to patro n
343 safety restraint systems may not be adjusted beyond the
344 prescribed tolerances determined by the manufacturer or by a
345 licensed professional engineer if the manufacturer is no longer
346 in business.
347 (e) The proper positioning and measurements related to
348 patron safety restraint systems must be provided to the
349 department before the time of inspection. The specifications may
350 include redundant restraints, such as seat belts, and must be

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351 approved by the ride manufacturer or by a licensed professional
352 engineer if the manufacturer is no longer in business.
353 (f) An amusement ride must be placed or secured with
354 blocking, cribbing, outriggers, guys, or other means so as to be
355 stable under all operating conditions.
356 (g)(e) Areas in which patrons may be endangered by the
357 operation of an amusement ride must be fenced, barricaded, or
358 otherwise effectively guarded against inadvertent contact.
359 (h)(f) Machinery used in or with an amusement ride must be
360 enclosed, barricaded, or otherwise effectively guarded against
361 inadvertent contact.
362 (i)(g) An amusement ride powered so as to be capable of
363 exceeding its maximum safe operating speed must be provided with
364 a maximum-speed-limiting device.
365 (j)(h) The interior and exterior parts of all patron-
366 carrying amusement rides with which a patron may come in contact
367 must be smooth and rounded and free from sharp, rough, or
368 splintered edges and corners, and from projecting studs, bolts,
369 and screws or other projections that might cause injury.
370 (k)(i) Signs that advise or warn patrons of age
371 restrictions, size restrictions, health restrictions, weight
372 limitations, or any other special consideration or use
373 restrictions, or lack thereof, required or recommended for the
374 amusement ride by the manufacturer must be prominently displayed
375 at the patron entrance of each amusement ride. If such rider

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376 restrictions are not provided by the manufacturer, the owner or
377 manager must provide the department with documentation from the
378 manufacturer or a licensed professional engineer stating that
379 such rider restrictions are not necessary for the safe operation
380 of the amusement ride.
381 (l)(j) All amusement rides presented for inspection as
382 ready for operation or in operation must comply with this
383 section and department rule.
384 (m)(k) A sign containing the toll-free number of the
385 department and informing patrons that they may contact the
386 department with complaints or concerns regarding the safe
387 operation of amusement rides must be posted in a manner
388 conspicuous to the public at each entrance of an a temporary
389 amusement ride facility. The department shall prescribe by rule
390 specifications for such signs.
391 (14) ENTRY FOR INSPECTION OR INVESTIGATION.—
392 (a) Upon presentation of identification, an authorized
393 employee of the department may enter unannounced and inspect
394 amusement rides at any time and in a reasonable manner and has
395 the right to question any owner, operator, or manager; to
396 inspect, investigate, photograph, and sample all pert inent
397 places, areas, and devices and review required documentation;
398 and to conduct or have conducted all appropriate tests,
399 including nondestructive testing. The department may impose fees
400 for unannounced inspections and recover the cost of tests

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401 authorized by this subsection.
402 (b) The department shall prepare a written report of each
403 investigation it conducts.
404 (15) REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS;
405 IMPOUNDMENTS.—
406 (a) Any accident of which the owner or manager has
407 knowledge or, through the exercise of reasonable diligence
408 should have knowledge, and for which a patron seeks treatment at
409 is transported to a hospital or an urgent care center, as those
410 terms are defined in chapter 395, must be reported by the owner
411 or manager to the department by telephone within 4 hours after
412 the occurrence of the accident or after notification by the
413 patron and must be followed up by a written report to the
414 department within 24 hours after the occurrence of the accident
415 or after notification by the patron.
416 (c) The department may impound an amusement ride involved
417 in an accident for which a patron seeks treatment at is
418 transported to a hospital or an urgent care center as those
419 terms are defined in chapter 395 or which has a mechanical,
420 structural, or electrical defect affecting patron safety; may
421 impound any other amusement ride of a similar make and model or
422 with similar operating characteristics; and may perform all
423 necessary tests to determine the cause of the accident or the
424 mechanical, structural, or electrical defect or to determine the
425 safety of the amusement ride and any other amusement ride of a

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426 similar make and model or with similar operating
427 characteristics. The cost of impounding the amusement ride and
428 performing the necessary tests must be borne by the owner of the
429 amusement ride.
430 (16) INSPECTION BY OWNER OR MANAGER.—Before opening on
431 each day of operation and before any inspection by the
432 department, the owner or manager of an amusement ride must
433 inspect and test each amusement ride to ensure compliance with
434 this section. Each inspection must be recorded at the time of
435 inspection on a form prescribed by department rule and signed by
436 the person who conducted the inspection. In lieu of the form
437 prescribed by department rule, the owner or manager may request
438 approval of an alternative form that includes, at a minimum, the
439 information required on the form prescribed by department rule.
440 Inspection records of the last 14 daily inspections must be kept
441 on site by the owner or manager and made immediately available
442 to the department upon request.
443 (17) TRAINING OF EMPLOYEES.—
444 (a) The department shall establish by rule minimum
445 training and retraining standards and the frequency of employee
446 training for all amusement rides.
447 (b) The owner or manager of an amusement ride shall
448 maintain a record of employee training for each employee
449 authorized to operate, assemble, disassemble, transport, or
450 conduct maintenance on an amusement ride on a form prescribed by

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451 department rule. In lieu of the form prescribed by department
452 rule, the owner or manager may request approval of an
453 alternative form that includes, at a minimum, the information
454 required on the form prescribed by department rule. The training
455 record must be kept on site by the owner or manager and made
456 immediately available to the department upon request. Training
457 may not be conducted when an amusement ride is open to the
458 public unless the training is conducted under the supervision of
459 an employee who is trained in the operation of that ride. The
460 owner or manager shall immediately document all training
461 following each training session and certify that each employee
462 is trained, as required by this section and any rules adopted
463 thereunder, on the amusement ride for which the employee is
464 responsible.
465 (19) IMMEDIATE FINAL ORDERS.—
466 (a) An amusement ride that fails to meet the requirements
467 of this section or pass the inspections required by this
468 section; that is involved in an accident for which a patron
469 seeks treatment at is transported to a hospital or an urgent
470 care center as those terms are defined in chapter 395; or that
471 has a mechanical, structural, or electrical defect that affects
472 patron safety may be considered an immediate seriou s danger to
473 the public health, safety, and welfare and, upon issuance of an
474 immediate final order prohibiting patron use of the ride, may
475 not be operated for patron use until it has passed a subsequent

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476 inspection by or at the direction of the department.
477 (b) An amusement ride of a similar make and model or with
478 similar operating characteristics to an amusement ride described
479 in paragraph (a) may be considered an immediate serious danger
480 to the public health, safety, and welfare and, upon issuance of
481 an immediate final order prohibiting patron use of the ride, may
482 not be operated for patron use until it has passed a subsequent
483 inspection by or at the direction of the department.
484 Section 3. This act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 1241 Safety Standards for Amusement Rides
by Rep. Bracy Davis
AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Bracy Davis (line 61):
• Removes and modifies provisions to lessen the fiscal impact on the Department of
Agriculture and Consumer Services.
• Removes duplicative provisions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Bracy Davis offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 61-390 and insert:
7 Section 2. Present paragraphs (j) through (q) and (r) through
8 (u) of subsection (3) of section 616.242, Florida Statutes, are
9 redesignated as paragraphs (k) through (r) and (t) through (w),
10 respectively, new paragraph (j) is added to that subsection and
11 a new paragraph (g) is added to subsection (6) of that section,
12 and paragraph (h) of subsection (3), paragraph (a) of subsection
13 (4), paragraph (b) of subsection (5), paragraphs (b) and (f) of
14 subsection (6), subsection (7), paragraph (a) of subsection (8),
15 paragraph (b) of subsection (11), subsections (12) and (14),

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

16 paragraphs (a) and (c) of subsection (15), and subsections (16),
17 (17), and (19) of that section are amended, to read:
18 616.242 Safety standards for amusement rides.—
19 (3) DEFINITIONS.—As used in this section, the term:
20 (h) "Major modification" means any change in the
21 structural characteristics, or operational characteristics, or
22 safety systems of an amusement ride which will alter its
23 performance or settings from those that specified in the
24 manufacturer's design criteria or operator's manual.
25 (j) "Ride commissioning and certification report" means a
26 commissioning and certification report by the ride manufacturer
27 which certifies that the ride has been designed, and
28 manufactured in conformance with the manufacturer's design
29 criteria, standards referenced in this section, and rules
30 adopted by the department.
31 (4) ADOPTION OF STANDARDS; RULES.—
32 (a) The department shall adopt by rule standards for
33 amusement rides. The rules must:
34 1. Be which are the same as or similar to the following
35 national standards:
36 a.1. ASTM International Committee F24 Standards on
37 Amusement Rides and Devices.
38 b.2. The National Electric Code Handbook.
39 c.3. National Fire Protection Association standards.
40
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

41 (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
42 (b) To apply for an annual permit, an owner or manager
43 must submit to the department a written application on a form
44 prescribed by department rule, which must include all of the
45 following:
46 1. The legal name, address, e-mail address, and primary
47 place of business of the owner or manager, as applicable.
48 2. A description, manufacturer's name, serial number,
49 model number, and, if previously assigned, the United States
50 Amusement Identification Number of the amusement ride.
51 3. A valid certificate of insurance for each amusement
52 ride.
53 4. If required under subsection (7), An annual affidavit
54 of compliance and nondestructive testing certifying that the
55 amusement ride was inspected in person by the affiant and that
56 the amusement ride is in general conformance with the
57 requirements of this section and all applicable department
58 rules. The affidavit must have been executed by a professional
59 engineer or a qualified inspector within the last calendar year.
60 5. The owner or manager shall, At no cost to the
61 department, provide the department an electronic copy of the
62 manufacturer's current recommended operating instructions, the
63 owner's operating fact sheet, and any written bulletins
64 concerning the safety, operation, or maintenance of the
65 amusement ride.
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Bill No. HB 1241 (2023)
Amendment No.1

66 6. Beginning July 1, 2023, a ride commissioning and
67 certification report for each permanent amusement ride operated
68 for the first time in this state after July 1, 2023.
69 (6) TEMPORARY AMUSEMENT RIDE PERMIT.—
70 (b) To apply for a permit, an owner or manager must sub mit
71 to the department a written application on a form prescribed by
72 department rule. The written application, which must include all
73 of the following:
74 1. The legal name, address, e-mail address, and primary
75 place of business of the owner or manager, as applicable.
76 2. A description, manufacturer's name, serial number,
77 model number, and, if previously assigned, the United States
78 Amusement Identification Number of the amusement ride.
79 3. A valid certificate of insurance for each amusement
80 ride.
81 4. If required under subsection (7), An affidavit of
82 compliance and nondestructive testing certifying that the
83 amusement ride was inspected in person by the affiant and that
84 the amusement ride is in general conformance with the
85 requirements of this section and all applicable department
86 rules. The affidavit must be executed by a professional engineer
87 or a qualified inspector.
88 5. The owner or manager shall, At no cost to the
89 department, provide the department an electronic copy of the
90 manufacturer's current recommended operating instructions, the
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Amendment No.1

91 operating fact sheet, and any written bulletins concerning the
92 safety, operation, or maintenance of the amusement ride.
93 (f) A temporary amusement ride is exempt from the required
94 permit if it is:
95 1. Used at a private event and was issued a permit within
96 the preceding 6 months; or
97 2. A kiddie ride used at a public event, provided that not
98 more than three amusement rides are at the event, the kiddie
99 rides at the event do not exceed a capacity of 12 persons, and
100 the kiddie ride passed a department inspection and was issued a
101 permit within the preceding 6 months. Unless the capacity of the
102 ride has been determined and specified by the manufacturer, the
103 department shall determine the capacity of the kiddie ride by
104 rule. An owner or a manager of a kiddie ride operating under
105 this exemption is responsible for ensuring that not more than
106 three amusement rides are operated at the event.
107 (g) The permit must be displayed in an accessible location
108 on the amusement ride.
109 (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. —
110 (a) Except as provided in paragraph (d), An owner or
111 manager may not operate an amusement ride unless the owner or
112 manager at all times has a current affidavit of nondestructive
113 testing from a professional engineer or qualified inspector that
114 the amusement ride has undergone nondestructive testing to
115 verify the integrity of all components for metal fatigue at
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Amendment No.1

116 least annually. The nondestructive testing for metal fatigue
117 must be conducted more often than annually if required by any
118 rule adopted under this section, by the manufacturer of the
119 amusement ride, or by the professional engineer or qualified
120 inspector executing the affidavit of nondestructive testing. The
121 nondestructive testing for metal fatigue must consist at least
122 of visual nondestructive testing, as well as nonvisual
123 nondestructive testing for metal fatigue, which must be
124 conducted on the components of the amusement ride as required by
125 any rule adopted under this section, by the manufacturer of the
126 amusement ride, or by the professional engineer or qualified
127 inspector executing the affidavit of nondestructive testing.
128 (b) Nonvisual nondestructive testing must be used to
129 verify the integrity of components that, due to their design,
130 location, installation, or a combination thereof, cannot be
131 adequately evaluated by other means.
132 (c) Nondestructive testing testings must be performed by a
133 technician who meets the requirements prescribed by dep artment
134 rule.
135 (d)(c) An affidavit of nondestructive testing, on a form
136 prescribed by department rule, must state, at a minimum, all of
137 the following:
138 1. That the amusement ride was inspected in person by the
139 affiant.

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Amendment No.1

140 2. That all of the manufacturer's nondestructive testing
141 requirements and recommendations are current.
142 3. That the nondestructive testing was performed by a
143 qualified nondestructive testing technician.
144 4. The components of the amusement ride for which the
145 manufacturer has recommended or required nondestructive testing.
146 5. The type of nondestructive testing required or
147 recommended by the manufacturer.
148 6. The frequency of the nondestructive testing required or
149 recommended by the manufacturer.
150 7. The components of the amusement ride for which the
151 affiant, in addition to the manufacturer's requirements and
152 recommendations, has recommended or required nondestructive
153 testing.
154 8. The type of nondestructive testing required or
155 recommended by the affiant in addition to the manufacturer's
156 requirements and recommendations. If the affiant does not
157 require or recommend additional nondestructive testing, the
158 affiant must affirm that the manufacturer's requirements are
159 sufficient for the safe operation of the amusement ride .
160 9. The frequency of the nondestructive testing as required
161 or recommended by the affiant.
162 10. That visual nondestructive testing is adequate for the
163 amusement ride to be in general conformance with the
164 requirements of this section and all applicable rules, only if
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Amendment No.1

165 only visual nondestructive testing is required or recommended by
166 the manufacturer or the affiant.
167 11. That the amusement ride is in conformance with the
168 requirements of this section and all applicable department
169 rules.
170 12. Whether the amusement ride has undergone a major
171 modification and, if so, the name of the manager, owner, or
172 operator who authorized the modification and the date the
173 modification took place.
174 13. That the amusement ride and its components are in
175 conformance with the service life specified by the manufacturer.
176 (e)(d) Nonvisual nondestructive testing is not required
177 for fun houses, houses of mirrors, haunted houses, mazes, wave
178 pools, wave-making devices, kiddie pools, slides that are fully
179 supported by an earthen mound, nonmotorized playground equipment
180 that requires a manager, or lazy-river-type nonmotorized
181 floating carriers propelled by water.
182 (8) DEPARTMENT INSPECTIONS.—
183 (a) In order to obtain an annual or a temporary amusement
184 ride permit, an amusement ride must be inspected by the
185 department.
186 1. A temporary amusement ride is exempt from the required
187 inspection if it is:
188 a. Used at a private event;

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Amendment No.1

189 b. A simulator, the capacity of which does not exceed 16
190 persons; or
191 c. A kiddie ride used at a public event, provided that not
192 more than three amusement rides are at the event, the kiddie
193 rides at the event do not exceed a capacity of 12 persons, and
194 the kiddie ride passed a department inspection and was issued a
195 permit within the preceding 6 months. The capacity of a kiddie
196 ride shall be determined by department rule, unless the capacity
197 of the ride has been determined and specified by the
198 manufacturer. Any owner or manager of a kiddie ride operating
199 under this exemption is responsible for ensuring that not more
200 than three amusement rides are operated at the event. The
201 department shall inspect permanent amusement rides 6 months
202 after the issuance of the annual permit. The required inspection
203 may be waived for a permanent amusement ride if it was inspected
204 and certified by an accredited trade organization as defined by
205 department rule.
206 (11) EXEMPTIONS.—
207 (b) All of the following are exempt from subsections (5),
208 (6), (8), and (9), but may be inspected by the department upon
209 request, following a complaint or pursuant to an accident that
210 is required to be reported under subsection (15), and such
211 exemption may be removed if the exempted amusement ride is found
212 to have been operating in a manner or circumstance that presents
213 a risk or resulted in a serious injury to patrons:
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Amendment No.1

214 1. Museums or other institutions principally devoted to
215 the exhibition of products of agriculture, industry, education,
216 science, religion, or the arts.
217 2. Conventions or trade shows for the sale or exhibit of
218 amusement rides if there are a minimum of 15 amusemen t rides on
219 display or exhibition and if any operation of such amusement
220 rides is limited to the registered attendees of the convention
221 or trade show.
222 3. Nonmotorized playground equipment that is not required
223 to have a manager.
224 4. Coin-actuated amusement rides designed to be operated
225 by depositing coins, tokens, credit cards, debit cards, bills,
226 or other cash money and which are not required to have a
227 manager, and which have a capacity of six persons or less.
228 5. Facilities described in s. 549.09(1)(a) when such
229 facilities are operating cars, trucks, or motorcycles only.
230 6. Battery-powered cars or other vehicles that are
231 designed to be operated by children 7 years of age or under and
232 that cannot exceed a speed of 4 miles per hour.
233 7. Mechanically driven vehicles that pull train cars,
234 carts, wagons, or other similar vehicles, that are not confined
235 to a metal track or confined to an area but are steered by an
236 operator and do not exceed a speed of 4 miles per hour.
237 8. A water-related amusement ride operated by a business
238 licensed under chapter 509 if the water-related amusement ride
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Page 10 of 13
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

239 is an incidental amenity and the operating business is not
240 primarily engaged in providing amusement, pleasure, thrills, or
241 excitement and does not offer day rates.
242 9. An amusement ride at a private, membership-only
243 facility if the amusement ride is an incidental amenity and the
244 facility is not open to the general public; is not primarily
245 engaged in providing amusement, pleasure, thrills, or
246 excitement; and does not offer day rates.
247 10. A nonprofit permanent facility registered under
248 chapter 496 which is not open to the general public.
249 (12) INSPECTION STANDARDS.—An amusement ride must conform
250 to all of the following standards:
251 (a) All mechanical, structural, and electrical components
252 that affect patron safety must be in good working order.
253 (b) All control devices, speed-limiting devices, brakes,
254 and safety equipment must be in good working order.
255 (c) Parts must be properly aligned and may not be bent,
256 distorted, cut, or otherwise injured to force a fit. Parts
257 requiring lubrication must be lubricated in the course of
258 assembly. Fastening and locking devices must be installed when
259 required for safe operation.
260 (d) The proper positioning, measurements, and
261 demonstration of proper patron loading procedures related to
262 patron safety restraint systems must be provided to the
263 department upon request.
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Page 11 of 13
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

264 (e) An amusement ride must be placed or secured with
265 blocking, cribbing, outriggers, guys, or other means so as to be
266 stable under all operating conditions.
267 (f)(e) Areas in which patrons may be endangered by the
268 operation of an amusement ride must be fenced, barricaded, or
269 otherwise effectively guarded against inadvertent contact.
270 (g)(f) Machinery used in or with an amusement ride must be
271 enclosed, barricaded, or otherwise effectively guarded against
272 inadvertent contact.
273 (h)(g) An amusement ride powered so as to be capable of
274 exceeding its maximum safe operating speed must be provided with
275 a maximum-speed-limiting device.
276 (i)(h) The interior and exterior parts of all patron-
277 carrying amusement rides with which a patron may come in contact
278 must be smooth and rounded and free from sharp, rough, or
279 splintered edges and corners, and from projecting studs, bolts,
280 and screws or other projections that might cause injury.
281 (j)(i) Signs that advise or warn patrons of age
282 restrictions, size restrictions, health restrictions, weight
283 limitations, or any other special consideration or use
284 restrictions, or lack thereof, required or recommended for the
285 amusement ride by the manufacturer must be prominently displayed
286 at the patron entrance of each amusement ride. If such rider
287 restrictions are not provided by the manufacturer, the owner or
288 manager must provide the department with documentation from the
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Page 12 of 13
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1241 (2023)
Amendment No.1

289 manufacturer or a licensed professional engineer stating that
290 such rider restrictions are not necessary for the safe operation
291 of the amusement ride.
292 (k)(j) All amusement rides presented for inspection as
293 ready for operation or in operation must comply with this
294 section and department rule.
295 (l)(k) A sign containing the toll-free number of the
296 department and informing patrons that they may contact the
297 department with complaints or concerns regarding the safe
298 operation of amusement rides must be posted in a manner
299 conspicuous to the public at each entrance of an a temporary
300 amusement ride facility. The department shall prescribe by rule
301 specifications for such signs.
302
303
304
305 -----------------------------------------------------
306 T I T L E A M E N D M E N T
307 Remove lines 17-19 and insert:
308 nondestructive testing; requiring the department to remove an

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Page 13 of 13
HB 1243
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1243 Pub. Recs./Safety Standards for Amusement Rides
SPONSOR(S): Bracy Davis and others
TIED BILLS: HB 1241 IDEN./SIM. BILLS: SB 904

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

2) Ethics, Elections & Open Government
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Department of Agriculture and Consumer Services’ (DACS) investigates accidents involving amusement rides
to evaluate the cause of the accident and impound a ride if it poses an immediate serious danger to public
health, safety and welfare. Currently, public records created during an active fair accident investigation are
available to the public. The disclosure of records during an active investigation may hinder the duration and
thoroughness of the investigation.

The bill provides:

• That all investigatory records made or received by DACS pursuant to an investigation are confidential
and exempt from public records until the investigation is no longer active or it is completed.
• That such exemption will be repealed on a specified date unless reviewed and saved from repeal.

The bill provides the following legislative intent: “The premature release of [investigative] records could
frustrate or thwart the investigation and impair the ability of the department to effectively and efficiently
administer the investigation.”

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

The bill is effective on the same date that HB 1241 or similar legislation takes effect, if such legislation is
adopted in the same legislative session or an extension thereof and becomes a law.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1243.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Access to Public Records

The Florida Constitution provides that the public has the right to inspect or copy records made or received
in connection with official governmental business. 1 The right to inspect or copy applies to the official
business of any public body, officer, or employee of the state, including all three branches of state
government, local governmental entities, and any person acting on behalf of the government. 2

Additional requirements and exemptions related to public records are found in various statutes and rules,
depending on the branch of government involved. For instance, ch. 119, F.S., provides requirements for
public records held by executive agencies.

Agency Records – The Public Records Act

Chapter 119, F.S., known as the Public Records Act, provides that all state, county and municipal records
are open for personal inspection and copying by any person, and that providing access to public records
is a duty of each agency. 3

A public record includes virtually any document or recording, regardless of its physical form or how it may
be transmitted. 4 The Florida Supreme Court has interpreted the statutory definition of “public record” to
include “material prepared in connection with official agency business which is intended to perpetuate,
communicate, or formalize knowledge of some type.” 5

The Florida Statutes specify conditions under which public access to public records must be provided.
The Public Records Act guarantees every person’s right to inspect and copy any public record at any
reasonable time, under reasonable conditions, and under supervision by the custodian of the public
record. 6 A violation of the Public Records Act may result in civil or criminal liability. 7

The Legislature may exempt 8 public records from public access requirements by passing a general law
by a two-thirds vote of both the House and the Senate. 9 The exemption must state with specificity the
public necessity justifying the exemption and must be no broader than necessary to accomplish the stated
purpose of the exemption. 10

1 FLA. CONST. art. I, s. 24(a).
2 Id.
3 S.119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal officer, department,

division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of
this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or
private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.”
4 S. 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs, films, sound

recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”
5 Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
6 S.119.07(1)(a), F.S.
7 S.119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those laws.
8 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
9 FLA. CONST. art. I, s. 24(c).
10 Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public meetings

exemption was unconstitutional because the statement of public necessity did not define important terms and did not justify the breadth
of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189 (Fla. 1st DCA 2004) (holding that a
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DATE: 3/25/2023
General exemptions from the public records requirements are contained in the Public Records Act. 11
Specific exemptions often are placed in the substantive statutes relating to a particular agency or
program. 12

When creating a public records exemption, the Legislature may provide that a record is “exempt” or
“confidential and exempt.” Custodians of records designated as “exempt” are not prohibited from
disclosing the record; rather, the exemption means that the custodian cannot be compelled to disclose
the record. 13 Custodians of records designated as “confidential and exempt” may not disclose the record
except under circumstances specifically defined by the Legislature. 14

Open Government Sunset Review Act

The Open Government Sunset Review Act 15 (the act) prescribes a legislative review process for newly
created or substantially amended 16 public records or open meetings exemptions, with specified
exceptions. 17 It requires the automatic repeal of such exemption on October 2nd of the fifth year after
creation or substantial amendment, unless the Legislature reenacts the exemption. 18

The act provides that a public records or open meetings exemption may be created or maintained only if
it serves an identifiable public purpose and is no broader than is necessary. 19

An exemption serves an identifiable purpose if it meets one of the following purposes and the Legislature
finds that the purpose of the exemption outweighs open government policy and cannot be accomplished
without the exemption:
• It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption; 20
• It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize the
individual’s safety. If this public purpose is cited as the basis of an exemption, however, only
personal identifying information is exempt; 21 or
• It protects information of a confidential nature concerning entities, such as trade or business
secrets. 22

In examining an exemption, the act directs the Legislature to carefully question the purpose and necessity
of reenacting the exemption. The act requires the Legislature to consider the following specific questions
in such a review: 23
• What specific records or meetings are affected by the exemption?
• Whom does the exemption uniquely affect, as opposed to the general public?
• What is the identifiable public purpose or goal of the exemption?

statutory provision written to bring another party within an existing public records exemption is unconstitutional without a public
necessity statement).
11 See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of examinations

administered by a governmental agency for the purpose of licensure).
12 See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the Department of

Revenue).
13 See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
14 WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
15 Section 119.15, F.S.
16 An exemption is considered to be substantially amended if it is expanded to include more records or information or to include

meetings as well as records. Section 119.15(4)(b), F.S.
17 S. 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the Legislature or

the State Court System are not subject to the Open Government Sunset Review Act.
18 S. 119.15(3), F.S.
19 S. 119.15(6)(b), F.S.
20 S. 119.15(6)(b)1., F.S.
21 S. 119.15(6)(b)2., F.S.
22 S. 119.15(6)(b)3., F.S.
23 S. 119.15(6)(a), F.S.

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• Can the information contained in the records or discussed in the meeting be readily obtained by
alternative means? If so, how?
• Is the record or meeting protected by another exemption?
• Are there multiple exemptions for the same type of record or meeting that it would be appropriate
to merge?

If the exemption is continued and expanded, then a public necessity statement and a two-thirds vote for
passage are required. 24 If the exemption is continued without substantive changes or if the exemption is
continued and narrowed, then a public necessity statement and a two-thirds vote for passage are not
required. If the Legislature allows an exemption to sunset, the previously exempt records will remain
exempt unless provided for by law. 25

Active Fair Accident Investigations

Currently, active fair accident investigations are available to the public. These public records are not
exempt or confidential under the Public Reports Act. DACS investigates accidents involving amusement
rides to determine the cause of the accident, determine if a ride can continue to operate, and impound a
ride if it poses an immediate serious danger to public health, safety and welfare. 26

DACS has stated that released information can hinder the ability of the Department to conduct a timely
and through inquiry. 27

Effect of Bill

The bill:
• Creates a public record exemption for investigatory records made or received by the
Department of Agriculture and Consumer Services. The public records exemption would stand
repealed on October 2, 2028, unless it is reenacted by the Legislature under the Open
Government Sunset Review Act.
• Provides a statement of public necessity which is to allow the department to effectively and
efficiently administer safety standards for amusement rides.
• Provides that releasing such records could jeopardize ongoing investigations. The Legislature
finds that the harm that may result from the release of these records outweigh public benefit
from the disclosure of the information.

Overall, the bill would permit DACS to withhold public records until the completion of the accident
investigation, so the investigation is not jeopardized.

B. SECTION DIRECTORY:
Section 1: Amends s. 616.242, F.S., by providing exemption from public records requirements for all
investigatory records made or received by the department pursuant to an active amusement ride
investigation; providing for future legislative review and repeal of exemption; providing a statement of
public necessity.
Section 2: Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

24 See generally s. 119.15, F.S.
25 S. 119.15(7), F.S.
26 Florida Department of Agriculture and Consumer Services, Fair Rides Inspection, https://fdacs.gov/Business-Services/Fairs/Fair-

Rides-Inspection (last visited March 24, 2023).
27 Department of Agriculture and Consumer Services, Analysis of 2023 House Bill 1243, p. 1.

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DATE: 3/25/2023
1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:

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:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.

Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement. The public necessity statement provides,
in part, that revealing the personal information of DACS inspectors and investigators and their
family members may place them in danger of physical and emotional harm from disgruntled
individuals whose businesses or professional practices have come under the scrutiny of DACS.

Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created or expanded public
record or public meeting exemption to be no broader than necessary to accomplish the stated
purpose of the law. The bill creates a public records exemption for sensitive investigative materials
and personal information, which does not appear to be broader than necessary to accomplish its
purpose.

B. RULE-MAKING AUTHORITY:
The bill neither requires nor authorizes administrative rulemaking by executive agencies.
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DATE: 3/25/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/25/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1243 2023

1 A bill to be entitled
2 An act relating to public records; amending s.
3 616.242, F.S.; providing an exemption from public
4 records requirements for all investigatory records
5 made or received by the Department of Agriculture and
6 Consumer Services pursuant to an active amusement ride
7 investigation for a specified timeframe; providing for
8 future legislative review and repeal of the exemption;
9 providing a statement of public necessity; providing a
10 contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (b) of subsection (14) of section
15 616.242, Florida Statutes, as amended by HB 1241, 2023 Regular
16 Session, is amended to read:
17 616.242 Safety standards for amusement rides.—
18 (14) ENTRY FOR INSPECTION OR INVESTIGATION.—
19 (b) The department shall prepare a written report of each
20 investigation it conducts. All investigatory records made or
21 received by the department pursuant to an investigation are
22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
23 of the State Constitution until such time as the investigation
24 is completed or ceases to be active. For purposes of this
25 paragraph, an investigation is considered active so lon g as the

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hb1243-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1243 2023

26 department is proceeding with reasonable dispatch and has a
27 reasonable good faith belief that additional information is
28 necessary and likely to be discovered which will allow the
29 department, following an accident, to make a final determination
30 of the cause and circumstances of the accident. This paragraph
31 is subject to the Open Government Sunset Review Act in
32 accordance with s. 119.15 and shall stand repealed on October 2,
33 2028, unless reviewed and saved from repeal through reenactment
34 by the Legislature.
35 Section 2. The Legislature finds that it is a public
36 necessity that all investigatory records made or received by the
37 Department of Agriculture and Consumer Services pursuant to an
38 amusement ride investigation by the department pursuant to s.
39 616.242, Florida Statutes, be made confidential and exempt from
40 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
41 State Constitution until the investigation is completed or
42 ceases to be active. The premature release of such records could
43 frustrate or thwart the investigation and impair the ability of
44 the department to effectively and efficiently administer s.
45 616.242, Florida Statutes. In addition, the release of such
46 records before completion of an active investigation could
47 jeopardize the ongoing investigation, thereby affecting the
48 ability of the department to effectively and efficiently
49 administer the investigation. Therefore, the Legislature finds
50 that the harm that may result from the release of investigatory

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HB 1243 2023

51 records made or received by the department pursuant to an
52 investigation by the department of a violation of s. 616.242,
53 Florida Statutes, outweighs the public benefit that may be
54 derived from the disclosure of the information.
55 Section 3. This act shall take effect on the same date
56 that HB 1241 or similar legislation takes effect, if such
57 legislation is adopted in the same legislative session or an
58 extension thereof and becomes a law.

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hb1243-00
HB 1341
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1341 Provision of Homeowners' Association Rules and Covenants
SPONSOR(S): Arrington
TIED BILLS: IDEN./SIM. BILLS: SB 788

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Civil Justice Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners and membership is a mandatory condition of parcel ownership. HOAs are
authorized to impose assessments that, if unpaid, may become a lien on the parcel. The HOA’s declaration of
covenants establishes the community’s basic covenants and restrictions. The rules and regulations typically
address matters of everyday policy.

An HOA must maintain certain records which constitute the official records of the HOA, which includes a copy
of the HOA’s declaration of covenants, amendments, and current HOA rules.

The official records must be maintained within the state for at least 7 years and must be made available to a
parcel owner for inspection or photocopying. An HOA may comply by having a copy of the official records
available for inspection or copying in the community or, at the option of the HOA, by making the records
available to a parcel owner electronically or by allowing the records to be viewed in electronic format on a
computer screen and printed upon request.

The bill requires an HOA to provide the following:
• Before October 1, 2023, a physical or digital copy of the HOA's rules and covenants to every member
of the HOA.
• A physical or digital copy of the HOA's rules and covenants to every new member of the HOA.
• An updated copy of the amended rules or covenants when an HOA's rules or covenants are amended
to every member of the association. An HOA may adopt rules establishing standards for the manner of
distribution and timeframe for providing copies of updated rules or covenants.

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

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

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1341.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

HOA Governing Documents

An HOA’s governing documents include the:
• Recorded declaration of covenants for a community and all duly adopted amendments thereto;
• HOA’s articles of incorporation and bylaws and any duly adopted amendments thereto; and
• Rules and regulations adopted under the authority of the recorded declaration, articles of
incorporation, or bylaws and any duly adopted amendments thereto. 4

The declaration of covenants, much like a constitution, establishes the community’s basic covenants
and restrictions. 5 The articles of incorporation establish the HOA’s existence, basic structure, and
governance. 6 The bylaws govern the HOA’s operation and administration, while the rules and
regulations typically supplement the other documents, addressing matters of everyday policy. 7

Unless otherwise provided in the governing documents or required by law, an HOA’s governing
documents may be amended by the affirmative vote of two-thirds of the HOA’s voting interests. 8 Within
30 days after recording a governing document amendment, the HOA must give its members copies
thereof unless a copy was provided to the members before the vote on the amendment, in which case
the HOA must only provide the members with notice of the amendment’s adoption. 9

Official Records

1 S. 720.301(9), F.S.
2 See generally ch. 720, F.S.
3 S. 720.311, F.S.
4 S. 720.301(8), F.S.
5 Joseph Adams, HOA Governing Documents Explained (July 1, 2018),

https://www.floridacondohoalawblog.com/2018/07/01/hoa-governing-documents-explained/ (last visited Mar. 25, 2023).
6 Id.
7 Id.
8 S. 720.306(1), F.S.
9 Id.
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An HOA must maintain each of the following items, when applicable, which constitute the official
records of the HOA: 10
• A copy of the HOA’s:
o declaration of covenants and each amendment,
o bylaws and each amendment,
o articles of incorporation and each amendment, and
o current rules.
• Copies of any plans, specifications, permits, and warranties related to improvements
constructed on the common areas or other property that the HOA is obligated to maintain,
repair, or replace.
• The minutes of all meetings of the board of directors and of the members, which minutes must
be retained for at least 7 years.
• A current roster of all members and their mailing addresses and parcel identifications. The HOA
must maintain the electronic mailing addresses and the numbers designated by members for
receiving notice sent by electronic transmission of those members consenting to receive notice
by electronic transmission. The electronic mailing addresses and numbers provided by unit
owners to receive notice by electronic transmission must be removed from HOA records when
consent to receive notice by electronic transmission is revoked. However, the HOA is not liable
for an erroneous disclosure of the electronic mail address or the number for receiving electronic
transmission of notices.
• All of the HOA’s insurance policies, which must be retained for at least 7 years.
• A current copy of all contracts to which the HOA is a party, including, without limitation, any
management agreement, lease, or other contract under which the HOA has any obligation or
responsibility. Bids received by the HOA for work to be performed must also be considered
official records and must be kept for a period of 1 year.
• The financial and accounting records of the HOA, kept according to good accounting practices.
All financial and accounting records must be maintained for a period of at least 7 years. The
financial and accounting records must include:
o Accurate, itemized, and detailed records of all receipts and expenditures.
o A current account and a periodic statement of the account for each member, designating
the name and current address of each member who is obligated to pay assessments,
the due date and amount of each assessment or other charge against the member, the
date and amount of each payment on the account, and the balance due.
o All tax returns, financial statements, and financial reports of the HOA.
o Any other records that identify, measure, record, or communicate financial information.
• A copy of the disclosure summary.
• Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to
voting by parcel owners, which must be maintained for at least 1 year after the date of the
election, vote, or meeting.
• All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.
• All other written records of the HOA which are related to the operation of the HOA.

Access to Official Records

The official records must be maintained within the state for at least 7 years and be made available to a
parcel owner for inspection or photocopying within 45 miles of the community or within the county in
which the HOA is located within 10 business days after receipt by the board or its designee of a written
request.

An HOA may comply by having a copy of the official records available for inspection or copying in the
community or, at the option of the HOA, by making the records available to a parcel owner
electronically via the Internet or by allowing the records to be viewed in electronic format on a computer
screen and printed upon request.

10 S. 720.303(4), F.S.
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If the HOA has a photocopy machine available where the records are maintained, it must provide
parcel owners with copies on request during the inspection if the entire request is limited to no more
than 25 pages. An association must allow a member or authorized representative to use a portable
device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning
or taking photographs, to make an electronic copy of the official records in lieu of providing the member
or authorized representative with a copy of such records. The association may not charge a fee to a
member or his or her authorized representative for the use of a portable device. 11

The failure of an association to provide access to the records within 10 business days after receipt of a
written request submitted by certified mail, return receipt requested, creates a rebuttable presumption
that the association willfully failed to comply with this requirement. 12

A member who is denied access to official records is entitled to the actual damages or minimum
damages for the HOA’s willful failure to comply with this requirement. The minimum damages are to be
$50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of
the written request. 13

The HOA may adopt reasonable written rules governing the frequency, time, location, notice, records to
be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any
proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to
inspect records to less than one 8-hour business day per month. 14

The following records are not accessible to members or parcel owners: 15
• Any record protected by the lawyer-client privilege as described in s. 90.502, F.S., and any
record protected by the work-product privilege.
• Information obtained in connection with the approval of the lease, sale, or other transfer of a
parcel.
• Information obtained in a gated community in connection with guests’ visits to parcel owners or
community residents.
• Personnel records of HOA or management company employees.
• Medical records of parcel owners or community residents.
• Personal identifying information of a parcel owner other than as provided for HOA notice
requirements, excluding the person’s name, parcel designation, mailing address, and property
address.
• Any electronic security measure that is used to safeguard data, including passwords.
• The software and operating system which allows the manipulation of data; however, the data is
part of the official records.
• All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.

Effect of the Bill

The bill requires an HOA to provide the following:
• Before October 1, 2023, a physical or digital copy of the HOA's rules and covenants to every
member of the HOA.
• A physical or digital copy of the HOA's rules and covenants to every new member of the HOA.
• An updated copy of the amended rules or covenants when an HOA's rules or covenants are
amended to every member of the association. An HOA may adopt rules establishing standards
for the manner of distribution and timeframe for providing copies of updated rules or covenants.

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

11 S. 720.303(5), F.S.
12 S. 720.303(5)(a), F.S.
13 S. 720.303(5)(b), F.S.
14 S. 720.303(5)(c), F.S.
15 S. 720.303(5)(c)1.-9., F.S.
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B. SECTION DIRECTORY:
Section 1: Amends s. 720.303, F.S., relating to rules and covenants of a homeowners’ association.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h1341.RRS PAGE: 5
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1341 2023

1 A bill to be entitled
2 An act relating to provision of homeowners'
3 association rules and covenants; amending s. 720.303,
4 F.S.; requiring an association to provide copies of
5 the association's rules and covenants to every member
6 before a specified date, and every new member
7 thereafter; requiring an association to provide
8 members with a copy of updated rules and covenants;
9 authorizing an association to adopt rules relating to
10 the standards and manner in which such copies are
11 distributed; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (13) is added to section 720.303,
16 Florida Statutes, to read:
17 720.303 Association powers and duties; meetings of board;
18 official records; budgets; financial reporting; association
19 funds; recalls.—
20 (13) REQUIREMENT TO PROVIDE COPIES OF RULES AND
21 COVENANTS.—
22 (a) Before October 1, 2023, an association shall provide a
23 physical or digital copy of the association's rules and
24 covenants to every member of the association.
25 (b) An association shall provide a physical or digital

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb1341-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1341 2023

26 copy of the association's rules and covenants to every new
27 member of the association.
28 (c) If an association's rules or covenants are amended,
29 the association must provide every member of the association
30 with an updated copy of the amended rules or covenants. An
31 association may adopt rules establishing standards for the
32 manner of distribution and timeframe for providing copies of
33 updated rules or covenants.
34 Section 2. This act shall take effect July 1, 2023.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb1341-00
HB 1521
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1521 Facility Requirements Based on Sex
SPONSOR(S): Plakon and others
TIED BILLS: IDEN./SIM. BILLS: SB 1674

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) Justice Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Currently, Florida law does not address whether all businesses, schools, hospitals or prisons are required to
provide separate restrooms or changing rooms for people based on their sex. However, the Florida Building
Code does require that certain businesses that are open to the public, like public lodging establishments and
restaurants, have at least one restroom that is available to the public. In addition, Florida law does not currently
make it a crime for a person of one sex to enter a restroom or changing room intended for use by the opposite
sex.

The bill creates the “Safety in Private Spaces Act.”

The bill:
 Requires public and private sector covered entities that maintain a restroom or changing facility to have
restrooms separately designated for males and females or a unisex restroom or changing facility.
 Limits instances when a person may enter a restroom or changing facility designated for the opposite
sex to the following circumstances:
o For assisting or chaperoning a minor child, elderly person, or disabled person.
o For law enforcement or governmental regulatory purposes.
o For emergency situations.
o For custodial, maintenance, or inspection purposes, if not in use.
o If the appropriate designated restroom or changing facility is out of order or under repair and the
opposite designated restroom or changing facility contains no person of the opposite sex.
 Makes it a second degree misdemeanor for a person 18 years of age or older to willfully enter a
restroom or changing facility designated for the opposite sex and refuse to immediately depart.
 Requires educational institutions to establish disciplinary procedures for violators under 18 years old.
 Requires all covered entities who must be licensed to operate in the state to submit documentation
regarding compliance with restroom and changing facilities requirements, as applicable, upon initial or
renewal application for licensure, after July 1, 2023.
 Requires domestic violence centers and correctional institutions to provide separate accommodations
for females and males, based on their sex.
 Makes covered entities who fail to comply with such requirements subject to penalties and licensure or
regulatory disciplinary action.
 Authorizes the Attorney General to bring a civil action to enforce these provisions against any covered
entity, to seek injunctive relief, and to impose a fine of up to $10,000 for any covered entity found to
have willfully violated such provisions.
 Directs fines collected to be deposited in the General Revenue Fund.

The bill may have an indeterminate fiscal impact on state and local government and the private sector.

The effective date of the bill is July 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1521.RRS
DATE: 3/25/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Restrooms and Building Codes

Until roughly 1850, there were no indoor toilet facilities in America. Everyone used outdoor restrooms to
meet basic human needs, which were mostly single-user and not sex-designated. The first regulation
requiring separate restroom facilities for men and women was passed in 1887 by Massachusetts, which
required the establishment of separate restrooms in businesses. “Wherever male and female persons
are employed in the same factory or workshop, a significant number of separate and distinct water-
closets, earth-closets, or privies shall be provided for the use of each sex and should be plainly
designated.” Mixed use of such facilities was also specifically prohibited in some states. Over the
course of the next thirty years, almost every state passed its own provision for separate restrooms for
men and women.1 Historians indicate that these laws were based on the social norms of the times and
the intention to protect women.2

These requirements were carried over in building codes throughout the U.S.3 Building codes in the U.S.
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of uniform
building standards. Typically, restroom requirements are based on a public building’s capacity to
determine how many restrooms should be built. Most codes mandate a minimum number of toilets and
urinals per sex. Previously, these requirements resulted in more facilities being made available for men
than for women, resulting in famously long lines for ladies’ rooms, which lead to “Potty Parity” laws.4
Florida’s law required three women’s toilets for every two for men in certain facilities.5 After various
changes over the years, Florida has settled on incorporating the International Plumbing Code into the
state building code which sets the number of toilets for the expected public use and size of a facility --
usually two female toilets for every one male depending on occupancy.6

The Florida Building Code provides that where plumbing fixtures are required, usually based on being
open to the public, separate facilities must be provided for each sex7 with correct signage8, with certain
exceptions.9 For example, family or assisted-use toilet facilities are permitted to serve as the required
separate facilities and are not required to be identified for exclusive use by either sex. 10 Single-user
toilet facilities and bathing rooms, and family or assisted-use toilet and bathing rooms, must be
identified for use by either sex.11

Requirements for restrooms may differ depending on the type of building or business. For example:
The Florida Building Code requires swimming pools with a bathing load of 20 persons or less to utilize
a unisex restroom. Pools with bathing loads of 40 persons or less may utilize two unisex restrooms or

1 TIME, Maya Rhodan, Why Do We Have Men's and Women's Bathrooms Anyway?, May 16, 2016,

https://time.com/4337761/h istory-sex-segregated-bathrooms/ (last visited Mar. 22, 2023).
2 Id. During this same period, separate facilities were required in almost every area of society for women’s safety. For example:

women’s reading rooms, and women’s train cars.
3 Suellen Hoy, Chasing Dirt, The American Pursuit of Cleanliness, Oxford University Press, Oct. 10, 1996.
4 New York Times, John Brach, New Ballpark Statistic: Stadium’s Toilet Ratio, April 12, 2009,

https://www.nytimes.com/2009/04/ 13/sports/baseball/13potty.html?auth=login -google1tap&login=google1tap (last visited on Mar.
22, 2023).
5 S. 553.141 (1997).
6 American Restroom Association, Potty Parity, Overview, https://americanrestroom.org/potty-parity/ (last visited Mar. 22, 2023). See

also, s. 553.86, F.S.
7 S. 553.86, F.S.
8 S. 403.4, F.B.C.
9 S. 403.2, F.B.C.
10 S. 403.2.1, F.B.C.
11 S. 403.1.2, F.B.C.
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meet the requirements based on square footage. Each such restroom must include a water closet, a
diaper change table, a urinal, and a lavatory. Pools with a bathing load larger than 40 persons must
provide separate sanitary facilities labeled for each sex. 12

Some states have specifically adopted laws related to restrooms and who is permitted to use them. For
example: In 2016, North Carolina enacted the Public Facilities Privacy & Security Act (Act). The Act
preempted any anti-discrimination ordinances passed by local communities and compelled schools and
state and local government facilities containing single-gender restrooms to only allow people of the
corresponding sex as listed on their birth certificate to use them. 13 In 2017, the portion of the Act
regarding restroom use was repealed and, in 2020, the portion that prohibited local governments from
passing anti-discrimination ordinances was sunset.14

Florida Public Lodging Establishments and Public Food Service Establishments

The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments 15 for the purpose of protecting the public health, safety, and welfare. 16 Public lodging
establishments are classified as a hotel, motel, vacation rental, nontransient apartment, transient
apartment, bed and breakfast inn, or timeshare project.17

According to Florida laws and regulations governing hotels and restaurants, each public lodging
establishment and each public food service establishment in the state is required to maintain public
restroom facilities in accordance with the Florida Building Code as approved by the local building
authority,18 and must meet the following requirements:
 Each transient establishment that does not provide private or connecting restrooms shall
maintain one public restroom on each floor for every 15 guests, or major fraction of that number,
rooming on that floor.19
 Each public lodging establishment and public food service establishment must be supplied with
potable water and provide adequate sanitary facilities for the accommodation of its employees
and guests. Such facilities may include, but are not limited to, showers, handwash basins,
toilets, and bidets, and must be connected to approved plumbing in accordance with the Florida
Building Code as approved by the local building authority. 20
 Each public lodging establishment and public food service establishment is required to provide
at least one conveniently located restroom facility for its employees and guests as approved by
the local building authority having jurisdiction.21
 Public access to restroom facilities may not be permitted through food preparation, storage, or
ware washing areas.22
 Restroom fixtures must be of readily cleanable sanitary design. Restroom facilities must be kept
clean, in good repair and free from objectionable odors. Restrooms must provide at least 20 foot
candles of light. The walls, ceilings and floors of all restroom facilities shall be kept in good
condition.23

12 S. 403.6, F.B.C.
13 North Carolina General Assembly, House Bill 2/SL 2016-3, https://www.ncleg.gov/BillLookup/2015E2/H2 (last visited Mar. 20,
2023).
14 North Carolina General Assembly, House Bill 142/SL 2017-4, https://www.ncleg.gov/BillLookup/2017/h142 (last visited Mar. 20,

2023).
15 S. 509.013(5)(a), F.S.
16 S. 509.241, F.S.
17 S. 509.242(1), F.S.
18 S. 509.221(2)(a), F.S.
19 S. 509.221(2)(c), F.S.
20 S. 509.221(1), F.S.
21 R. 61C-1.004, F.A.C.
22 Id.
23 Id.
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 Restrooms must be completely enclosed and have tight-fitting, self-closing doors, except
restrooms located in public lodging establishments or located outside a public food service
establishment, may have entrances and exits constructed in such a manner as to ensure
privacy of occupants. Restroom doors shall not be left open except during cleaning or
maintenance. Handwashing signs must be posted in each restroom used by employees.24
 In a restroom where more than one toilet is provided, each toilet must be separated by a
partition from adjoining fixtures and a door shall be provided which will partially conceal the
occupant from outside view.25
 Nontransient establishments, vacation rentals, and timeshare projects are exempt from the
provisions of this subsection.26

Federal Regulations Related to Restrooms

Enacted in 1970, the Occupational Safety and Health Act (OSHA) guarantees that employers will
provide all employees with safe work conditions. It includes accessibility to restrooms and sanitary
conditions.27 It provides that restroom facilities for employees must be made available based on the
knowledge that restroom restrictions can result in employees avoiding using restrooms entirely while at
work, which can lead to potentially serious physical injury or illness.

OSHA covers the number of water closets required depending on the number of employees. At work
sites with up to 15 employees, one water closet is expected to be provided; Otherwise, the standard is
one for every 40 employees. If employee restrooms are made available to the public, they must comply
with local building code requirements, and OSHA and ADA requirements.

Florida law requires all restrooms to be compliant with the Americans With Disabilities Act (ADA),
which, among other things, directs the provision of as-needed restroom breaks as a reasonable
accommodation for an employee who needs to use the facilities due to an injury, disability, or illness.

Requirements include that different facilities have to be provided for each sex unless the restrooms
themselves can be occupied by no more than one person and can be locked from the inside. Each
restroom is required to be a separate compartment, with a door, that is separated from the next by
partitions. Public restrooms must be completely closed and have tight-fitting doors that close properly to
ensure privacy. In addition, entrances and exits must be designed to promote an occupants' privacy.28

Family Restrooms

According to the American Restroom Association, ADA accessible single-stall restrooms are important
for people living with “special needs.” These restrooms allow people with special needs to visit
museums, parks, theaters, libraries and other public places. 29 Family style, unisex, or single-user
restrooms (often called handicapped restrooms) offer flexibility. Males or females, and one or more
individuals (i.e. family members), of the same or opposite sex, can use them. They can also provide
such amenities as two toilets, one for adults and one for children, and a changing table. 30

People with visible physical disabilities are not the only users of single-stall handicapped restrooms.
The single-stall washroom (whether it is called family style or handicapped washroom) provides a

24 Id.
25 Id.
26 Id.
27 29 CFR 1910.141(c)(1)(i).
28 Americans with Disabilities Act, ADA Title III Technical Assistance Manual, Covering Public Accommodations and Commercial

Facilities, https://archive.ada.gov/taman3.html; The ADA-Compliant Restroom, https://www.buildings.com/ada-
compliance/article/10191973/the-ada-compliant-restroom; ADACP, ADA guidelines for restroom accessibility
https://adacompliancepros.com/ada-guidelines-for-restroom -accessibility/
29 American Restroom Association, Family and Unisex Restrooms, https://americanrestroom.org/family-unisex-restrooms/ (last visited

Mar. 20, 2023).
30 Id.
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higher level of privacy than the multi-stall public restrooms. In addition, people using an ostomy pouch
often prefer the additional access space and increased privacy of a unisex restroom. 31

Pay Toilets

Currently, there is a shortage of public restrooms in U.S. cities. However, this wasn’t always the case.
Publicly-available for-pay restrooms used to be common in the U.S. In the early 1900s, they were
available at railroad stations, airports, bus stations, and highway rest stops. They were also common in
busy urban commercial districts. For the most part, people had to pay for the stalls, which opened with
coins, while urinals were free. By 1970, America had over 50,000 for-pay toilets.32

In the 1970s, several separate interests began dismantling this business model. One was the feminist
movement, which pointed out differences in charges - some companies charged for using commodes
or toilets, which were more expensive to operate than urinals, but did not charge for urinals. Another
was the Committee to End Pay Toilets in America (CEPTIA), a group of teenagers who got tired of
paying to use restrooms. As a result, states began passing legislation to ban for-pay restrooms.33

Instead of free public toilets available for all, public toilets pretty much disappeared from American
cities, since cities found it expensive and difficult to keep them safe and clean. By 1980, almost none
existed in the United States. In Europe, where there was no such movement, pay public toilets continue
to operate today. Today, in the United States, many complain that restrooms are unsafe, unclean, and
in disrepair, and have a reputation for attracting illegal activity.34 The resulting restroom shortage has
resulted in real inconvenience in cities, and sometimes public health problems.35

Federal Guidance, Recent Cases Related to the Use of Restrooms, Title IX, Title VII and
Discrimination Laws

Public debate, legal questions, and concerns exist regarding whether discrimination against a
transgender36 student or transgender employee constitutes discrimination “on the basis of sex.” Such
issues have multiple contexts, including debate over transgender restroom policies. Interpretations of
the protections are varied.

In June 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding that
under Title VII, prohibited “sex” discrimination includes prohibiting employers from discriminating
against employees because of an individual’s sexual orientation or gender identity. The Court reached
its conclusion by interpreting the Title VII’s statutory language, particularly the phrase “based on sex.”
The Court noted that it was only addressing the question of whether employees could be fired under
Title VII for their LGBTQ status and was not addressing issues such as “restrooms, locker rooms… or
anything else of the kind.”37

Title VII of the Civil Rights Act of 1964 is a federal law that protects employees against discrimination in
the workplace based on certain specified characteristics, including race, color, national origin, sex, and
religion. Title VII provides:

“It shall be an unlawful employment practice for an employer… to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any individual with respect

31 Id.
32 Catalyst, U.S. Cities Should Bring Back For-pay Toilets, https://catalyst.independent.org/2020/02/13/u-s-cities-should-bring-back-

for-pay-toilets/ (last visited Mar. 20, 2023).
33 Id.
34 Marketplace, Chelsea Wald, Shelf Life, What happened to America’s public toilets? , April 13, 2021,

https://www.marketplace.org/2021/04/13/what-happened-to-americas-public-toilets/ (last visited Mar. 22, 2023).
35 Id.
36 The term "transgender" is an "umbrella term for people whose gender identity and/or gender expression differs from what is

typically associated with the sex they were assigned at birth." Definition from the GLAAD Media Reference Guide,
http://www.glaad.org/reference/transgender (last visited Mar. 19, 2023).
37 Bostock v. Clayton County, Georgia, 590 U.S. __, 140 S. Ct. 1731, 1737 (2020).
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to his compensation, terms, conditions, or privileges of employment, because of such
individual’s race, color, religion, sex, or national origin.38

Title VII applies to employers in both the private and public sectors that have 15 or more employees. It
also applies to the federal government, employment agencies, and labor organizations.

Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). The Attorney General,
through the Employment Litigation Section (ELS) of the U.S. Department of Justice (DOJ) brings
lawsuits under Title VII against state and local government employers after the EEOC refers a
complaint to the DOJ and investigates employers when there is reason to believe that an employer’s
policy or practice discriminates against a group of job applicants or employees based on their race,
color, religion, sex (including sexual orientation and gender identity), or national origin.39

The U.S. Department of Education (USDOE) Office for Civil Rights (OCR) enforces, among other
statutes, Title IX of the Education Amendments of 1972,40 which protects people from discrimination
based on sex in education programs or activities that receive federal financial assistance. Title IX
states:

No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.41

Title IX applies to schools, local and state educational agencies, and other institutions that receive
federal financial assistance from the USDOE. These recipients include approximately 17,600 local
school districts, over 5,000 postsecondary institutions, and charter schools, for-profit schools, libraries,
and museums. Also included are vocational rehabilitation agencies and education agencies of 50
states, the District of Columbia, and territories of the United States.42 Title IX is enforced through
private causes of action against the federal funding recipient, and by federal agencies that provide
funding to the educational programs or activities.43

Guidance by Federal Agencies

Since 2016, the USDOE and DOJ have issued multiple guidance documents addressing whether Title
IX and Title VII apply to claims of discrimination in programs or activities based on gender identity or
sexual orientation.

In 2016, the DOJ and USDOE issued a letter44 containing “significant guidance” on how the
departments applied sex discrimination protections under Title IX to transgender students, including
access to restrooms, locker rooms, and similar facilities. Litigation challenging the enforceability of its
protections providing access to restrooms and other facilities that match a student’s gender identity

38 42 U.S.C. §§ 2000e - 2000e17 (as amended).
39 U.S. Department of Justice Employment Litigation Section, Laws We Enforce, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,
https://www.justice.gov/crt/laws -we-
enforce#:~:text=The%20Attorney%20General%2C%20through%20ELS,to%20the%20Depart ment%20of%20Justice . (last visited
Mar. 20, 2023).
40 20 U.S.C. 1681 through 1688; Pub. L. 100-259, 102 Stat. 28 (Mar. 22, 1988).
41 20 U.S.C. § 1681(a).
42 U.S. Department of Education Office of Civil Rights, Title IX and Sex Discrimination,

https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html (last visited Mar. 20, 2023).
43 Title IX is not the exclusive remedy for victims of sex discrimination in schools. In matters pertaining to public colleges,

universities, or school districts, 42 U.S.C. § 1983 provides an avenue for relief against state actors who deprive individuals of a
constitutional right. The Supreme Court has held that Title IX does not displace the availability of § 1983 claims based on the Equal
Protection Clause for plaintiffs alleging gender discrimination in schools. Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 248
(2009).
44 U.S. Department of Education, Dear Educator (June 23, 2021),

https://www2.ed.gov/about/offices/list/ocr/correspondence/stakeholders/educator-202106-tix.pdf (last visited Mar. 20, 2023).
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ensued.45 In 2017, the DOE and the DOJ rescinded the letter.46 The rescission letter indicated that the
original letter caused extensive litigation regarding school restrooms and locker rooms and pointed to
regard for the primary role of the States and local school districts in establishing educational policy. 47

In 2021, President Biden signed an executive order addressing implementation of non-discrimination48
protections 49 on the basis of “sex” related to Title IX and Title VII.50, The executive order cited the 2020
U.S. Supreme Court Bostock decision51 as the basis. However, the Supreme Court did not state that
“gender identity” is a protected characteristic. Instead, it held that discrimination on the basis of
“transgender status” is a form of sex discrimination. The court did not provide a definition for
transgender status.52 The USDOE53 issued guidance and the EEOC54 issued Technical Assistance
Document indicated that USDOE and EEOC would enforce Title VII and Title IX to require transgender
persons to be allowed to use facilities (restrooms, locker rooms, etc.) consistent with their gender
identity.55

In 2021, 20 states filed suit against the USDOE, the EEOC and the DOJ, alleging that the guidance
documents and Technical Assistance Document were unlawful. 56 On July 15, 2022, the U.S. District
Court for the Eastern District of Tennessee entered a preliminary injunction barring the EEOC and the
USDOE from enforcing guidance documents issued to interpret Title VII and Title IX to prohibit
discrimination based on sexual orientation and gender identity. 57 In March of 2022, the State of Texas
filed suit, arguing that the EEOC guidance does not coincide with law because it diverges from the
stated protections of Title VII as interpreted through Bostock. 58 In October, 2022, the U.S. District Court
for the Northern District of Texas held that the EEOC guidance addressing sexual orientation and
gender identity discrimination in the workplace is unlawful. The Court granted the state’s request
for declaratory judgment, declared the guidance unlawful, and vacated the guidance on a nationwide
basis.59

In June 2022, the USDOE released proposed changes to Title IX regulations for public comment
extending Title IX’s prohibition on discrimination based on sex to sexual orientation and gender identity,
giving such protections to transgender students.60

Cases Related to State and Local Policies

45 U.S. Department of Education, Dear Colleague Letter on Title IX Coordinators,

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201504-title-ix-coordinators.pdf (last visited Mar. 20, 2023).
46 Jackson Lewis, Trump Administration Rescinds Guidance on Transgender Rights under Title IX,

https://www.jacksonlewis.com/publication/trump-administration-rescinds-guidance-transgender-rights-under-title-ix (last visited Mar.
20, 2023).
47 U.S. Department of Justice and U.S. Department of Education, Dear Colleague Letter (Feb. 22, 2017),

http://i2.cdn.turner.com/cnn/2017/images/02/23/ 1atransletterpdf022317.pdf (Last visited Mar. 2023).
48 U.S. Department of Justice, Civil Rights Division, MEMORANDUM TO: Federal Agency Civil Rights Directors and General

Counsels, https://www.justice.gov/crt/page/file/1383026/download (last visited Mar. 19, 2023).
49 34 C.F.R. ch. I.
50 Executive Order 13988.
51 Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 1737 (2020).
52 Id.
53 U.S. Department of Education and U.S. Department of Justice, Confronting Anti-LGBTQI+ Harassment in Schools,

https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-tix-202106.pdf (last visited Mar. 20, 2023).
54 U.S. Equal Employment Opportunity Commission, Protections Against Employment Discrimination Based on Sexual Orientation or

Gender Identity, https://www.eeoc.gov/laws/guidance/protections-against-employment-discrimination-based-sexual-orientation-or-
gender (last visited Mar. 20, 2023); See also, JD Supra, District Court Enjoins EEOC and Department of Education Guidance
Protecting LGBTQ Rights, https://www.jdsupra.com/legalnews/district-court-enjoins-eeoc-and-7385661/ (last visited Mar. 20, 2023).
55 Id.
56 Tennessee. et al. v. U.S. Dep’t of Educ. et al., Case No. 3:21-cv-308 (E.D. Tenn.).
57 Id.
58 State of Texas v. EEOC, Case No. 2:21-cv-00194-Z.
59 Id.
60 U.S. Department of Education, The U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites

Public Comment, https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-
invites-public-comment (last visited Mar. 20, 2023).
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In 2020, the U.S. Fourth Circuit Court of Appeals determined that a Maryland local school board’s
policy refusing to allow a transgender student to use the school restroom that corresponds with their
gender identity violated both the Fourteenth Amendment Equal Protection Clause61 and Title IX. The
court further held that the school’s refusal to amend the student’s school records 62 to accurately reflect
gender, in accordance with driver’s license and birth certificate information, also violated the Equal
Protection Clause and Title IX.63 In 2021, the U.S. Supreme Court declined to hear the case, leaving
the appellate court decision in place, which says the school district discriminated against a transgender
student by not permitting the student to use a certain restroom at school.64

In 2022, the U.S. Eleventh Circuit Court of Appeals determined that a Florida local school board’s
policy requiring students to use the restroom corresponding to their biological sex was proper based
on both the U.S. Constitution and Title IX.65 The majority opinion provided that Title IX allows schools to
provide separate restrooms on the basis of biological sex.66 However, the dissenting opinions indicated
that the restroom policy was discriminatory because "[u]nderlying this sex-assigned-at-matriculation
restroom policy, … is the presumption that biological sex is accurately determinable at birth and that it
is a static or permanent biological determination.” 67

In October, 2022, the Florida State Board of Education adopted a rule requiring that if a school board or
charter school governing board has a policy or procedure that allows for separation of restrooms or
locker rooms according to some criteria other than biological sex at birth, the policy or procedure
must be posted on the district’s website or charter school’s website, and must be sent by mail to
student residences to fully inform parents. 68 The rule went into effect on November 22, 2022.69

Proposed Changes

The bill creates the "Safety in Private Spaces Act."

The bill provides the intent that “females and males should be provided restrooms and changing
facilities for their exclusive use in order to maintain public safety, decency, and decorum.”

The bill defines the following terms:
 "Changing facility" means a room in which two or more persons may be in a state of undress in
the presence of others, including, but not limited to, a dressing room, fitting room, locker room,
changing room, or shower room.
 "Correctional institution" means any state correctional institution as defined in s. 944.02, F.S.,
juvenile detention center or residential program as described in s. 985.03, F.S., county or
municipal detention facility as defined in s. 951.23, F.S., private correctional facility as defined in
s. 944.710, F.S., or any other facility used for the detention of adults or juveniles charged with or
convicted of a crime.
 "Covered entity" means any:
o Educational institution, as defined in s. 768.38, F.S.
o Public accommodations, as defined in s. 760.02(11), F.S.

61 The Fourteenth Amendment Equal Protection Clause pro vides that no state shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or proper ty, without due
process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
62 U.S. Department of State, Bureau of Consular Affairs, Gender Reassignment Applicants,

http://travel.state.gov/content/passports/english/passports/information/gender.html (last visited Mar. 19, 2023).
63 Grimm v. Gloucester County School Board, 972 F.3d 586 (Aug. 20, 2020).
64 U.S. Supreme Court, Order List: 594 U.S. (June 28, 2021), 20-1163 GLOUCESTER COUNTY SCHOOL BOARD V. GRIMM,

GAVIN The petition for a writ of certiorari is denied, https://www.supremecourt.gov/orders/courtorders/062821zor_6j37.pdf (last
visited Mar. 20, 2023).
65 Drew Adams v. School Board of St. John’s County, Florida , No. 18-13592 (December 30, 2022).
66 Florida Department of Highway Safety and Motor Vehicles, Gender Reassignment, http://fdhsmv.rapidinsites.com/answer/gender-

reassignment (last visited Mar. 19, 2023).
67 Id.
68 R. 64V-1.002, F.A.C.
69 R. 6A-10.086, F.A.C.
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o Public shelter space under s. 252.385, F.S.
o Service provider, as defined in s. 397.311(44), F.S.
o Health care facility, which means:
 Provider as defined in s. 408.803, F.S.;
 Provider with an active health care clinic exemption under s. 400.9935, F.S.;
 Continuing care facility with a certificate of authority under chapter 651, F.S.;
 Optical establishment permitted under s. 484.007, F.S.;
 Massage establishment licensed under s. 480.043, F.S.;
 Pharmacy as defined in s. 465.003, F.S.;
 Office described in s. 459.0138, F.S., which is required to register with the
Department of Health;
 Pain-management clinic registered under s. 458.3265, F.S.;
 Electrolysis facility licensed under 478.51, F.S.;
 Health care setting owned or operated by a health care practitioner as defined in
s. 456.001, F.S.; or
 Provider licensed under ch. 394, ch. 397, or part IV of ch. 468, F.S.
 "Female" means a person belonging, at birth, to the biological sex which has the specific
reproductive role of producing eggs.
 "Male" means a person belonging, at birth, to the biological sex which has the specific
reproductive role of producing sperm.
 "Restroom" means a room that includes one or more water closets. This term does not include a
unisex restroom.
 "Sex" means the classification of a person as either female or male based on the organization
of the body of such person for a specific reproductive role, as indicated by the person's sex
chromosomes, naturally occurring sex hormones, and internal and external genitalia present at
birth.
 "Unisex changing facility" means a room intended for a single-occupant or a family in which one
or more persons may be in a state of undress, including, but not limited to, a dressing room,
fitting room, locker room, changing room, or shower room that is enclosed in floor-to-ceiling
walls and accessed by a full door with a secure lock that prevents another individual from
entering while the changing facility is in use.
 "Unisex restroom" means a room that includes one or more water closets that is intended for a
single-occupant, or a family, and the room is enclosed in floor-to-ceiling walls and accessed by
a full door with a secure lock that prevents another individual from entering while the room is in
use.
 "Water closet" means a toilet or urinal.

The bill requires a covered entity that maintains a water closet to, at a minimum, have:
 A restroom designated for exclusive use by females and a restroom designated for exclusive
use by males; or
 A unisex restroom.

The bill requires a covered entity that maintains a changing facility to, at a minimum, have:
 A changing facility designated for exclusive use by females and a changing facility designated
for exclusive use by males; or
 A unisex changing facility.

The bill authorizes a person to enter a restroom or changing facility designated for the opposite sex
under the following circumstances:
 To accompany another person of the opposite sex for the purpose of assisting or chaperoning a
minor child, elderly person, or disabled person.
 For law enforcement or governmental regulatory purposes.
 To render emergency medical assistance or to intervene in any other emergency situation
where the health or safety of another person is at risk.
 For custodial, maintenance, or inspection purposes, provided that the restroom or changing
facility is not in use.
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 If the appropriate designated restroom or changing facility is out of order or under repair and the
opposite designated restroom or changing facility contains no person of the opposite sex.

The bill makes it a second degree misdemeanor for a person 18 years of age or older to:
 Willfully enter, for a purpose other than those allowed, a restroom or changing facility
designated for the opposite sex; and
 Refuse to immediately depart when asked to do so by another person present in the restroom
or changing facility.

A second degree is a second degree misdemeanor is punishable by a term of up to 60 days
imprisonment and a $500 fine.70

The bill requires each educational institution to establish in its code of student conduct disciplinary
procedures for any person under 18 years of age who:
 Willfully enters, for a purpose other than those purposes allowed, an educational institution
restroom or changing facility designated for the opposite sex; and
 Refuses to immediately depart when asked to do so by another person present in the restroom
or changing facility.

The bill requires a domestic violence center under chapter 39, F.S., to provide separate overnight
accommodations for females and males based on their sex. This requirement does not apply to mixed-
sex family units.

The bill requires a correctional institution to house females and males in its custody separately, based
on their sex. This requirement applies to all housing assignments in a correctional institution, including
temporary assignments.

The bill requires covered entities that are required to obtain a license to operate in the state to submit
documentation regarding compliance with the requirements for water closets and changing facilities, as
applicable, upon initial application for such license or on first renewal after July 1, 2023. Failure to
comply can result in licensure or regulatory disciplinary action, as applicable.

The bill authorizes the Attorney General to:
 Bring a civil action to enforce these provisions against any covered entity.
 Seek injunctive relief.
 Seek to impose a fine of up to $10,000 for any covered entity found to have willfully violated
these provisions.

The bill directs fines collected to be deposited in the General Revenue Fund.

The bill provides severability.

B. SECTION DIRECTORY:
Section 1: Creates s. 553.865, F.S.; providing a short title; providing legislative findings; providing
definitions; providing requirements for exclusive use of restrooms by gender; providing
requirements for exclusive use of changing facilities by gender; providing exceptions;
prohibiting willfully entering a restroom or changing facility designated for the opposite
sex and refusing to immediately depart when asked to do so by another person present
there; providing criminal penalties; providing requirements for exclusive use of domestic
violence centers by gender; providing requirements for correctional institutions; requiring
entities that receive state licenses to submit compliance documentation; authorizing the
Attorney General to bring enforcement actions; authorizing civil penalties; providing for
certain funds to be deposited in the General Revenue Fund.

70 Ss. 775.082, and 775.083, F.S.
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Section 2: Provides severability.

Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate. The Attorney General is authorized to impose a fine of up to $10,000 for violations.
Fines collected must be deposited in the General Revenue Fund.

2. Expenditures:
Indeterminate.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
Indeterminate.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate.

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:
This bill may implicate the Equal Protection Clause of the United States Constitution 71 and/or the
similar clause in the Florida Constitution.72 In general, sex-based discrimination by a state
government is subject to intermediate scrutiny. This standard requires the government to show that
its gender classification is substantially related to a sufficiently important government interest. 73

Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments Act of 1972, which
prohibit discrimination on the basis of sex, may be implicated. The U.S. Supreme Court has found
that under Title VII, prohibited “sex” discrimination includes prohibiting employers from discriminating

71 The 14th Amendment reads in pertinent part: "No State shall make or enforce any law which shall . . . deny to any person within its

jurisdiction the equal protection of the laws."
72 Article I, s. 2, Fla. Const., reads in pertinent part: "All natural persons, female and male alike, are equal before the law…"
73 Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).
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against employees because of an individual’s sexual orientation or gender identity. In this case, the
Court noted that it was only addressing the question of whether employees could be fired under Title
VII for their LGBTQ status and not issues such as “restrooms, locker rooms… or anything else of the
kind.”74

A recent en banc decision by the U.S. Eleventh Circuit Court of Appeals determined that a Florida
school board’s policy requiring students to use the restroom corresponding to their biological sex
comports with both the U.S. Constitution and Title IX. 75 The ruling creates a potential “circuit split”
among the nation’s federal appeals courts because both the Seventh Circuit and the Fourth Circuit
have ruled in favor of students wishing to use the restroom facilities consistent with their “gender
identity” rather than their sex at birth. Such circuit splits make it more likely that the U.S. Supreme
Court may take up the issue to ensure uniformity among the circuits on the issue.

B. RULE-MAKING AUTHORITY:
Covered state agencies may need to promulgate new or revise existing rules to implement the
requirements of the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The sponsor has indicated that an amendment will be filed that will clarify applicability.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

74 Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 1737 (2020).
75 Drew Adams v. School Board of St. John’s County, Florida , No. 18-13592 (December 30, 2022).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1521 2023

1 A bill to be entitled
2 An act relating to facility requirements based on sex;
3 creating s. 553.865, F.S.; providing a short title;
4 providing legislative findings; providing definitions;
5 providing requirements for exclusive use of restrooms
6 by gender; providing requirements for exclusive use of
7 changing facilities by gender; providing exceptions;
8 prohibiting willfully entering a restroom or changing
9 facility designated for the opposite sex and refusing
10 to immediately depart when asked to do so by another
11 person present there; providing criminal penalties;
12 providing requirements for exclusive use of domestic
13 violence centers by gender; providing requirements for
14 correctional institutions; requiring entities that
15 receive state licenses to submit compliance
16 documentation; authorizing the Attorney General to
17 bring enforcement actions; authorizing civil
18 penalties; providing for certain funds to be deposited
19 in the General Revenue Fund; providing severability;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 553.865, Florida Statutes, is created
25 to read:

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26 553.865 Private spaces.—
27 (1) This section may be cited as the "Safety in Private
28 Spaces Act."
29 (2) The Legislature finds that females and males should be
30 provided restrooms and changing facilities for their exclusive
31 use in order to maintain public safety, decency, and decor um.
32 (3) As used in this section, the term:
33 (a) "Changing facility" means a room in which two or more
34 persons may be in a state of undress in the presence of others,
35 including, but not limited to, a dressing room, fitting room,
36 locker room, changing room, or shower room.
37 (b) "Correctional institution" means any state
38 correctional institution as defined in s. 944.02, juvenile
39 detention center or residential program as described in s.
40 985.03, county or municipal detention facility as defined in s.
41 951.23, private correctional facility as defined in s. 944.710,
42 or any other facility used for the detention of adults or
43 juveniles charged with or convicted of a crime.
44 (c) "Covered entity" means any:
45 1. Educational institution, as defined in s. 768.38.
46 2. Public accommodations, as defined in s. 760.02(11).
47 3. Public shelter space under s. 252.385.
48 4. Service provider, as defined in s. 397.311(44).
49 5. Health care facility, which means any provider as
50 defined in s. 408.803; a provider with an active health care

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51 clinic exemption under s. 400.9935; a continuing care facility
52 with a certificate of authority under chapter 651; an optical
53 establishment permitted under s. 484.007; a massage
54 establishment licensed under s. 480.043, a pharmacy as defined
55 in s. 465.003, an office described in s. 459.0138 which is
56 required to register with the Department of Health; a pain -
57 management clinic registered under s. 458.3265; an electrolysis
58 facility licensed under 478.51; or any health care setting owned
59 or operated by a health care practitioner as defined in s.
60 456.001 or a provider licensed under chapter 394, chapter 397,
61 or part IV of chapter 468.
62 (d) "Female" means a person belonging, at birth, to the
63 biological sex which has the specific reproductive role of
64 producing eggs.
65 (e) "Male" means a person belonging, at birth, to the
66 biological sex which has the specific reproductive role of
67 producing sperm.
68 (f) "Restroom" means a room that includes one or more
69 water closets. This term does not include a unisex restroom.
70 (g) "Sex" means the classification of a person as either
71 female or male based on the organization of the body of such
72 person for a specific reproductive role, as indicated by the
73 person's sex chromosomes, naturally occurring sex hormones, and
74 internal and external genitalia present at birth.

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75 (h) "Unisex changing facility" means a room intended for a
76 single-occupant or a family in which one or more persons may be
77 in a state of undress, including, but not limited to, a dressing
78 room, fitting room, locker room, changing room, or shower room
79 that is enclosed in floor-to-ceiling walls and accessed by a
80 full door with a secure lock that prevents another individual
81 from entering while the changing facility is in use.
82 (i) "Unisex restroom" means a room that includes one or
83 more water closets that is intended for a single-occupant, or a
84 family, and the room is enclosed in floor-to-ceiling walls and
85 accessed by a full door with a secure lock that prevents ano ther
86 individual from entering while the room is in use.
87 (j) "Water closet" means a toilet or urinal.
88 (4) A covered entity that maintains a water closet must,
89 at a minimum, have:
90 (a) A restroom designated for exclusive use by females and
91 a restroom designated for exclusive use by males; or
92 (b) A unisex restroom.
93 (5) A covered entity that maintains a changing facility
94 must, at a minimum, have:
95 (a) A changing facility designated for exclusive use by
96 females and a changing facility designated for exclusive use by
97 males; or
98 (b) A unisex changing facility.

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99 (6) For purposes of this section, a person may enter a
100 restroom or changing facility designated for the opposite sex
101 under the following circumstances:
102 (a) To accompany another person of the opposite sex for
103 the purpose of assisting or chaperoning a minor child, elderly
104 person, or disabled person.
105 (b) For law enforcement or governmental regulatory
106 purposes;
107 (c) For the purpose of rendering emergency medical
108 assistance or to intervene in any other emergency situation
109 where the health or safety of another person is at risk;
110 (d) For custodial, maintenance, or inspection purposes,
111 provided that the restroom or changing facility is not in use;
112 or
113 (e) If the appropriate designated restroom or changing
114 facility is out of order or under repair and the opposite
115 designated restroom or changing facility contains no person of
116 the opposite sex.
117 (7) A person 18 years of age or older who willfully
118 enters, for a purpose other than those listed in subs ection (6),
119 a restroom or changing facility designated for the opposite sex
120 and refuses to immediately depart when asked to do so by another
121 person present in the restroom or changing facility commits a
122 misdemeanor of the second degree, punishable as provi ded in s.
123 775.082 or s. 775.083.

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124 (8) Each educational institution shall establish in its
125 code of student conduct disciplinary procedures for any person
126 under 18 years of age who willfully enters, for a purpose other
127 than those listed in subsection (6), an educational institution
128 restroom or changing facility designated for the opposite sex
129 and refuses to immediately depart when asked to do so by another
130 person present in the restroom or changing facility.
131 (9) A domestic violence center under chapter 39 must
132 provide separate overnight accommodations for females and males
133 based on their sex. This requirement does not apply to mixed -sex
134 family units.
135 (10) A correctional institution must house females and
136 males in its custody separately, based on their sex . This
137 requirement applies to all housing assignments in a correctional
138 institution, including temporary assignments.
139 (11)(a) A covered entity that is required to obtain a
140 license to operate in the state shall submit documentation
141 regarding compliance with subsections (4) and (5), as
142 applicable, upon initial application for such license or on
143 first renewal after July 1, 2023.
144 (b) A covered entity that fails to comply with subsection
145 (4) or subsection (5) shall be subject to penalties under
146 paragraph (c) and is subject to licensure or regulatory
147 disciplinary action, as applicable.

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148 (c) The Attorney General may bring a civil action to
149 enforce this section against any covered entity. The Attorney
150 General may seek injunctive relief, and, for any covered entity
151 found to have willfully violated this section, the Attorney
152 General may seek to impose a fine of up to $10,000.
153 (d) Fines collected pursuant to paragraph (c) must be
154 deposited in the General Revenue Fund.
155 Section 2. If any provision of this act or its application
156 to any person or circumstances is held invalid, the invalidity
157 does not affect other provisions or applications of the act
158 which can be given effect without the invalid provision or
159 application, and to this end the provisions of this act are
160 severable.
161 Section 3. This act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 1521 by Rep. Plakon
Facility Requirements Based on Sex

AMENDMENT SUMMARY
March 28, 2023

Amendment 1 by Rep. Plakon (line 154):
• Provides an exception for individuals born with certain genetically or biochemically
verifiable disorders of sex development.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1521 (2023)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Plakon offered the following:
4
5 Amendment (with title amendment)
6 Between lines 154 and 155, insert:
7 (12) This section does not apply to individuals born with
8 a genetically or biochemically verifiable disorder of sex
9 development, including, but not limited to, 46, XX disorder of
10 sex development; 46, XY disorder of sex development; sex
11 chromosome disorder of sex development; XX or XY sex reversal;
12 and ovotesticular disorder.
13
14 -----------------------------------------------------
15 T I T L E A M E N D M E N T
16 Remove line 20 and insert:
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Published On: 3/25/2023 2:21:26 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1521 (2023)
Amendment No. 1

17 providing an exception for individuals born with certain
18 genetically or biochemically verifiable disorders of sex
19 development; providing an effective date.

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Published On: 3/25/2023 2:21:26 PM
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HB 1547
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1547 Technology Transparency
SPONSOR(S): McFarland
TIED BILLS: HB 1549 IDEN./SIM. BILLS: SB 262

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Justice Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Due to the growth in businesses that collect personal information for the purpose of selling targeted advertising on
the Internet, many countries and states have adopted or updated laws relating to the collection and use of personal
information. Specifically, the European Union, and states like California, Virginia, Colorado, and Illinois, have
enacted data privacy laws to protect consumers’ personal information.

The bill requires certain businesses to publish a privacy policy for personal information, and defines “personal
information” as information that is linked or reasonably linkable to an identified or identifiable consumer or
household, including biometric information and unique identifiers to the consumer. The term does not include certain
public information, certain employee information, or deidentified or aggregate information.

The bill gives consumers rights related to personal information collected by certain businesses with over $1 billion in
gross annual revenues, including:
• The right to access personal information collected;
• The right to delete or correct personal information; and
• The right to opt-out of the sale or sharing of personal information.

The bill provides that a social media platform that is predominantly accessed by children may not:
• Collect, sell, or share the personal information of any child if the controller has actual knowledge that
collecting, selling, or sharing such information may result in substantial harm or risk to the child.
• Use any deceptive patterns, techniques, mechanisms, or dark patterns to lead children to provide excess
personal information or to deceive children into making unintended or harmful decisions.

The bill allows the Department of Legal Affairs (DLA) to enforce such rights by bringing an action against, and
collecting civil penalties from, businesses that violate a consumer’s rights as provided in the bill. A consumer whose
personal information has been sold or shared after opting-out, or has been retained after a request to delete or
correct such information may also bring a cause of action on his or her own behalf.

The bill also adds “biometric information or genetic information” and “geolocation” to the definition of “personal
information” under the Florida Information Protection Act. As such, entities in possession of fingerprints, DNA, and
other biological or physiological identifying information, or geolocation data, must take reasonable measures to
protect biometric and genetic information and report data breaches.

The bill provides that certain government employees may not request that a social media platform remove content
or accounts and prohibits a governmental entity from working with a social media platform for the purpose of content
moderation, with certain exceptions.

The bill has no fiscal impact on local governments, and an indeterminate fiscal impact on state government.

The bill has 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.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Consumer Data Privacy – Current Situation

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce. 1
FDUTPA was modeled after the Federal Trade Commission (FTC) Act. 2

The DLA or the Office of the State Attorney (SAO) may bring actions on behalf of consumers or
governmental entities when it is a matter of public interest. 3 The SAO may enforce violations of
FDUTPA if the violations take place within its jurisdiction. The DLA has enforcement authority when the
violation is multi-jurisdictional, the state attorney defers to the DLA in writing, or the state attorney fails
to act within 90 days after a written complaint is filed. 4 In certain circumstances, consumers may also
file suit through private actions. 5

The DLA and the SAO have powers to investigate FDUTPA claims, which include: 6
• Administering oaths and affirmations;
• Subpoenaing witnesses or matter; and
• Collecting evidence.

The DLA and the State Attorney, as enforcing authorities, may seek the following remedies:
• Declaratory judgments;
• Injunctive relief;
• Actual damages on behalf of consumers and businesses;
• Cease and desist orders; and
• Civil penalties of up to $10,000 per willful violation. 7

FDUTPA may not be applied to certain entities in certain circumstances, including: 8
• Any person or activity regulated under laws administered by the Office of Insurance Regulation
or the Department of Financial Services; or
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.

Consumer Data

1 Ch. 73-124, L.O.F.; s. 501.202, F.S.
2 D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV. 1083

(Summer 2011).
3 S. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state attorney if a

violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the violation occurs in
more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within a specified period);
see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage; State Actions for
Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!Op
enDocument&Highlight=0,business,Division* (last visited on Mar. 25, 2023).
4 S. 501.203(2), F.S.
5 S. 501.211, F.S.
6 S. 501.206(1), F.S.
7 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may also

request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
8 S. 501.212(4), F.S.

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As technologies that capture and analyze data proliferate so do businesses' abilities to contextualize
consumer data. Businesses use such data for a range of purposes, including better understanding day-
to-day operations to increase revenue, making informed business decisions, learning about their
customer base, and tailoring marketing strategies. 9

From consumer behavior to predictive analytics, companies regularly capture, store, and analyze large
amounts of quantitative and qualitative data on their consumer base. Some companies have built an
entire business model around consumer data, which may include the company are selling personal
information to a third party or creating targeted ads for specific consumers. 10

Generally, the types of consumer data that businesses collect are: 11
• Personal data, which includes personally identifiable information, such as Social Security
numbers and gender, as well as identifiable information, including IP address, web browser
cookies, and device IDs;
• Engagement data, which details how consumers interact with a business's website, mobile
apps, social media pages, emails, paid ads, and customer service routes;
• Behavioral data, which includes transactional details such as purchase histories, product usage
information, and qualitative data; and
• Attitudinal data, which encompasses metrics on consumer satisfaction, purchase criteria,
product desirability, and more.

General Data Protection Regulation (European Union)

In 2016, The European Union passed a broad data privacy law that addressed several areas of
consumer rights and data protection called the General Data Protection Regulation (GDPR). 12 The law
became effective in 2018 and unified the regulatory approach to data privacy across the European
Union. The GDPR has since become a model for other data privacy laws in other countries, including
Chile, Japan, Brazil, South Korea, Argentina, and Kenya. 13

Under the GDPR, personal data includes anything that allows a person to be identified. Individuals,
organizations, and companies that are either “controllers” or “processors” of personal data are covered
by the law. Controllers exercise overall control of the purposes and means of processing personal data;
whereas processors act on behalf of, and only on the instructions of, the relevant controller. 14

Before processing or collecting any personal data, a business must explicitly request permission from
the subject or person to do so. The request must use clear language and is commonly referred to as a
data “opt-in.”

The GDPR specifically bans the use of lengthy documents filled with legalese to confuse or frustrate
the consumer. Hiding permissions to collect and use data within a contract’s Terms and Conditions or
Privacy Policy sections is not permissible under the GDPR. Consent must be given for a specific
purpose and must be requested separately from other documents and policy statements. 15

The GDPR requires companies to provide, at the data subject's request, confirmation as to whether
personal data pertaining to them is being processed, where it is being processed, and for what

9 Max Freedman, How Businesses Are Collecting Data (And What They’re Doing With It), Business News Daily (Jun. 17, 2020)

https://www.businessnewsdaily.com/10625-businesses-collecting-data.html (last visited Mar. 25, 2023).
10 Id.
11 Id.
12 European Data Protection Supervisor, The History of the General Data Protection Regulation, https://edps.europa.eu/data-

protection/data-protection/legislation/history-general-data-protection-regulation_en (last visited Mar. 25, 2023).
13 Id.
14 Wired, What is the GDPR? The Summary Guide to GDPR Compliance in the UK, https://www.wired.co.uk/article/what-is-gdpr-uk-eu-

legislation-compliance-summary-fines-2018 (last visited Mar. 25, 2023).
15 TechRepublic, GDPR: A Cheat Sheet, https://www.techrepublic.com/article/the-eu-general-data-protection-regulation-gdpr-the-smart-

persons-guide/ (last visited Mar. 25, 2023).
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purpose. A company must also provide, free of charge, a copy of the personal data being processed in
an electronic format to the consumer. 16

Under the GDPR, a company must erase all personal data when asked to do so by the subject
consumer. At that point, the company must cease further dissemination of the data and halt all
processing of that consumer’s data. Valid conditions for erasure include situations where the data is no
longer relevant, the original purpose has been satisfied, or a subject consumer withdraws consent. 17

The GDPR requires a company to provide mechanisms for a subject to receive any previously provided
personal data in a commonly used and machine-readable format. 18

The GDPR allows private rights of action for violations of privacy rights; however, the consumer must
prove any damages in order to receive compensation. 19

California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

The California Consumer Privacy Act of 2018 (CCPA) was passed to give consumers more control over
the personal information that businesses collect. This landmark law granted new privacy rights for
California consumers, including: 20
• The right to know about the personal information a business collects, specifically about the
consumer, and how it is used and shared;
• The right to delete personal information collected with some exceptions;
• The right to opt-out of the sale of personal information; and
• The right to non-discrimination for exercising the CCPA rights.

The CCPA applies to for-profit businesses that do business in California that also meet any of the
following: 21
• Have a gross annual revenue of over $25 million;
• Buy, receive, or sell the personal information of 50,000 or more California residents,
households, or devices; or
• Derive 50 percent or more of their annual revenue from selling California residents’ personal
information.

Businesses must give consumers certain notices explaining their privacy practices and provide certain
mechanisms to allow consumers to exercise their rights. 22

The law is largely enforced by the Attorney General, and businesses are subject to fines for violating
the law. A consumer may only bring a cause of action against a business if certain categories of
personal information tied to his or her name have been stolen in a nonencrypted and nonredacted
form. 23 As of July 2020, approximately 50 suits had been filed pursuant to this provision. 24

The California Privacy Rights Act (CPRA) passed in 2020 as a statewide proposition, though it is not
effective until January 1, 2023. The CPRA amends and expands the CCPA. Specifically dealing with
certain areas of concern with the CCPA, the CPRA created a new agency to handle complaints and
enforcement. The CPRA changes the CCPA by: 25

16 Id.
17 Id.
18 Id.
19 Art. 82 of the GDPR.
20 State of California Department of Justice, Office of the Attorney General, California Consumer Privacy Act (CCPA),

https://oag.ca.gov/privacy/ccpa (last visited Mar. 25, 2023).
21 Cal. Civ. Code s. 1798.140.
22 Cal. Civ. Code ss. 1798.130, 1798.135.
23 Cal. Civ. Code ss. 1798.150, 1798.155.
24 Holland & Knight LLP, Litigating the CCPA in Court, Litigating the CCPA in Court | Insights | Holland & Knight (hklaw.com)

(last visited Mar. 25, 2023).
25 Ballotpedia, California Proposition 24, Consumer Personal Information Law and Agency Initiative (2020),

https://ballotpedia.org/California_Proposition_24,_Consumer_Personal_Information_Law_and_Agency_Initiative_(2020) (last visited
Mar. 25, 2023).
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• Allowing a consumer to:
o Prevent businesses from sharing his or her personal information;
o Correct inaccurate personal information; and
o Limit businesses’ use of “sensitive personal information”—including precise geolocation;
race; ethnicity; religion; genetic data; private communications; sexual orientation; and
specified health information;
• Establishing California Privacy Protection Agency to additionally enforce and implement
consumer privacy laws and impose fines;
• Changing criteria for which businesses must comply with laws by:
o Doubling the CCPA’s threshold number of consumers or households from 50,000 to
100,000, resulting in reduced applicability of the law to small and midsize businesses;
o Expanding applicability to businesses that generate most of their revenue from sharing
personal information, not merely selling it; and
o Extending the definition to joint ventures or partnerships composed of businesses that
each have at least a 40 percent interest.
• Prohibiting businesses’ retention of personal information for longer than reasonably necessary;
• Tripling maximum penalties for violations concerning consumers under age 16; and
• Authorizing civil penalties for theft of consumer login information.

California Age-Appropriate Design Code Act

In 2022, California adopted the California Age-Appropriate Design Code Act (CAADCA), an
amendment to the CPRA, 26 legislation modelled on the United Kingdom’s Age Appropriate Design
Code, 27 which requires online platforms to adhere to strict default privacy and safety settings that
protect the best interest of children. 28 CAADCA covers children under 18 years of age and will be
effective July 1, 2024. 29

CAADCA requires certain businesses that provide an online service, product, or feature that is likely to
be accessed by children to comply with several new requirements and restrictions, including: 30
• Prohibitions on using any personal information that it knows or should know is materially
detrimental to a child’s physical or mental health and/or wellbeing; and
• Prohibitions on obscuring user interface features to deliberately defeat consent or manipulate
children into providing unnecessary personal information, otherwise called “dark patterns.”

Such businesses must complete a Data Protection Impact Assessment for any new feature they wish to
offer to the public if it is likely to be accessed by children, which will determine if any dark patterns are
employed, if there is an asymmetrical reward, or if targeted advertisements are deployed in a way that
could harm or exploit children. 31

Virginia Consumer Data Protection Act

On March 2, 2021, the Virginia Consumer Data Protection Act (VCDPA) was signed into law. 32 The
VCDPA, which becomes effective January 1, 2023, borrows from CCPA and GDPR. 33 Some argue that

26 Cal. Civil Code § 1798.99.28-.35
27 5Rights Foundation, California follows UK lead as child data protection law is passed, https://5rightsfoundation.com/in-

action/california-follows-uk-lead-as-child-data-protection-law-is-passed.html (last visited Mar. 2, 2023).
28 Office of Governor Gavin Newsome, Governor Newsom Signs First-in-Nation Bill Protecting Children’s Online Data and Privacy,

https://www.gov.ca.gov/2022/09/15/governor-newsom-signs-first-in-nation-bill-protecting-childrens-online-data-and-privacy/ (last visited
Mar. 2, 2023).
29 Cal. Civil Code § 1798.99.28-.35
30 Briana Kelly, Nelson Mullins Riley & Scarborough LLP, State of California Passes Bill to Protect Children Online, Jan. 26, 2023,

https://www.nelsonmullins.com/idea_exchange/alerts/privacy_and_data_security_alert/all/state-of-california-passes-bill-to-protect-
children-online (last visited Mar. 2, 2023).
31 Id.
32 JDSupra, Virginia’s Consumer Data Protection Act Has assed: What’s in It?, https://www.jdsupra.com/legalnews/virginia-s-consumer-

data-protection-act-1577777/ (last visited Mar. 25, 2023).
33 Sidley Austin LLP, East Coast Meet West Coast: Enter the Virginia Consumer Data Privacy Protection Act,

https://www.sidley.com/en/insights/newsupdates/2021/03/east-coast-meets-west-coast-enter-the-virginia-consumer-data-protection-act
(last visited Mar. 25, 2023).
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because Virginia was able to benefit from the experience of businesses that have spent the better part
of the last five years implementing GDPR or CCPA, the Virginia law may be a lighter implementation
task for companies. 34

Generally, with regard to personal data, the VCDPA grants consumers the right to access, correct,
delete, obtain a copy of, and opt-out of the processing of personal data for the purposes of targeted
advertising.

VCDPA contains exceptions for certain types of data and information governed by federal law. It
provides that the Attorney General has exclusive authority to enforce violations of the law, and does not
provide a private cause of action to a consumer. VCDPA applies to persons conducting business in the
state that either:
• Control or process personal data of at least 100,000 consumers; or
• Derive over 50 percent of gross revenue from the sale of personal data and control or process
personal data of at least 25,000 consumers. 35

Colorado Privacy Act

The Colorado Privacy Act (CPA) 36 was signed in to law on July 8, 2021, and is effective July 1, 2023.
The law also borrows from the GDPR, CCPA, and VDCPA. 37

Generally, with regard to personal data, the CPA grants a consumer the right to: 38
• Access data;
• Correct data;
• Delete data; and
• Move data across different services.

Like the CCPA and VCDPA, CPA contains exceptions for certain types of data and information
governed by federal law. It provides that the Attorney General has exclusive authority to enforce
violations of the law, and does not provide a private cause of action to a consumer. CPA applies to
persons conducting business in the state that either: 39
• Control or process personal data of 100,000 or more consumers during a calendar year; or
• Derive revenue or receive discounts from the sale of personal data and control or process data
of at least 25,000 consumers.

Illinois Biometric Information Privacy Act

In 2008, Illinois adopted the Biometric Information Privacy Act (BIPA), which puts in place safeguards
and procedures relating to the retention, collection, disclosure, and destruction of biometric information
and specifically protects the biometric information of those in the state. It was the first state law in the
U.S. to specifically regulate biometrics.

Under BIPA, a private entity: 40
• In possession of biometric data (defined as retina or iris scan, fingerprint, voiceprint, or scan of
hand or face geometry) must have a written policy establishing a retention schedule and
guidelines for permanently destroying such data;

34 Id.
35 Virginia’s Legislative Information System, Bill Summary for SB 1392, https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1392S

(last visited Mar. 25, 2023).
36 C.R.S. 1-6-1301-1313
37 The National Law Review, And Now There are Three…The Colorado Privacy Act, July 16, 2021,

https://www.natlawreview.com/article/and-now-there-are-three-colorado-privacy-
act#:~:text=Colorado%20has%20now%20joined%20California,effect%20on%20July%201%2C%202023. (last visited Mar. 25, 2023).
38 Id.
39 Id.
40 740 Ill. Comp. Stat. 14/10, 14/15 (2008).

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• May not collect, capture, purchase, receive through trade, or otherwise obtain biometric data
unless it informs the subject that the data is being stored and the manner of storage, and
receives a written release from the subject;
• May not profit from a person’s biometric data;
• May not disseminate a person’s biometric data unless the subject consents, is authorized by the
subject, or is required by law or a valid warrant or subpoena; and
• Must store, transmit, and protect biometric data with a reasonable standard of care and in a
manner as or more protective as other confidential and sensitive information.

BIPA provides a private cause of action, with relief including: 41
• Liquidated damages of $1,000 or actual damages, whichever is greater, against a private entity
that negligently violates BIPA;
• Liquidated damages of $5,000 or actual damages, whichever is greater, against a private entity
that intentionally or recklessly violates BIPA;
• Reasonable attorneys' fees and costs; and
• Other relief, including an injunction, as the court deems appropriate.

Because Illinois granted a private cause of action for violations of BIPA, there have been several
lawsuits claiming damages for privacy and use violations, and Illinois courts have upheld the law. On
January 25, 2019, the Illinois Supreme Court found that an individual does not need to allege an actual
injury or adverse effect, beyond violation of their rights under BIPA, to qualify as an aggrieved party.
Therefore, anyone whose biometric data is affected by a violation of BIPA may seek liquidated
damages or injunctive relief under the Act. 42 Court documents also tend to support the notion that an
individual in Illinois has a valid cause of action if his or her biometric data is taken without consent by a
private entity, including out-of-state entities, but it is subject to a finding of fact. 43

Additional States

Connecticut and Utah recently signed similar bills to Virginia and Colorado into law. There are also 18
other states that are actively considering data privacy bills. 44

Federal Laws Addressing Data Privacy

While there is no broad federal law addressing data privacy, generally, there are several industry-
specific laws that address the need to keep certain data private or protected.

Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 is a federal law that required
the creation of national standards to protect sensitive patient health information from being disclosed
without the patient’s consent or knowledge. The U.S. Department of Health and Human Services (HHS)
issued the HIPAA Privacy Rule 46 to implement the requirements of HIPAA. The HIPAA Security Rule
protects a subset of information covered by the Privacy Rule. 47

HIPAA’s Privacy Rule protects all "individually identifiable health information" held or transmitted by a
covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The

41 740 Ill. Comp. Stat. 14/20 (2008).
42 Rosenbach v. Six Flags Entertainment Corporation, 2019 IL 123186.
43 Rivera v. Google, Inc., 238 F.Supp.3d 1088 (N.D. Ill. 2017).; In re Facebook Biometric Information Privacy Litigation, 185 F.Supp.3d

1155 (N.D. Cal. (2016).; Norberg v. Shutterfly, Inc., 152 F.Supp.3d 1103 (N.D. Ill. 2015).
44 IAPP, US State Privacy Legislation Tracker, Mar. 17, 2023, https://iapp.org/resources/article/us-state-privacy-

legislation-tracker/ (last visited Mar. 25, 2023).
45 42 U.S.C. s. 1320.
46 45 C.F.R. ss. 160 and 164.
47 Centers for Disease Control and Prevention, Health Insurance Portability and Accountability Act of 1996 (HIPAA),

https://www.cdc.gov/phlp/publications/topic/hipaa.html (last visited Mar. 25, 2023).
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Privacy Rule calls this information "protected health information (PHI)" from being disclosed without the
patient’s consent or knowledge. 48

“Individually identifiable health information” is information, including demographic data, that relates to: 49
• The individual’s past, present or future physical or mental health or condition,
• The provision of health care to the individual, or
• The past, present, or future payment for the provision of health care to the individual.

The Privacy Rule excludes from protected health information employment records that a covered entity
maintains in its capacity as an employer and education and certain other records subject to, or defined
in, the Family Educational Rights and Privacy Act. 50

The Security Rule applies to the subset of identifiable health information a covered entity creates,
receives, maintains, or transmits in electronic form, and is called “electronic protected health
information” (e-PHI). The Security Rule does not apply to PHI transmitted orally or in writing. To comply
with the Security Rule, all covered entities must do the following: 51
• Ensure the confidentiality, integrity, and availability of all electronic protected health information;
• Detect and safeguard against anticipated threats to the security of the information;
• Protect against anticipated impermissible uses or disclosures; and
• Certify compliance by their workforce.

“Covered entities” who must abide by the Privacy Rule and the Security Rule are: 52
• Health plans;
• Healthcare providers;
• Healthcare clearinghouses; and
• Business associates.

Federal Policy for the Protection of Human Subjects

The Federal Policy for the Protection of Human Subjects, or the “Common Rule,” is a rule promulgated
by the U.S. Food and Drug Administration (FDA). 53 The Common Rule governs the ethical conduct of
research involving human subjects. Fifteen federal agencies and departments are party to this rule,
which first came into effect in 1981. The Common Rule has not been substantively updated since
1991. 54 Among other requirements, the Common Rule mandates that researchers protect the privacy of
subjects and maintain confidentiality of human subject data. 55

The FDA is a member of the International Council for Harmonisation of Technical Requirements for
Pharmaceuticals for Human Use, which brings together the regulatory authorities and pharmaceutical
industry to develop guidelines for pharmaceutical trials. 56

The Fair Credit Reporting Act

The Fair Credit Reporting Act 57 (FCRA) protects information collected by consumer reporting agencies
such as credit bureaus, medical information companies and tenant screening services. Information in a
consumer report cannot be provided to anyone who does not have a purpose specified in the FCRA.
Companies that provide information to consumer reporting agencies also have specific legal

48 Id.
49 45 C.F.R. s. 160.103.
50 20 U.S.C. s. 1232(g).
51 CDC, supra note 47.
52 45 C.F.R. ss. 160.102, 160.103.
53 21 C.F.R. §§ 50, 60.
54 U.S. Department of Health and Human Services, Federal Policy for the Protection of Human Subjects ('Common Rule'), Federal
Policy for the Protection of Human Subjects ('Common Rule | HHS.gov (last visited Mar. 25, 2023).
55 The University of Chicago, University Data Usage Guide, Sensitive Identifiable Human Subject Research Data,

https://dataguide.uchicago.edu/sensitive-identifiable-human-subject-research-data (last visited Mar. 25, 2023).
56 International Council for Harmonisation, https://www.ich.org/ (last visited Mar. 25, 2023).
57 15 U.S.C. s. 1681.

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obligations, including the duty to investigate disputed information. In addition, users of the information
for credit, insurance, or employment purposes must notify the consumer when an adverse action is
taken on the basis of such reports. 58

The Gramm-Leach-Bliley Act

The Gramm-Leach-Bliley Act 59 requires financial institutions, such as companies that offer consumers
financial products or services like loans, financial or investment advice, mortgages, or insurance, to
explain their information-sharing practices to their customers and to safeguard sensitive data. 60

The law requires that financial institutions protect information collected about individuals; it does not
apply to information collected in business or commercial activities.

In certain situations, consumers of a financial institution have opt-out rights from having their nonpublic
personal information shared with third parties. 61

Driver’s Privacy Protection Act

The Driver’s Privacy Protection Act of 1994 (DPPA) 62 protects the privacy of personal information
assembled by state departments of motor vehicles (DMVs).

The DPPA prohibits the release or use by any state DMV (or any officer, employee, or contractor
thereof) of personal information about an individual obtained by the DMV in connection with a motor
vehicle record, subject to certain exceptions, such as for legitimate government needs. It sets penalties
for violations and makes violators liable on a civil action to the individual to whom the released
information pertains. 63

DPPA also requires states to obtain permission from individuals before their personal motor vehicle
record may be sold or released to third-party marketers. 64

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) 65 protects the privacy of student education
records. The law applies to all schools that receive funds under an applicable program of the U.S.
Department of Education. FERPA gives parents certain rights with respect to their children's education
records. These rights transfer to the student when they reach the age of 18 or attend a school beyond the
high school level.

Schools may disclose, without consent, "directory" information such as a student's name, address,
telephone number, date and place of birth, honors and awards, and dates of attendance. However,
schools must tell parents and eligible students about directory information and allow parents and
eligible students a reasonable amount of time to request that the school not disclose directory
information about them. Schools must notify parents and eligible students annually of their rights under
FERPA. 66

58 The Federal Trade Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act (last

visited Mar. 25, 2023).
59 15 U.S.C. s. 6801.
60 The Federal Trade Commission, Gramm-Leach-Bliley Act, https://www.ftc.gov/tips-advice/business-center/privacy-and-

security/gramm-leach-bliley-act (last visited Mar. 25, 2023).
61 International Association of Privacy Processionals, In Brief: The Financial Privacy Requirements of the Gramm-Leach-Bliley Act,

https://iapp.org/media/pdf/knowledge_center/brief_requirements_GLBA.pdf (last Mar. 25, 2023).
62 18 U.S.C. s. 2721.
63 Electronic Privacy Information Center, The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State Motor Vehicle

Record, https://epic.org/privacy/drivers/ (last visited Mar. 25, 2023).
64 Id.
65 20 U.S.C. s. 1232(g); 34 C.F.R. s. 99.
66 United States Department of Education, Family Educational Rights and Privacy Act (FERPA),

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html (last visited Mar. 25, 2023).
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Children’s Online Privacy Protection Act (COPPA)

The Children’s Online Privacy Protection Act (COPPA) 67 and its related rules regulate websites’
collection and use of children’s information. The operator of a website or online service that is directed
to children, or that has actual knowledge that it collects children’s personal information (covered
entities), must comply with requirements regarding data collection and use, privacy policy notifications,
and data security.

A covered entity may not collect a child’s (individual under the age of 13) personal information without
the prior, verifiable consent of his or her parent. 68

COPPA requires covered entities to: 69
• Give parents direct notice of their privacy policies, including a description of their data collection
and sharing practices;
• Post a clear link to their privacy policies on their home page and at each area of their website
where they collect personal information from children;
• Institute procedures to protect the personal information that they hold;
• Ensure that any third party with which they share collected personal information implements the
same protection procedures; and
• Delete children’s personal information after the purpose for its retention has been fulfilled.

Violations of COPPA are deemed an unfair or deceptive act or practice and may therefore be
prosecuted by the FTC. COPPA also authorizes state attorneys general to enforce violations that affect
residents of their states. There is no criminal prosecution or private right of action provided for under
COPPA. 70

Consumer Data Privacy – Effect of the Bill

Overview

The bill creates s. 501.173, F.S., to establish consumer rights related to personal information, including:
• The right to access personal information collected specific to the individual consumer;
• The right to delete or correct personal information; and
• The right to opt out of the sale of sharing of personal information to third parties.

The bill defines “personal information” as information that identifies, relates to, or describes a particular
consumer or household, or is reasonably capable of being directly or indirectly associated or linked
with, a particular consumer or household. The term does not include public information from
government records; or deidentified or aggregate consumer information.

A controller that receives a verifiable consumer request to access, delete, correct, or opt-out must
comply with such consumer request, with certain exceptions. Exceptions include those for:
• Certain small businesses;
• Businesses which only use personal information to market its own products or services; and
• Businesses which only sell or share personal information as permitted under by certain federal
privacy laws.

Controllers may share personal information with a processor, even if a consumer has “opted out,” if the
processor processes information for a controller pursuant to a written contract which limits how the
processor uses such information.

67 16 C.F.R. pt. 312.
68 15 U.S.C. ss. 6502(a)-(b).
69 See, Federal Trade Commission, General Questions About the COPPA Rule: What is the Children’s Online Privacy Protection Rule?,

https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 25, 2023).
70 Federal Trade Commission, General Questions About the COPPA Rule: COPPA Enforcement, https://www.ftc.gov/tips-

advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 25, 2023).
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The DLA may bring a FDUTPA action against a controller, processor, or a third-party who violates the
provisions of the bill. As such, a controller, processor, or third party may be subject to certain civil
penalties and legal action.

Exceptions

The bill does not apply to the collection of personal information:
• Necessary for the sole purpose of sharing such personal information with a financial service
provider solely to facilitate short term, transactional payment processing for the purchase of
products or services.
• That is deidentified or aggregate consumer information.
• In compliance with federal, state, or local laws.
• In compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons
by federal, state, or local authorities.
• In cooperation with law enforcement agencies concerning conduct or activity that the controller,
processor, or third party reasonably and in good faith believes may violate federal, state, or
local law.
• Used for the purpose of exercising or defending legal rights, claims, or privileges.
• Collected through the controller’s direct interactions with the consumer, if collected in
accordance with the provisions of this section, that is used by such controller, or the processor
that the controller directly contracts with for advertising or marketing services, to advertise or
market products or services that are produced or offered directly by the controller. Such
information may not be sold, shared, or disclosed unless otherwise authorized under the bill.
• Used by a controller or processor to advertise or market products or services that are produced
or offered directly by the controller or processor as long as personal information is not sold,
shared, or disclosed to another party outside the consumer’s direct interaction with the controller
or processor.
• Collected by a controller of a natural person acting in the role of a job applicant, employee,
owner, director, officer, contractor, volunteer, or intern of the controller, to the extent the
personal information is collected and used solely within the context of the person’s role or
former role with the controller. Personal information includes employee benefit information.
• That is the protected health information for purposes of HIPAA and related regulations, and
patient identifying information for purposes of 42 C.F.R. Part 2, established pursuant to 42
U.S.C. s. 290dd-2.
• Collected by an entity or business associate governed by the privacy, security, and breach
notification rules issued by the U.S. Department of Health and Human Services in 45 C.F.R.
parts 160 and 164, or a program or a qualified service program defined in 42 C.F.R. part 2, to
the extent the entity, business associate, or program maintains personal information in the same
manner as medical information or protected health information and as long as the entity,
business associate, or program does not use personal information for targeted advertising in
conjunction with third parties and does not sell or share personal information to a third party
unless such sale or sharing is covered by an exception.
• Collected for purposes of research as defined in 45 C.F.R. s. 164.501, conducted in accordance
with the Federal Policy for the Protection of Human Subjects for purposes of 45 C.F.R. part 46,
the good clinical practice guidelines issued by the International Council for Harmonisation of
Technical Requirements for Pharmaceuticals for Human Use, the Federal Policy for the
Protection for Human Subjects for purposes of 21 C.F.R. Parts 50 and 56; or personal
information used or shared in research conducted in accordance with one or more of these
standards.
• Created for purposes of the federal Health Care Quality Improvement Act of 1986 and related
regulations, or patient safety work product for purposes of 42 C.F.R. part 3, established
pursuant to 42 U.S.C. s. 299b-21 through 299b-26.
• Is deidentified in accordance with 45 C.F.R. part 164 and that is derived from individually
identifiable health information, as described in HIPAA, or identifiable personal information,
consistent with the Federal Policy for the Protection of Human Subjects or the human subject
protection requirements of the FDA.

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• Used only for public health activities and purposes as described in 45 C.F.R. s. 164.512.
• Collected, processed, sold, or disclosed pursuant to the federal Fair Credit Reporting Act, 15
U.S.C. s. 1681 and implementing regulations.
• Is nonpublic personal information collected, processed, sold, or disclosed pursuant to the
Gramm-Leach-Bliley Act, 15 U.S.C. s. 6801 et seq. and implementing regulations.
• Of a financial institution as defined in the Gramm-Leach-Bliley Act, 15 U.S.C. ss. 6801 et seq. to
the extent the financial institution maintains personal information in the same manner as
nonpublic personal information, and as long as such financial institution does not use personal
information for targeted advertising in conjunction with third parties and does not sell or share
personal information to a third party unless such sale or sharing is covered by an exception.
• Collected, processed, sold, or disclosed pursuant to the federal Driver's Privacy Protection Act
of 1994, 18 U.S.C. ss. 2721 et. seq.
• Consisting of education information covered by the Family Educational Rights and Privacy Act,
20 U.S.C. s. 1232(g) and 34 C.F.R. part 99.
• That is collected as part of public or peer-reviewed scientific or statistical research in the public
interest.
• Necessary to fulfill the terms of a written warranty when such warranty was purchased by the
consumer or the product that is warranted was purchased by the consumer. Such information
may not be sold or shared unless otherwise authorized under the bill.
• Necessary for a product recall for a product purchased or owned by the consumer conducted in
accordance with federal law. Such information may not be sold or shared unless otherwise
authorized under the bill.
• Processed solely for the purpose of independently measuring or reporting advertising or content
performance, reach, or frequency pursuant to a contract with a controller that collected personal
information in accordance with this section. Such information may not be sold or shared unless
otherwise authorized under the bill.
• Shared between a manufacturer of a tangible product and authorized third-party distributors or
vendors of the product, as long as such personal information is used solely for advertising,
marketing, or servicing the product that is acquired directly through such manufacturer and such
authorized third-party distributors or vendors. Such personal information may not be sold or
shared unless otherwise authorized under the bill.

Definitions

The bill defines the following terms:
• “Aggregate consumer information” means information that relates to a group or category of
consumers, from which the identity of an individual consumer has been removed and is not
reasonably capable of being directly or indirectly associated or linked with, any consumer,
household, or device. The term does not include information about a group or category of
consumers used to facilitate targeted advertising or the display of ads online. The term does not
include personal information that has been deidentified.
• "Biometric information" means an individual's physiological, biological, or behavioral
characteristics, including an individual's deoxyribonucleic acid (DNA), that can be used, singly
or in combination with each other or with other identifying data, to establish individual identity.
The term includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm,
vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a
minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait
patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
• "Collect" means to buy, rent, gather, obtain, receive, or access any personal information
pertaining to a consumer by any means. The term includes, but is not limited to, actively or
passively receiving information from the consumer or by observing the consumer's behavior or
actions.
• "Consumer" means a natural person who resides in or is domiciled in this state, however
identified, including by any unique identifier, who is acting in a personal capacity or household
context. The term does not include a natural person acting on behalf of a legal entity in a
commercial or employment context.
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• "Controller" means:
o A sole proprietorship, partnership, limited liability company, corporation, association, or
legal entity that meets the following requirements:
 Is organized or operated for the profit or financial benefit of its shareholders or
owners;
 Does business in this state;
 Collects personal information about consumers, or is the entity on behalf of
which such information is collected;
 Determines the purposes and means of processing personal information about
consumers alone or jointly with others; and
 Has global annual gross revenues in excess of $1 billion, as adjusted in January
of every odd-numbered year to reflect any increase in the Consumer Price Index.
 Satisfies one of the following:
• Derives 50 percent or more of its global annual revenues from providing
targeted advertising or the sale of ads online; or
• Operates a consumer smart speaker and voice command component
service with an integrated virtual assistant connected to a cloud
computing service that uses hands-free verbal activation. A consumer
smart speaker and voice command component service does not include a
motor vehicle or speaker or device associated with or connected to a
vehicle.
o Any entity that controls or is controlled by controller. As used in this definition, the term
“control” means:
 Ownership of, or the power to vote, more than 50 percent of the outstanding
shares of any class of voting security of a controller;
 Control in any manner over the election of a majority of the directors, or of
individuals exercising similar functions; or
 The power to exercise a controlling influence over the management of a
company.
• “Deidentified” means information that cannot reasonably be used to infer information about or
otherwise be linked to a particular consumer, provided that the controller that possesses the
information:
o Takes reasonable measures to ensure that the information cannot be associated with a
specific consumer;
o Maintains and uses the information in deidentified form and not to attempt to reidentify
the information, except that the controller may attempt to reidentify the information solely
for the purpose of determining whether its deidentification processes satisfy the
requirements of this paragraph; and
o Contractually obligates any recipients of the information to comply with all the provisions
of this paragraph to avoid reidentifying such information.
o Implements business processes to prevent the inadvertent release of deidentified
information.
• “Department” means the Department of Legal Affairs.
• “Device” means a physical object associated with a consumer or household capable of directly
or indirectly connecting to the Internet.
• “Homepage” means the introductory page of an Internet website and any Internet webpage
where personal information is collected. In the case of a mobile application, the homepage is
the application's platform page or download page, a link within the application, such as the
"About" or "Information" application configurations, or the settings page, and any other location
that allows consumers to review the required notice.
• “Household” means a natural person or a group of people in this state who reside at the same
address, share a common device or the same service provided by a controller, and are
identified by a controller as sharing the same group account or unique identifier.
• "Personal information" means information that is linked or reasonably linkable to an identified or
identifiable consumer or household, including geolocation, biometric information, and unique
identifiers to the consumer. The term does not include consumer information that is:
o Consumer employment contract information;
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o Deidentified or aggregate consumer information; or
o Publicly and lawfully available information reasonably believed to be made available to
the public in a lawful manner without legal restrictions:
• From federal, state, or local government records.
• By a widely distributed media source.
• By the consumer or by someone to whom the consumer disclosed the
information unless the consumer has purposely and effectively restricted
the information to a certain audience on a private account.
• “Precise geolocation data" means information from technology, such as global positioning
system level latitude and longitude coordinates or other mechanisms, which directly identifies
the specific location of a natural person with precision and accuracy within a radius of 1,750
feet. The term does not include information generated by the transmission of communications or
any information generated by or connected to advance utility metering infrastructure systems or
equipment for use by a utility.
• “Processing” means any operation or set of operations that are performed on personal
information or on sets of personal information, regardless of whether by automated means.
• "Processor" means a sole proprietorship, partnership, limited liability company, corporation,
association, or other legal entity that is organized or operated for the profit or financial benefit of
its shareholders or other owners, that processes information on behalf of a controller and to
which the controller discloses a consumer's personal information pursuant to a written contract,
provided that the contract prohibits the entity receiving the information from retaining, using, or
disclosing the personal information for any purpose other than for the specific purpose of
performing the services specified in the contract for the controller, or as authorized.
• "Sell" means to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise
communicate orally, in writing, or by electronic or other means, a consumer's personal
information or information that relates to a group or category of consumers by a controller to
another controller or a third party for monetary or other valuable consideration.
• "Share" means to share, rent, release, disclose, disseminate, make available, transfer, or
access a consumer's personal information for advertising. The term includes:
o Allowing a third party to advertise to a consumer based on a consumer's personal
information without disclosure of the personal information to the third party.
o Monetary transactions, nonmonetary transactions, and transactions for other valuable
consideration between a controller and a third party for advertising.
• “Targeted advertising” means marketing to a consumer or displaying an advertisement to a
consumer when the advertisement is selected based on personal information used to predict
such consumer's preferences or interests.
• "Third party" means a person who is not the controller or the processor.
• "Unique identifier" means a persistent identifier that can be used to recognize a consumer, a
family, or a device that is linked to a consumer or a family, over time and across different
services, including, but not limited to, a device identifier; an Internet Protocol address; cookies,
beacons, pixel tags, mobile ad identifiers, or similar technology; a customer number, unique
pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic
identifiers that can be used to identify a particular consumer, family, or device that is linked to a
consumer or family. The term "family" means a custodial parent or guardian and any minor
children of whom the parent or guardian has custody, or a household.
• "Verifiable consumer request" means a request made by a consumer, by a parent or guardian
on behalf of a consumer who is a minor child, or by a person authorized by the consumer to act
on the consumer's behalf, that the controller can reasonably verify to be the consumer, pursuant
to rules adopted by the department. A verifiable consumer request is presumed to have been
made when requested through an established account using the controller's established
security features to access the account through communication features offered to consumers,
but a controller may not require the consumer to create or have an account with the controller in
order to make a verifiable consumer request.
• "Voice recognition feature" means the function of a device which enables the collection,
recording, storage, analysis, transmission, interpretation, or other use of spoken words or other
sounds.

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Controller Requirements and Consumer Data Collection Requirements and Responsibilities

The bill provides that a controller may not collect, without the consumer's authorization, a consumer's
precise geolocation data or personal information through the operation of a voice recognition feature.

The bill requires a controller that operates a search engine to provide a consumer with information of
how the controller's search engine algorithm prioritizes or deprioritizes political partisanship or political
ideology in its search results.

The bill requires a controller who collects personal information about a consumer to maintain an online
privacy policy and make such policy available on its homepage. The online privacy policy must include
the following information:
• Any Florida-specific consumer privacy rights;
• A list of the categories of personal information the controller collects or has collected about
consumers;
• The right to request deletion or correction of certain personal information; and
• The right to opt-out of the sale or sharing to third parties.

The bill requires a controller that collects personal information from the consumer to, at or before the
point of collection, inform the consumer of the categories of personal information to be collected and
the purposes for which the categories of personal information will be used.

The bill provides that a controller may not collect additional categories of personal information or use
personal information collected for additional purposes without providing the consumer with notice
consistent with the requirements of the bill.

The bill provides that a controller that collects a consumer's personal information must implement and
maintain reasonable security procedures and practices appropriate to the nature of the personal
information to protect the personal information from unauthorized or illegal access, destruction, use,
modification, or disclosure. A controller shall require any processors to implement and maintain the
same or similar security procedures and practices for personal information.

The bill requires a controller to adopt and implement a retention schedule that prohibits the use or
retention of personal information by the controller or processor:
• After the satisfaction of the initial purpose for which such information was collected or obtained;
• After the expiration or termination of the contract pursuant to which the information was
collected or obtained; or
• 3 years after the consumer's last interaction with the controller.

The required retention schedule does not apply to personal information reasonably used or retained to
do any of the following:
• Fulfill the terms of a written warranty or product recall conducted in accordance with federal
law.
• Provide a good or service requested by the consumer, or reasonably anticipate the request of
such good or service within the context of a controller's ongoing business relationship with the
consumer.
• Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
unauthorized, or illegal activity or access; or prosecute of those responsible for such activity or
access.
• Debug to identify and repair errors that impair existing intended functionality.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public
interest that adheres to all other applicable ethics and privacy laws when the controller's
deletion of the information is likely to render impossible or seriously impair the achievement of
such research, if the consumer has provided informed consent.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer's relationship with the controller or that are compatible with the context
in which the consumer provided the information.
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• Comply with a legal obligation, including any federal retention laws.
• Protect the controller's interests against existing disputes, legal action, or governmental
investigations.
• Assure the physical security of persons or property.

Consumer’s Right to Request a Copy of Personal Information Collected, Sold, or Shared

The bill provides that a consumer has the right to request that a controller that collects personal
information about the consumer disclose the personal information that has been collected, sold, or
shared by or on behalf of the controller. The bill provides that a consumer has the right to request that a
controller that collects, sells, or shares personal information about the consumer to disclose the
following to the consumer:
• The specific pieces of personal information which have been collected about the consumer.
• The categories of sources from which the consumer's personal information was collected.
• The specific pieces of personal information about the consumer which were sold or shared.
• The third parties to which the personal information about the consumer was sold or shared.
• The categories of personal information about the consumer which were disclosed to a
processor.

The bill requires a controller that collects, sells, or shares personal information about consumers to
disclose the requested information to the consumer upon receipt of a request.

The bill does not require a controller to retain, reidentify, or otherwise link any data that, in the ordinary
course of business is not maintained in a manner that would be considered personal information.

The bill requires a controller to deliver the information required or act on a verifiable consumer request
to a consumer free of charge within 45 calendar days after receiving a verifiable consumer request. The
response period may be extended once by 45 additional calendar days when reasonably necessary,
provided the controller informs the consumer of any such extension within the initial 45-day response
period and the reason for the extension. The information must be delivered in a portable and, to the
extent technically feasible, readily usable format that allows the consumer to transmit the data to
another entity without hindrance. A controller may provide the data to the consumer in a manner that
does not disclose the controller's trade secrets.

A controller is not obligated to provide information to the consumer if the consumer or a person
authorized to act on the consumer's behalf does not provide verification of identity or verification of
authorization to act with the permission of the consumer.

A controller may provide personal information to a consumer at any time, but may not be required to
provide personal information to a consumer more than twice in a 12-month period.

Such requirements to disclose information do not apply to personal information relating solely to
households.

Consumer Right to Correct or Delete Personal Information

The bill provides that a consumer has the right to request that a controller delete any personal
information about the consumer or about the consumer's child younger than 18 years of age which the
controller has collected from the consumer.

The bill requires a controller that receives a verifiable consumer request to delete the consumer's
personal information to delete the consumer's personal information from its records and direct any
processors to delete such information within 90 calendar days after receipt of the verifiable consumer
request.

A controller or a processor acting pursuant to its contract with the controller may not be required to
comply with a consumer's request to delete the consumer's personal information if it is reasonably
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necessary for the controller or processor to maintain the consumer's personal information to do any of
the following:
• Complete the transaction for which the personal information was collected.
• Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
• Provide a good or service requested by the consumer, or reasonably anticipate the request of
such good or service within the context of a controller's ongoing business relationship with the
consumer, or otherwise perform a contract between the controller and the consumer.
• Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
unauthorized, or illegal activity or access; or prosecute those responsible for such activity or
access.
• Debug to identify and repair errors that impair existing intended functionality.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public
interest that adheres to all other applicable ethics and privacy laws when the controller's
deletion of the information is likely to render impossible or seriously impair the achievement of
such research, if the consumer has provided informed consent.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer's relationship with the controller or that are compatible with the context
in which the consumer provided the information.
• Comply with a legal obligation, including any state or federal retention laws.
• Protect the controller's interests against existing disputes, legal action, or governmental
investigations.
• Assure the physical security of persons or property.

The bill allows a consumer to make a request that a controller correct inaccurate personal information
maintained by the controller about the consumer or about the consumer's child younger than 18 years
of age. A controller that receives a verifiable consumer request to correct inaccurate personal
information must use commercially reasonable efforts to correct such inaccurate information as
directed by the consumer and direct any processors to correct such information within 90 calendar days
after receipt of the verifiable consumer request. If a controller maintains a self-service mechanism to
allow a consumer to correct certain personal information, the controller may require the consumer to
correct his or her own personal information through such mechanism. A controller or a processor acting
pursuant to its contract with the controller is not required to comply with a consumer's request to correct
the consumer's personal information if it is reasonably necessary for the controller or processor to
maintain such information to do any of the following:
• Complete the transaction for which the personal information was collected.
• Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
• Detect security threats or incidents, protect against malicious, deceptive, fraudulent,
unauthorized, or illegal activity or access; or prosecute those responsible for such activity or
access.
• Debug to identify and repair errors that impair existing intended functionality.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer's relationship with the controller or that are compatible with the context
in which the consumer provided the information.
• Comply with a legal obligation, including any state or federal retention laws.
• Protect the controller's interests against existing disputes, legal action, or governmental
investigations.
• Assure the physical security of persons or property.

Consumer Right to Opt Out of the Sale or Sharing of Personal Information

The bill provides the consumer with the right to opt out at any time and to direct a controller that sells or
shares personal information about the consumer to third parties to not sell or share the consumer's
personal information. This right may be referred to as the right to opt out.

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The bill requires that a controller that sells or shares personal information to third parties to provide
notice to consumers that this information may be sold or shared and that consumers have the right to
opt out of the sale or sharing of their personal information.

The bill provides that a controller may not sell or share the personal information of a minor consumer if
the controller has actual knowledge that the consumer is not 18 years of age or older. However, if a
consumer is between 13 and 18, or if the parent or guardian of a consumer who is 12 years of age or
younger, affirmatively authorizes the sale or sharing of such consumer's personal information, then a
controller may sell or share such information. A controller that willfully disregards the consumer's age is
deemed to have actual knowledge of the consumer's age. A controller that complies with the verifiable
parental consent requirements of COPPA is deemed compliant with any obligation to obtain parental
consent.

The bill provides that a controller that has received direction from a consumer opting out of the sale or
sharing of the consumer's personal information is prohibited from selling or sharing the consumer's
personal information beginning 4 calendar days after receipt of such direction, unless the consumer
subsequently provides express authorization for the sale or sharing of the consumer's personal
information.

Form to Opt Out of the Sale or Sharing of Personal Information

The bill requires a controller, in a reasonably accessible format, to provide a clear and conspicuous link
on the controller's Internet homepage, entitled "Do Not Sell or Share My Personal Information," to an
Internet webpage that enables a consumer, a parent or guardian of a minor who is a consumer, or a
person authorized by the consumer, to opt out of the sale or sharing of the consumer's personal
information. A controller may not require a consumer to create an account in order to direct the
controller not to sell or share the consumer's personal information.

A controller may accept a request to opt out received through a user-enabled global privacy control,
such as a browser plug-in or privacy setting, device setting, or other mechanism, which communicates
or signals the consumer's choice to opt out.

A controller must respect the consumer's decision to opt out for at least 12 months before requesting
that the consumer authorize the sale or sharing of the consumer's personal information.

A controller may not use any personal information collected from the consumer in connection with the
submission of the consumer's opt-out request solely for the purposes of complying with the opt-out
request.

The bill allows a consumer to authorize another person to opt out of the sale or sharing of the
consumer's personal information on the consumer's behalf, and a controller must comply with an opt-
out request received from a person authorized by the consumer to act on the consumer's behalf,
pursuant to rules adopted by the DLA.

Actions Related to Consumers Who Exercise Their Rights

The bill provides that a controller may not deny goods or services to a consumer because the
consumer exercised any of the consumer's rights under the bill.

The bill allows a controller to charge a consumer who exercised any of the consumer's rights a different
price or rate, or provide a different level or quality of goods or services to the consumer, but only if that
difference is:
• Reasonably related to the value provided to the controller by the consumer's data, or
• Related to a consumer's voluntary participation in a financial incentive program, including a
bona fide loyalty, rewards, premium features, discounts, or club card program offered by the
controller.

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A controller may offer financial incentives, including payments to a consumer as compensation, for the
collection, sharing, sale, or deletion of personal information if the consumer gives the controller prior
consent that clearly describes the material terms of the financial incentive program. The consent may
be revoked by the consumer at any time. The bill prohibits a controller from using financial incentive
practices that are unjust, unreasonable, coercive, or usurious in nature.

Contracts and Roles

The bill requires that any contract between a controller and a processor must:
• Prohibit the processor from selling, sharing, retaining, using, or disclosing the personal
information for any purpose that violates this section;
• Prohibit the processor from retaining, using, or disclosing the personal information other than
for the purposes specified in the contract or agreement;
• Prohibit the processor from combining the personal information that the processor receives
from or on behalf of the controller with personal information that the processor receives from or
on behalf of another person or that the processor collects from its own interaction with the
consumer, provided that the processor may combine personal information to perform any
purpose specified in the contract or agreement and such combination is reported to the
controller.
• Govern the processor's personal information processing procedures with respect to processing
performed on behalf of the controller, including processing instructions, the nature and purpose
of processing, the type of information subject to processing, the duration of processing, and the
rights and obligations of both the controller and processor;
• Require the processor to return or delete all personal information under the contract to the
controller as requested by the controller at the end of the provision of services, unless retention
of the information is required by law; and
• Upon request of the controller, require the processor to make available to the controller all
personal information in its possession under the contract or agreement.

The bill provides that determining whether a person is acting as a controller or processor with respect
to a specific processing of data is fact-based and depends upon the context in which personal
information is to be processed. The contract between a controller and processor must reflect their
respective roles and relationships related to handling personal information. A processor that continues
to adhere to a controller's instructions with respect to a specific processing of personal information
remains a processor.

The bill provides that a third party that has collected personal information from a controller in
accordance with this section:
• May not sell or share personal information about a consumer unless the consumer is provided
an opportunity by such third party to opt out under this section. Once a third party sells or
shares personal information after providing the opportunity to opt out, the third party becomes a
controller under this section if the entity meets the definition of controller.
• May use such personal information from a controller to advertise or market products or services
that are produced or offered directly by such third party.

The bill requires a processor or third party to require any subcontractor to meet the same obligations of
such processor or third party with respect to personal information.

The bill provides that a processor or third party or any subcontractor thereof who violates any of the
restrictions imposed upon it under the bill is liable or responsible for any failure to comply. A controller
that discloses personal information to a third party or processor in compliance with the bill is not liable
or responsible if the person receiving the personal information uses it without complying with the
restrictions if, provided that at the time of disclosing the personal information, the controller does not
have actual knowledge or reason to believe that the person does not intend to comply.

The bill provides that any provision of a contract or agreement of any kind that waives or limits in any
way a consumer's rights under the bill, including, but not limited to, any right to a remedy or means of
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enforcement, is deemed contrary to public policy and is void and unenforceable. This section does not
prevent a consumer from declining to exercise the consumer's rights under the bill.

Social Media Platform Protection For Children

The bill provides that a social media platform 71 that is predominantly accessed by children may not:
• Collect, sell, or share the personal information of any child if the controller has actual knowledge
that collecting, selling, or sharing such information may result in substantial harm or risk to the
child.
• Use any deceptive patterns, techniques, mechanisms, or dark patterns to lead or encourage
children to provide personal information in excess of what is reasonably needed by the social
media platform to allow the child to use or participate in the platform.
• Use any deceptive patterns, techniques, mechanisms, or dark patterns to mislead or deceive
children into making unintended or harmful decisions on the platform.
• A social media platform that violates this subsection is subject to the remedies and penalties
under the bill.

Enforcement and Implementation

The bill provides that if DLA has reason to believe that any controller, processor, or third party is in
violation of the requirements of the bill, DLA may bring an action against such controller, processor, or
third party for an unfair or deceptive act or practice under FDUTPA. A consumer may not bring an
action under FDUTPA under the bill. DLA is permitted to bring an action against:
• Any person or activity regulated under laws administered by the Office of Insurance Regulation
or the Department of Financial Services; and
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.

In addition to other remedies under FDUTPA, the department may collect a civil penalty of up to
$50,000 per violation of the bill.

Civil penalties may be tripled if the violation involves:
• A consumer who the controller, processor or third party has actual knowledge is 18 or younger.
• Failure to delete or correct the consumer's personal information after receiving a verifiable
consumer request or directions from a controller to delete or correct such personal information
unless the controller, processor, or third party qualifies for an exception to the requirements to
delete or correct such personal information.
• Continuing to sell or share the consumer's personal information after the consumer chooses to
opt out.

After DLA has notified a controller, processor, or third party in writing of an alleged violation, DLA may
grant the controller, processor, or third party a 45-day period to cure the alleged violation. DLA may
consider the number of violations, the substantial likelihood of injury to the public, or the safety of
persons or property when determining whether to grant 45 days to cure. If the controller, processor, or
third party cures the alleged violation to the satisfaction of DLA and provides proof, DLA may not bring
an action for the alleged violation but in its discretion may issue a letter of guidance that indicates that
the controller, processor, or person will not be offered a 45-day cure period for any future violations. If
the controller, processor, or third party fails to cure the violation to the satisfaction of DLA within 45
calendar days, DLA may bring an action against the controller, processor, or third party for the alleged
violation. The bill clarifies that any action brought by DLA may only be brought on behalf of a Florida
consumer.

71 "Social media platform" means a form of electronic communication through which users create online communities to

share information, ideas, personal messages, and other content. The definition is the same as under newly-created s.
112.23, F.S.
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DLA may adopt rules to implement the bill, including standards for verifiable consumer requests,
enforcement, data security, and authorized persons who may act on a consumer's behalf.

The bill requires DLA to submit a report by February 1 each year to the President of the Senate and the
Speaker of the House of Representatives describing any actions taken by DLA to enforce the bill. The
report must be viewable on the DLA website and include statistics and relevant information detailing:
• The number of complaints received and the categories or types of violations alleged by the
complainant;
• The number and type of enforcement actions taken and the outcomes of such actions, including
the amount of penalties issued and collected;
• The number of complaints resolved without the need for litigation; and
• The status of the development and implementation of rules to implement the bill.

DLA may collaborate and cooperate with other enforcement authorities of the federal government or
other state governments concerning consumer data privacy issues and consumer data privacy
investigations if such enforcement authorities have restrictions governing confidentiality at least as
stringent as the restrictions provided in this section.
The bill provides that liability for a tort, contract claim, or consumer protection claim that is unrelated to
an action brought under the bill does not arise solely from the failure of a controller, processor, or third
party to comply with this section.

The bill provides that the bill does not establish a private cause of action.

The bill allows DLA to employ or use the legal services of outside counsel and the investigative
services of outside personnel to fulfill the obligations of the bill.

Jurisdiction

For purposes of bringing an action under the bill, any controller which collects, shares, or sells the
personal information of a Florida consumer is considered to be both engaged in substantial activities
within Florida, and is operating, conducting, engaging in, or carrying on a business, and doing business
in Florida; and is therefore subject to the jurisdiction of Florida courts.

Preemption

The bill provides that consumer data privacy is a matter of statewide concern and the bill supersedes
all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county,
municipality, or local agency regarding the collection, processing, sharing, or sale of consumer
personal information by a controller or processor. The regulation of the collection, processing, sharing,
or sale of consumer personal information by a controller or processor is preempted to the state.

Legal Affairs Revolving Trust Fund

The bill provides that all moneys recovered by the Attorney General for attorney fees, costs, and
penalties in an action for a violation of the bill must be deposited in the fund in the State Treasury the
Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose
of funding investigation, prosecution, and enforcement by the Attorney General.

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Comparison Chart of Consumer Data Privacy Laws 72

Comparison of Consumer Data Privacy Laws
Provision Colorado Virginia California European Union 2023 HB 1547
Opt-In or Opt-Out Opt-Out Opt-Out Opt-Out Opt-In Opt-Out
of Sale of Personal
Information
Opt-In or Opt-Out
of Sensitive
Opt-In Opt-In Opt-Out Opt-In X
Information
Processing
🗸🗸 🗸🗸 🗸🗸 X 🗸🗸
Cure Period Before 60 Days 30 Days 30 Days 45 Days
Government (Repeals 2025) (AG Discretion)
Enforcement
Right to Appeal
Denials or Requests 🗸🗸 🗸🗸 X X X
Express Obligations
for Deidentified Data 🗸🗸 🗸🗸 X X 🗸🗸
Requirement to
Perform Data 🗸🗸 🗸🗸 🗸🗸 🗸🗸 X
Assessments
Private Right of
Action
X X 🗸🗸 🗸🗸 X
Greater of $100- Actual damages
$750 or actual
damages
Government Attorney General Attorney General Attorney General, Information Attorney General
Enforcement Agency CPPA Commissioner’s
Office
Government Up to $20,000 per Up to $7,500 per Up to $2,500 per Up to €20 million, or Up to $50,000 per
Enforcement violation violation unintentional 4% of worldwide violation, which can
Penalties violation, and up to annual revenue per be tripled in certain
$7,500 per violation circumstances
intentional violation

Operative Date 07/01/23 01/01/23 01/01/23 05/25/18 07/01/23

Applicability Either: Either: Meets any of the Either: •Global gross annual
Thresholds •Controls/Processes •Controls/Processes following: •Any E.U. business revenue over $1 bil;
For data of at least data of at least •Gross annual which processes and either
Business/Controller 100,000 consumers 100,000 consumers revenue of over $25 consumer data; or •Operates a certain
per year; or per year; or mill; •Any worldwide smart speaker; or
•Derives revenue •Derives over 50% •Processes data of business that offers •Derives 50% or
from sale of data from of revenue from sale 100,000 or more goods/services to or more global annual
at least 25,000 of data from at least consumers; or monitors behavior of revenue from data
consumers per year 25,000 consumers •Derives at least E.U. individuals sales
per year 50% or more of
revenue from data
sales

Florida Information Protection Act – Current Situation

In 2014, Florida passed the Florida Information Protection Act (FIPA). 73 FIPA requires commercial
covered entities 74 and government entities which hold personal information to take reasonable
measures to protect such information and report data breaches to affected consumers. 75

FIPA defines “personal information” as:

72 See JDSupra, Virginia Is For Lovers…Of Data Privacy, https://www.jdsupra.com/legalnews/virginia-is-for-lovers-of-data-privacy-

3879845/ (last visited Mar. 25, 2023).
73 S. 501.171, F.S.; Fla. SB 1524 (2014) (FIPA expanded and updated Florida’s data breach disclosure laws contained in s. 817.5681,

F.S. (2013), which was adopted in 2005 and repealed in 2014.)
74 “Covered entity” means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial

entity that acquires, maintains, stores, or uses personal information. S. 501.171(1)(b), F.S.
75 Florida Office of the Attorney General, How to Protect Yourself: Data Security,

http://myfloridalegal.com/pages.nsf/Main/53D4216591361BCD85257F77004BE16C (last visited Mar. 25, 2023).
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• Online account information, such as security questions and answers, email addresses and
passwords;
• An individual’s first name or first initial and last name in combination with any one or more of the
following:
o A social security number;
o A driver license or similar identity verification number issued on a government
document;
o A financial account number or credit or debit card number, in combination with any
required security code, access code, or password that is necessary to permit access to
an individual’s financial account;
o Any medical history information; or
o An individual’s health insurance identification numbers. 76

Personal information does not include information:
• About an individual that has been made publicly available by a federal, state, or local
governmental entity; or
• That is encrypted, secured, or modified to remove elements that personally identify an individual
or that otherwise renders the information unusable. 77

If a breach of personal information occurs, notice must be given to each individual in Florida whose
personal information was accessed as a result of the breach. If the breach affected 500 or more
individuals in this state, the covered entity must also provide notice to the Department of Legal Affairs
(DLA). If the breach affected more than 1,000 individuals at a single time, credit reporting agencies
must be notified of such breach, with certain exceptions. 78

FIPA expressly does not provide a private cause of action, but does authorize enforcement actions by
DLA under Florida’s Unfair and Deceptive Trade Practices Act (FDUTPA) against covered entities for
any statutory violations. 79

In addition to the remedies provided for under FDUTPA an entity that fails to provide the required
notification of a data breach is liable for certain civil penalties assessed on a daily basis. The civil
penalties for failure to notify apply per breach and not per individual affected by the breach.

Florida Information Protection Act – Effect of the Bill

The bill amends s. 501.171, F.S., to define “biometric information” as an individual's physiological,
biological, or behavioral characteristics that can be used, singly or in combination with each other or
with other identifying data, to establish individual identity. The term includes, but is not limited to,
imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which
an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and
keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain
identifying information.

The bill defines “genetic information” as an individual's deoxyribonucleic acid (DNA).

The bill includes biometric information, genetic information, and geolocation in FIPA’s definition of
“personal information” so that covered entities are required to notify the affected individual, DLA, and
credit reporting agencies of a breach of such information paired with an individual’s first name or first
initial and last name.

The bill allows DLA to bring a FDUTPA action against a covered entity which fails to notify DLA of or an
individual affected by a breach of biometric information, genetic information, or geolocation.

76 Id.; s. 501.171(1)(g)1., F.S.
77 S. 501.171(1)(g)2., F.S.
78 S. 501.171(3)-(6), F.S.
79 S. 501.171(9), (10), F.S.; OAG supra note 75.

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Government Moderation of Social Media Platforms – Current Situation

Many cities and government entities in Florida have official accounts on various social media platforms.
Social media can be an effective platform for reaching citizens in to keep them informed about news
and events in their communities. 80

Government entities may not censor a constituent’s post or comment based on views in public
conversation or restrict access to their profile based solely on viewpoints based on certain
Constitutional protections. However, certain speech is not protected under the First Amendment, and
generally may be blocked, like threats. 81

Government Moderation of Social Media Platforms – Effect of the Bill

The bill defines the following terms:
• "Social media platform" means a form of electronic communication through which users create
online communities to share information, ideas, personal messages, and other content.
• "Governmental entity" means any state, county, district, authority, or municipal officer,
department, division, board, bureau, commission, or other separate unit of government created
or established by law, including, but not limited to, the Commission on Ethics, the Public Service
Commission, the Office of Public Counsel, and any other public or private agency, person,
partnership, corporation, or business entity acting on behalf of any public agency.

The bill provides that an officer or a salaried employee of a governmental entity may not use his or her
position or any state resources to communicate with a social media platform to request that it remove
content or accounts from the social media platform.

The bill prohibits a governmental entity, or an officer or a salaried employee acting on behalf of a
governmental entity, from initiating or maintaining any agreements or working relationships with a social
media platform for the purpose of content moderation.

However, these restrictions do not apply if the governmental entity or an officer or a salaried employee
acting on behalf of a governmental entity is acting as part of any of the following:
• Routine account management of the governmental entity's account.
• An attempt to remove content or an account that pertains to the commission of a crime or
violation of public records law.
• An investigation or inquiry related to public safety.

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

B. SECTION DIRECTORY:
Section 1: Creates s. 112.23, F.S., relating to governmental social media content moderation.
Section 2: Creates s. 501.173, F.S., relating to consumer data privacy rights and requirements.
Section 3: Amends s. 501.171, F.S.; relating to FIPA and triggering requirements.
Section 4: Amends s. 16.53, F.S.; relating to the Legal Affairs Revolving Trust Fund.
Section 5: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

80 Jessica Marabella, CivicPlus, 7 Ways to Use Social Media with Your Municipal Website in 2019,

https://www.civicplus.com/blog/ce/using-social-media-with-municipal-website (last visited Mar. 25, 2023).
81 ACLU Florida, Government Social Media Censorship, https://www.aclufl.org/en/know-your-rights/government-social-

media-censorship (last visited Mar 25, 2023).
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There may be an increase in civil penalties collected by DLA.

2. Expenditures:
There may be an increase of regulatory costs to DLA from implementing and enforcing the bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require certain businesses in possession of personal information to implement mechanisms
to effectuate the requirements of the bill, and such implementation will have a fiscal impact on such
businesses. However, many of the businesses subject to the bill’s requirements may have already
implemented similar privacy practices based on protections required in other states and countries.

The bill may increase protections provided for personal information that may save consumers the
expense of dealing with stolen personal information used to commit financial crimes. About 15 million
consumers are victims of identity theft or fraud each year. Identity theft and fraud costs consumers
more than $15 billion a year.

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:
Certain provisions may implicate Constitutional analysis based on the U.S. and Florida
Constitutions’ Equal Protection Clause, 82 and the U.S. and Florida Constitutions’ protections of the
right to free speech. 83

B. RULE-MAKING AUTHORITY:
DLA is given rulemaking authority in the bill to implement the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

82
U.S. Const. amend. XIV, and Art. I, § 2, Fla. Const.
83
U.S. Const. amend. I, and Art. I, §§ 4-5, Fla. Const.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1547 2023

1 A bill to be entitled
2 An act relating to technology transparency; creating
3 s. 112.23, F.S.; defining terms; prohibiting officers
4 or salaried employees of governmental entities from
5 using their positions or state resources to make
6 certain requests of social media platforms;
7 prohibiting governmental entities from initiating or
8 maintaining agreements or working relationships with
9 social media platforms under a specified circumstance;
10 providing exceptions; creating s. 501.173, F.S.;
11 providing applicability; defining terms; prohibiti ng a
12 controller from collecting certain consumer
13 information without the consumer's authorization;
14 requiring controllers that collect a consumer's
15 personal information to disclose certain information
16 regarding data collection and selling practices to the
17 consumer at or before the point of collection;
18 specifying that such information may be provided
19 through a general privacy policy or through a notice
20 informing the consumer that additional specific
21 information will be provided upon a certain request;
22 prohibiting controllers from collecting additional
23 categories of personal information or using personal
24 information for additional purposes without notifying
25 the consumer; requiring controllers that collect

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26 personal information to implement reasonable security
27 procedures and practices to protect such information;
28 authorizing consumers to request controllers to
29 disclose the specific personal information the
30 controller has collected about the consumer; requiring
31 controllers to make available two or more methods for
32 consumers to request their personal information;
33 requiring controllers to provide such information free
34 of charge within a certain timeframe and in a certain
35 format upon receiving a verifiable consumer request;
36 specifying requirements for third parties with respect
37 to consumer information acquired or used; providing
38 construction; authorizing consumers to request
39 controllers to delete or correct personal information
40 collected by the controllers; providing exceptions;
41 specifying requirements for controllers to comply with
42 deletion or correction requests; authorizing consumers
43 to opt out of third-party disclosure of personal
44 information collected by a controller; prohibiting
45 controllers from selling or disclosing the personal
46 information of consumers younger than a certain age,
47 except under certain circumstances; prohibiting
48 controllers from selling or sharing a consumer's
49 information if the consumer has opted out of such
50 disclosure; prohibiting controllers from taking

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51 certain actions to retaliate against consumers who
52 exercise certain rights; providing applicability;
53 providing that a contract or agreement that waives or
54 limits certain consumer rights is void and
55 unenforceable; prohibiting social media platforms
56 predominantly accessed by children from collecting,
57 selling, or sharing personal information of such
58 children under a specified condition; prohibiting such
59 platforms from using specified patterns, techniques,
60 and mechanisms to manipulate the disclosure of
61 personal information or the making of certain
62 decisions; authorizing the Department of Legal Affairs
63 to bring an action under the Florida Deceptive and
64 Unfair Trade Practices Act and to adopt rules;
65 requiring the department to submit an annual report to
66 the Legislature; providing report requirements;
67 providing that controllers must have a specified
68 timeframe to cure any violations; providing
69 jurisdiction; declaring that the act is matter of
70 statewide concern; preempting the collection,
71 processing, sharing, and sale of consumer personal
72 information to the state; amending s. 501.171, F.S.;
73 revising the definition of "personal information";
74 amending s. 16.53, F.S.; requiring that certain
75 attorney fees, costs, and penalties recovered by the

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76 Attorney General be deposited in the Legal Affairs
77 Revolving Trust Fund; providing an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Section 112.23, Florida Statutes, is created to
82 read:
83 112.23 Government-directed content moderation of social
84 media platforms prohibited.—
85 (1) As used in this section, the term:
86 (a) "Social media platform" means a form of electronic
87 communication through which users create online communities to
88 share information, ideas, personal messages, and other content.
89 (b) "Governmental entity" means any state, county,
90 district, authority, or municipal officer, department, division,
91 board, bureau, commission, or other separate unit of government
92 created or established by law, including, but not limited to,
93 the Commission on Ethics, the Public Service Commission, the
94 Office of Public Counsel, and any other public or private
95 agency, person, partnership, corporation, or business entity
96 acting on behalf of any public agency.
97 (2) An officer or a salaried employee of a governmental
98 entity may not use his or her position or any state resources to
99 communicate with a social media platform to request that it
100 remove content or accounts from the social media platform.

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101 (3) A governmental entity, or an officer or a salaried
102 employee acting on behalf of a governmental entity, may not
103 initiate or maintain any agreements or working relationships
104 with a social media platform for the purpose of content
105 moderation.
106 (4) Subsections (2) and (3) do not apply if the
107 governmental entity or an officer or a salaried employee act ing
108 on behalf of a governmental entity is acting as part of any of
109 the following:
110 (a) Routine account management of the governmental
111 entity's account.
112 (b) An attempt to remove content or an account that
113 pertains to the commission of a crime or violation of this
114 state's public records law.
115 (c) An investigation or inquiry related to public safety.
116 Section 2. Section 501.173, Florida Statutes, is created
117 to read:
118 501.173 Consumer data privacy.—
119 (1) APPLICABILITY.—This section does not apply to:
120 (a) Personal information collected and transmitted which
121 is necessary for the sole purpose of sharing such personal
122 information with a financial service provider solely to
123 facilitate short term, transactional payment processing for the
124 purchase of products or services.
125 (b) Personal information collected, used, retained, sold,

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126 shared, or disclosed as deidentified personal information or
127 aggregate consumer information.
128 (c) Compliance with federal, state, or local laws.
129 (d) Compliance with a civil, criminal, or regulatory
130 inquiry, investigation, subpoena, or summons by federal, state,
131 or local authorities.
132 (e) Cooperation with law enforcement agencies concerning
133 conduct or activity that the controller, processor, or third
134 party reasonably and in good faith believes may violate federal,
135 state, or local law.
136 (f) Exercising or defending legal rights, claims, or
137 privileges.
138 (g) Personal information collected through the
139 controller's direct interactions with the consumer, if collected
140 in accordance with this section, which is used by the controller
141 or the processor that the controller directly contracts with for
142 advertising or marketing services to advertise or market
143 products or services that are produced or offered directly by
144 the controller. Such information may not be sold, shared, or
145 disclosed unless otherwise authorized under this section.
146 (h) Personal information of a person acting in the role of
147 a job applicant, employee, owner, director, officer, contractor,
148 volunteer, or intern of a controller which is collected by a
149 controller, to the extent the personal information is collected
150 and used solely within the context of the person's role or

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151 former role with the controller. For purposes of this paragraph,
152 personal information includes employee benefit information.
153 (i) Protected health information for purposes of the
154 federal Health Insurance Portability and Accountability Act of
155 1996 and related regulations, and patient identifying
156 information for purposes of 42 C.F.R. part 2, established
157 pursuant to 42 U.S.C. s. 290dd-2.
158 (j) An entity or business associate governed by the
159 privacy, security, and breach notification rules issued by the
160 United States Department of Health and Human Services in 45
161 C.F.R. parts 160 and 164, or a program or a qualified s ervice
162 program as defined in 42 C.F.R. part 2, to the extent the
163 entity, business associate, or program maintains personal
164 information in the same manner as medical information or
165 protected health information as described in paragraph (i), and
166 as long as the entity, business associate, or program does not
167 use personal information for targeted advertising with third
168 parties and does not sell or share personal information to a
169 third party unless such sale or sharing is covered by an
170 exception under this section.
171 (k) Identifiable private information collected for
172 purposes of research as defined in 45 C.F.R. s. 164.501
173 conducted in accordance with the Federal Policy for the
174 Protection of Human Subjects for purposes of 45 C.F.R. part 46,
175 the good clinical practice guidelines issued by the

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176 International Council for Harmonisation of Technical
177 Requirements for Pharmaceuticals for Human Use, or the Federal
178 Policy for the Protection for Human Subjects for purposes of 21
179 C.F.R. parts 50 and 56, or personal information used or shared
180 in research conducted in accordance with one or more of these
181 standards.
182 (l) Information and documents created for purposes of the
183 federal Health Care Quality Improvement Act of 1986 and related
184 regulations, or patient safety work product for purposes of 42
185 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b -21
186 through 299b-26.
187 (m) Information that is deidentified in accordance with 45
188 C.F.R. part 164 and derived from individually identifiable
189 health information as described in the Health Insurance
190 Portability and Accountability Act of 1996, or identifiable
191 personal information, consistent with the Federal Policy for the
192 Protection of Human Subjects or the human subject protection
193 requirements of the United States Food and Drug Admin istration.
194 (n) Information used only for public health activities and
195 purposes as described in 45 C.F.R. s. 164.512.
196 (o) Personal information collected, processed, sold, or
197 disclosed pursuant to the federal Fair Credit Reporting Act, 15
198 U.S.C. s. 1681 and implementing regulations.
199 (p) Nonpublic personal information collected, processed,
200 sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15

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Regulatory Reform & Economic Development Subcommittee — Revised Meeting Packet, March 28, 2023

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