Regulatory Reform & Economic Development Subcommittee Meeting Packet, December 13, 2023
Summary
The meeting packet of the Regulatory Reform & Economic Development Subcommittee of the Commerce Committee of the Florida House of Representatives for Wednesday, December 13, 2023, 1:30 pm to 4:00 pm in Webster Hall (212 Knott), with Paul Renner as Speaker and Tyler Sirois as Chair. The agenda lists HB 49 Employment and Curfew of Minors, HB 293 Hurricane Protections for Homeowners' Associations and HB 303 Rabies Vaccinations, proposed committee substitutes for HB 267 and HB 433, and a panel discussion on how vaping advertising affects minors. The packet reproduces staff analyses, starting with HB 49.
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Regulatory Reform & Economic
Development Subcommittee
Wednesday, December 13, 2023
1:30 PM - 4:00 PM
Webster Hall (212 Knott)
Meeting Packet
Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair
Meeting Agenda
Wednesday, December 13, 2023
1:30 pm – 4:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 49 Employment and Curfew of Minors by Chaney
• HB 293 Hurricane Protections for Homeowners' Associations by Sirois
• HB 303 Rabies Vaccinations by Killebrew
Consideration of the following proposed committee substitute(s):
• PCS for HB 267 -- Building Regulations
• PCS for HB 433 -- Employment Regulations
Presentations on How Vaping Advertising Affects Minors
Panel Discussion on How Vaping Advertising Affects Minors, and Related Solutions
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 49
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 49 Employment and Curfew of Minors
SPONSOR(S): Chaney
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Subject to some exceptions, federal and state child labor laws prevent work hours and timeframes from
interfering with the child’s health, safety, and education. At the federal level, the Fair Labor Standards Act
(FLSA) determines the minimum age for work during school hours, performing certain jobs after school, and
places restraints on work considered hazardous. Florida’s Child Labor Law also restricts the employment of
minors, sometimes more than federal law. Florida’s Child Labor Law contains protections specifically directed
to 16 and 17-year-olds, including restrictions on what times during a day they may work, how many hours in a
week they may work, and what jobs or occupations they may perform.
Florida authorizes cities and counties to enact their own curfew ordinances for minors under the age of 16. The
law provides that any minor under the age of 16 cannot be present at a public establishment during the
following hours, not including legal holidays:
Sunday to Thursday from 11:00 p.m. to 5:00 a.m.
Saturday or Sunday from 12:01 a.m. to 6:00 a.m.
9:00 a.m. to 2:00 p.m. if suspended from school.
The statutory curfew does not apply unless the curfew is adopted by a governing body of the county or
municipality. A governing body of a county or municipality is allowed to adopt restrictions that are more or less
stringent than the statutory curfew.
The bill:
Removes the restrictions on work hours for minors 16 and 17 years-of-age, and specifies that minors
16 and 17 years-of-age may work the same number of hours as a person who is 18 years-of-age or
older.
Limits the restriction that currently prohibits 16- and 17-year-olds from working more than 6 consecutive
days in any one week, or working 4 hours continuously without a break of at least 30 minutes for a meal
period to only apply to minors age 15 or younger.
Removes the exception from the child labor restrictions for minors 16 and 17 years-of-age who have
graduated from high school or received a high school equivalency diploma, because the exception is no
longer necessary under the provisions of the bill.
Prohibits a governing body of a county or municipality from adopting or enforcing an ordinance that
regulates the presence of minors in public places and establishments which imposes restrictions more
stringent than the curfew imposed in current law.
The bill may have an indeterminate fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Federal Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections. 1 Congress adopted the FLSA to prevent
substandard labor conditions from being used as an “unfair method of competition.” 2 The FLSA covers
employees and enterprises engaged in interstate commerce. An enterprise is covered if it has annual
sales or business done of at least $500,000.3 Regardless of the dollar volume of business, the FLSA
applies to hospitals; institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled
who reside on the premises; schools for children who are mentally or physically disabled or gifted;
federal, state, and local governments; and preschools, elementary and secondary schools, and
institutions of higher education.4
The FLSA was adopted as a minimum set of standards, which allowed states to provide more
protections for employees. Under the FLSA, if states enact minimum wage, overtime, or child labor
laws that are more protective than what is provided by the FLSA, the state law applies.5 Because states
may enact laws that are more protective than what is provided by the FLSA, minimum wage, overtime,
and child labor standards vary state by state.
Child Labor
The FLSA prohibits the employment of “oppressive child labor” in the United States and the shipment of
goods made in proximity to oppressive child labor.6 The FLSA establishes a general minimum age of
16 years for employment in nonhazardous occupations, and a minimum age of 18 years for
employment in any occupation determined by the Secretary of Labor to be hazardous to the health or
well-being of minors. However, children younger than 16 may work if certain conditions are met, and
rules for agricultural and nonagricultural employment vary significantly. 7
According to the US Department of Labor (DOL), two things are certain:8
Once an employee is 18 years-of-age, there are no Federal child labor rules.
Federal child labor rules do not require work permits. However, many states issue age
certificates if you are asked to provide them by your employer.
Nonagricultural Employment – Minimum Standards
For nonexempt children, the minimum age for employment in nonagricultural occupations is :9
18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the
health and well-being of children (i.e., “hazardous occupations”);
16 years-of-age for employment in nonhazardous occupations; or
1 29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2 Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
3 29 C.F.R. §§779.258-779.259.
4 29 U.S.C. §203(s)(1).
5 29 U.S. Code § 218.
6 29 U.S.C. §212.
7 Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar.8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713. (last visited Nov. 30, 2023).
8 US Department of Labor, Fair Labor Standards Act (FLSA) Child Labor Rules Advisor,
https://webapps.dol.gov/elaws/whd/flsa/cl/default.htm (last visited Dec. 3, 2023).
9 29 CFR § 570.2.
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14 years-of-age for a limited set of occupations, with restrictions on hours and work conditions,
as determined by the Secretary of Labor.
A child under the age of 14 may not be employed unless his or her employment is explicitly excluded
from the definition of oppressive child labor (e.g., a parent is the child’s sole employer in a
nonhazardous occupation) or exempt from the FLSA child labor provisions (e.g., newspaper delivery).10
The hours and times of day that 14- and 15-year-olds are allowed to work and specific occupations that
are permitted or prohibited for such minors in nonagricultural occupations are set by federal and state
law.
The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours and
times-of-day:11
Outside of school hours;12
Not more than 40 hours in any 1 week when school is not in session;
Not more than 18 hours in any 1 week when school is in session;
Not more than 8 hours in any 1 day when school is not in session;
Not more than 3 hours in any 1 day when school is in session, including Fridays; and
Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day)
when the evening hour will be 9 p.m.
Oppressive Child Labor
The following occupations constitute oppressive child labor within the meaning of the FLSA when
performed by minors who are 14 and 15 years-of-age:13
Manufacturing, mining, or processing occupations.
Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and
declare to be hazardous for the employment of minors between 16 and 18 years of age or
detrimental to their health or well-being.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
hoisting apparatus.
Work performed in or about boiler or engine rooms or in connection with the maintenance or
repair of the establishment, machines, or equipment.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
any power-driven machinery, including but not limited to lawn mowers, golf carts, all-terrain
vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers,
food processors, food cutters, and food mixers. Youth 14 and 15 years of age may, however,
operate office equipment pursuant to § 570.34(a) and vacuum cleaners and floor waxers
pursuant to § 570.34(h).
The operation of motor vehicles.
Outside window washing that involves working from window sills, and all work requiring the use
of ladders, scaffolds, or their substitutes.
All baking and cooking activities except that cooking which is permitted by § 570.34(c).
Work in freezers and meat coolers and all work in the preparation of meats for sale except as
permitted by § 570.34(j). This section, however, does not prohibit the employment of 14- and
15-year-olds whose duties require them to occasionally enter freezers only momentarily to
retrieve items as permitted by § 570.34(i).
Youth peddling, which entails the selling of goods or services to customers at locations other
than the youth-employer's establishment, such as the customers' residences or places of
business, or public places such as street corners and public transportation stations.
10 29 CFR § 570.119.
11 75 C.F.R. § 28448 (2010).
12 29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides while
employed is in session during the regularly scheduled school year.
13 29 C.F.R. § 570.33.
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Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or
conveyors, except the loading and unloading of personal non-power-driven hand tools, personal
protective equipment, and personal items to and from motor vehicles as permitted by §
570.34(k).
Catching and cooping of poultry in preparation for transport or for market.
Public messenger service.
Occupations in connection with transportation of persons or property, warehousing and storage,
communications and public utilities, and construction (including demolition and repair).
Authorized Occupations
The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age when
performed within the required timeframes:14
Office and clerical work, including the operation of office machines.
Work of an intellectual or artistically creative nature.
Cooking with electric or gas grills which does not involve cooking over an open flame.
Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and
comparative shopping.
Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance of
grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar
equipment.
Kitchen work and other work involved in preparing and serving food and beverages.
Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and
stocking of items.
The loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-
driven, hand tools and personal protective equipment that the minor will use as part of his or her
employment at the work site; and the loading onto motor vehicles and the unloading from motor
vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is
permitted to take to the work site.
The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties at
traditional swimming pools and water amusement parks (including such water park facilities as
wave pools, lazy rivers, specialized activity areas that may include water falls and sprinkler
areas, and baby pools; but not including the elevated areas of power-driven water slides) when
such youth have been trained and certified by the American Red Cross, or a similar certifying
organization, in aquatics and water safety.
Employment inside and outside of places of business where machinery is used to process wood
products.
Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy
service; car cleaning, washing and polishing by hand; and other occupations permitted by this
section, but not including work involving the use of pits, racks, or lifting apparatus, or involving
the inflation of any tire mounted on a rim equipped with a removable retaining ring.
Work in connection with riding inside passenger compartments of motor vehicles.
Agricultural Employment – Minimum Standards
With some exceptions, the minimum age for employment in agricultural occupations is:
16 years-of-age for employment in any agricultural job, including those determined to be
hazardous by the Secretary of Labor, with no restrictions on hours of work; 15
14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours; 16
14 29 CFR § 570.34.
15 29 CFR § 570.2.
16 29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that —subject to hours-of-work
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12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside of
school hours, with the written consent of a parent; written consent is not required if the work
takes place on a farm that also employs the child’s parent; 17
10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to
eight weeks in nonhazardous agricultural jobs, outside of school hours, with the written consent
of a parent, providing the employer has obtained a waiver permitting this employment from the
Secretary of Labor;18 or
Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of school
hours on certain small farms, with a parent’s written consent. 19
A child of any age who is employed by a parent on a farm owned or operated by the parent may work
without restriction.20 DOL regulations also provide limited exemptions to child labor rules concerning
hazardous agricultural occupations for student learners and graduates of vocational training programs
that meet regulatory criteria.21
FLSA Child Labor Exemptions
The FLSA excludes the following occupations and work arrangements from coverage of its child labor
provisions:
Children with a Parental Employer: Children who work for a parent or a person standing in place
of a parent22 in an occupation other than manufacturing, mining, or hazardous work may be
employed at any age and for any number of hours.23
Child Performers: Children of any age may be employed as actors or performers in motion
pictures or in theatrical, radio, or television productions.24
Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
consumers.25
Evergreen Wreath Producers (Homebased): Children of any age may be employed as
homeworkers to make evergreen wreaths and to harvest forest products used in making such
wreaths.26
Hazardous Occupations
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
17 29 U.S.C. §213(c)(1)(B).
18 The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations -Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
19 29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum
wage provisions because they employed fewer than 500 “man -days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
20 29 U.S.C. §213(c)(2).
21 29 C.F.R. §570.72.
22 Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as including “natural parents, or any
other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own family,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
23 This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes
children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
24 29 U.S.C. §213(c)(3).
25 29 U.S.C. §213(d).
26 29 U.S.C. §213(d).
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Seventeen groups of nonagricultural occupations have been determined to be hazardous or detrimental
to the health or well-being of children between the ages of 16 and 18 years. 27 Employment in these
jobs is prohibited, with limited exemptions for registered apprentices and student learners. 28 In some
instances, children’s employment is banned in entire industries (e.g., coal mining) with some
exceptions for office, sales, or maintenance work; others prohibit children’s exposure to materials (e.g.,
radioactive substances) or equipment (e.g., power-driven hoisting apparatus).
Eleven types of agricultural occupations have been determined to be hazardous, in which—with few
exceptions—a child below the age of 16 may not be employed.29 These include, for example, handling
or applying certain agricultural chemicals, and working on a farm in a pen occupied by a stud horse
maintained for breeding purposes. The prohibition on employment in agricultural hazardous
occupations does not apply to children employed by a parent on a farm owned or operated by the
parent.30 When certain requirements are met, student learners and graduates of tractor or machine
operation programs that meet regulatory criteria may be employed in select hazardous occupations.
FLSA Violations
Two remedies are available for violations of the FLSA child labor provisions. The Secretary of Labor
may assess civil penalties or seek other relief, including injunctive relief. Employers who violate the
FLSA child labor provisions may be assessed the following civil penalties:
Up to $15,138 for each employee who was the subject of a child labor violation; or
Up to $68,801 for each violation that causes the death or serious injury of a minor employee, a
penalty may be doubled if the violation is a repeated or willful violation. 31
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions. 32 For
example, a federal court may order an employer to halt employment of a minor in a hazardous
occupation or may enjoin a producer from shipping goods out of state from an establishment in or
about which a child labor violation has occurred. Criminal penalties are also prescribed for willful
violations of the FLSA’s child labor provisions.33
Florida Child Labor Law
The Florida Department of Business and Professional Regulation, Division of Regulation, administers
and enforces the state’s Child Labor Law34 through its Child Labor Program.35 The “mission of the Child
Labor Program is to provide a program of education, enforcement, and administrative initiatives
designed to achieve full compliance in the enforcement of Child Labor laws and ensure the health,
education and welfare of Florida’s working minors.”36
27 29 C.F.R. §§570.50-570.68.
28 The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is
employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b) and (c).
29 Hazardous agricultural occupations are described in 29 C.F.R. §570.71; exemptions to the ban on children’s
employment in hazardous agricultural occupations are in 29 C.F.R. §570.72.
30 29 U.S.C. §213(c)(2).
31 These civil money penalties took effect on January 16, 2023, and are as adjusted for inflation as provided by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
32 29 U.S.C. §217.
33 Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, Mar.8, 2023, at 17
https://crsreports.congress.gov/product/pdf/R/R42713. (last visited Dec. 3, 2023).
34 See ss. 450.001-450.165, F.S.
35 S. 450.155, provides that Child Labor Law program appropriations made by the Legislature shall be used to carry out the proper
responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide education about the
Child Labor Law to employers, public school employees, the general public, and working youth.
36 Florida Department of Business and Professional Regulation, Child Labor, http://www.myfloridalicense.com/ DBPR/child-labor/
(last visited Dec. 3, 2023).
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Florida’s Child Labor Law restricts the employment of minors, sometimes more than federal law. Once
a worker reaches the age of 18, child labor laws do not restrict their employment.
Florida’s Child Labor Law defines “child” or “minor” as any person 17 years of age or younger, unless:37
The person is or has been married;
The person’s disability of nonage has been removed by a court of competent jurisdiction;
The person is serving or has served in the Armed Forces of the United States;
It has been found by a court having jurisdiction over the person that it is in the best interest of
such minor to work and the court specifically approves any employment of such person,
including the terms and conditions of such employment; or
The person has graduated from an accredited high school or holds a high school equivalency
diploma.
Minimum Age
Under Florida’s Child Labor law, minors of any age may be employed as follows:38
As pages in the Florida Legislature.
By the entertainment industry as prescribed in ss. 450.012, F.S., and 450.132, F.S.
In domestic or farm work in connection with their own homes or the farm or ranch on which they
live, or directly for their own parents or guardian, or in the herding, tending, and management of
livestock, during the hours they are not required by law to be in school.
The law provides the following prohibitions:
Persons 10 years-of-age or younger: Prohibited from engaging in the sale and distribution of
newspapers.
Except as provided above, persons 13 years-of-age or younger: Prohibited from being
employed, permitted, or suffered to work in any gainful occupation at any time.
Persons 17 years old or younger: Whether or not such person’s disabilities of nonage have
been removed by marriage or otherwise, are prohibited from being employed, permitted, or
suffered to work in any place where alcoholic beverages are sold at retail, except as provided in
s. 562.13, F.S.39 For example, a 16- or 17-year-old may work at a grocery store that sells
alcohol under certain conditions and a restaurant that sells beer and wine under certain
conditions.
The law provides the following prohibition to prevent minors being exploited and becoming victims of
human trafficking:40
A person under the age of 18, whether or not such person’s disabilities of nonage have been
removed by marriage or otherwise, may not be employed, permitted, or suffered to work in an
adult theater, as defined in s. 847.001(2)(b), F.S.
Hazardous Occupations
Florida law prohibits minors 15 years-of-age or younger, whether or not such person’s disabilities of
nonage have been removed by marriage or otherwise, from being employed or permitted or suffered to
work in any of the following occupations:41
In connection with power-driven machinery, except power mowers with cutting blades 40 inches
or less.
In any manufacturing that makes or processes a product with the use of industrial machines.
37 S. 450.012(3), F.S.
38 S. 450.021, F.S.
39 Section 562.13, F.S., prohibits any vendor licensed under the Beverage Law from employing any person under 18 years of age.
However, this section provides specific exceptions, including, but not limited to, professional entertainers under 17 years o f-age,
certain minors employed in the entertainment industry, persons under the age of 18 employed in drugstores, grocery sto res,
department stores, florists, specialty gift shops, or automobile service stations for consumption off the premises.
40 S. 450.021(5), F.S.
41 S. 450.061(1), F.S.
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The manufacture, transportation, or use of explosive or highly flammable substances.
Sawmills or logging operations.
On any scaffolding.
In heavy work in the building trades.
In the operation of a motor vehicle, except a motorscooter which he or she is licensed to
operate, except that 14-year-old and 15-year-old workers may drive farm tractors in the course
of their farmwork under the close supervision of their parents on a family-operated farm, and
except that qualified 14-year-old and 15-year-old workers may drive tractors in the course of
their farmwork under the close supervision of the farm operator. “Qualified,” as used herein,
means having completed a training course in tractor operation sponsored by a recognized
agricultural or vocational agency, as evidenced by duly executed certificate, such certificate to
be filed with the farm operator for the duration of the employment.
In oiling, cleaning, or wiping machinery or shafting or applying belts to pulleys.
In repairing of elevators or other hoisting apparatus.
Work in freezers or meat coolers and all work in preparation of meats for sale, except wrapping,
sealing, labeling, weighing, pricing, and stocking when performed in another area. This shall not
prohibit work done in the normal operations of a food service facility licensed by chapter 509,
F.S.
In the operation of power-driven laundry or drycleaning machinery or any similar power-driven
machinery.
At spray painting.
Alligator wrestling, work in connection with snake pits, or similar hazardous activities.
Door-to-door selling of magazine subscriptions, candy, cookies, flowers, or other merchandise
or commodities, except merchandise of nonprofit organizations, such as the Girl Scouts of
America or the Boy Scouts of America.
In working with meat and vegetable slicing machines.
Florida law prohibits minors under 18 years-of-age, whether such person’s disabilities of nonage have
been removed, from being employed or permitted or suffered to work in any of the following places of
employment or in any of the following occupations: 42
In or around explosive or radioactive materials.
On any scaffolding, roof, superstructure, residential or nonresidential building construction, or
ladder above 6 feet.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
In or around toxic substances or corrosives, including pesticides or herbicides, unless proper
field entry time allowances have been followed.
Any mining occupation.
In the operation of power-driven woodworking machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
In the operation of power-driven hoisting apparatus.
In the operation of power-driven metal forming, punching, or shearing machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
Slaughtering, meat packing, processing, or rendering, except as provided in 29 C.F.R. s.
570.61(c), F.S.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
In the operation of power-driven bakery machinery.
In the operation of power-driven paper products and printing machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
Manufacturing brick, tile, and like products.
42 S. 450.061(2), F.S.
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Wrecking or demolition.
Excavation operations.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
Logging or sawmilling.
Working on electric apparatus or wiring.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
Firefighting.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
Operating or assisting to operate, including starting, stopping, connecting or disconnecting,
feeding, or any other activity involving physical contact associated with operating, a tractor over
20 PTO horsepower, any trencher or earthmoving equipment, fork lift, or any harvesting,
planting, or plowing machinery, or any moving machinery.
Florida law prohibits the employment of minors under 18 years-of-age, whether such person’s
disabilities of nonage have been removed by marriage or otherwise, from being employed or permitted
or suffered to work in any place of employment or at any occupation hazardous or injurious to the life,
health, safety, or welfare of such minor, as such places of employment or occupations may be
determined and declared by the department to be hazardous and injurious.
These prohibitions do not apply to minors employed in the entertainment industry. 43
Hours of Work
Generally, Florida law allows minors who are 16 and 17 years-of-age to work in a broad range of jobs,
unless the jobs are hazardous. Minors who are 14 and 15 years-of-age are allowed to work in a broad
range of jobs but are limited in the number of hours per day and per week they may work, especially
when school is in session.44 Minors 13 years old or younger are prohibited from working in Florida,
except in some limited situations.
Minors Under the Age of 16
For minors younger than 16 years-of-age, Florida Child Labor Law provides the following restrictions on
hours of work:
Before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15
hours in any one week.
More than 3 hours on any school day, if not enrolled in a career education program, unless
there is no session of school the following day.
During holidays and summer vacations:
o Before 7 a.m. or after 9 p.m.;
o For more than 8 hours in any one day; or
o For more than 40 hours in any one week.
Sixteen and Seventeen-Year-Olds
For minors 16 and 17 years-of-age, Florida’s Child Labor Law provides the following restrictions on
hours of work:
Before 6:30 a.m. or after 11:00 p.m.
More than 8 hours in any one day when school is scheduled the following day.
When school is in session, more than 30 hours in any one week.
During school hours on any school day, if not enrolled in a career education program.
More than 6 consecutive days in any one week.
43 S. 450.061(4), F.S.
44 See S. 450.081, F.S.
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More than 4 hours continuously without an interval of at least 30 minutes for a meal period.
o No period of less than 30 minutes is deemed to interrupt a continuous period of work.
Exemptions
The hours of work restrictions do not apply to the following:45
Minors 16 and 17 years-of-age who have graduated from high school or received a high school
equivalency diploma.
Minors who are within the compulsory school attendance age limit who hold a valid certificate of
exemption issued by the school superintendent or his or her designee pursuant to the
provisions of s. 1003.21(3), F.S.
Minors enrolled in a public educational institution who qualify on a hardship basis such as
economic necessity or family emergency.
o Such determination must be made by the school superintendent or his or her designee,
and a waiver of hours must be issued to the minor and the employer.
Children in domestic service in private homes, children employed by their parents, or pages in
the Florida Legislature.
Florida law provides that the presence of any minor in any place of employment during working hours is
prima facie evidence of his or her employment.46
Partial Waivers
In extenuating circumstances when it clearly appears to be in the best interest of the child, DBPR is
authorized to grant a waiver of the restrictions imposed by the Child Labor Law on the employment of a
child. Such waivers are granted upon a case-by-case basis and based upon such factors as the
department, by rule, establishes as determinative of whether such waiver is in the best interest of a
child.47
DBPR, or the school district designee if the minor is enrolled in the public school system, is authorized
to grant a waiver of any restriction imposed by the Child Labor Law, or by rule. In determining whether
to grant a Partial Waiver, the Department shall consider all relevant information which may establish
what is in the best interest of the minor, including:48
School Status: DBPR, or the school district designee, is required to grant a partial waiver based
on school status when:
o The minor will receive instruction by a tutor at the place of employment;
o The minor has been authorized by the District School Superintendent to complete his or
her education through alternative methods such as home school;
o The minor has been permanently expelled from the public school system;
o The minor is enrolled in school in a foreign country and is visiting Florida during his or
her home country’s non-school period; or
o The employment would provide an educational, vocational, or public service experience
that would be beneficial to the minor.
Documentation shall consist of confirmation from the minor’s school principal or
the Superintendent of the School District and of copies of school records clearly
defining the minor’s school status.
Financial Hardship: DBPR, or the school district designee, is required to grant a partial waiver
based on financial hardship when compliance with the Child Labor Law or rule will result in
undue financial hardship for the minor or the minor’s immediate family. Documentation must
include:
45 S. 450.081(5), F.S.
46 S. 450.081(6), F.S.
47 S. 450.095, F.S.
48 R. 61L-2.007, F.A.C.
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o A notarized letter, explaining the particular circumstances creating a hardship, from a
parent, guardian, or other adult, who knows and can attest to the minor’s financial
hardship; written confirmation from a school recently attended;
o Documentation from a social service agency; or
o Verification of participation in AFDC, Food Stamp, Project Independence, or other
similar programs.
o DBPR is authorized to require other documentation which proves financial hardship.
Medical Hardship: DBPR, or the school district designee, must grant a partial waiver based on
medical hardship when compliance with the Child Labor Law or rule will result in physical or
mental hardship for the minor. Documentation may consist of written confirmation from the
minor’s physician stating the specific medical reasons that require the minor to be excused from
mandatory school attendance and affirming that the minor to be excused from mandatory
school attendance may be allowed to work the requested hours, or that the minor should be
considered an adult for the purpose of work hours.
Other Hardship: DBPR, or school district designee, must grant a partial waiver based on other
hardship when compliance with the Child Labor Law or rule will result in unreasonable hardship
to the minor in specific situations.
Court Order: DBPR, or the school district designee, must grant a partial waiver based on a court
order when compliance with the Child Labor Law or rule will result in the minor violating an
order issued by a court mandating that the minor work specified hours or in a specified
occupation.
Enforcement
DBPR and local law enforcement are required to:49
Enforce the provisions of the Child Labor Law;
Make complaints against persons violating its provisions; and
Prosecute violations.
DBPR is authorized to enter and inspect at any time any place or establishment covered by this law
and to have access to age certificates kept on file by the employer and other records. Designated
school representatives are required to report to DBPR all violations of the Child Labor Law.50
The Child Labor Law also provides that:
Trial courts in the state have the duty to issue warrants and try cases within their jurisdiction in
connection with violations of the Child Labor Law.
Grand juries have inquisitorial powers to investigate violations, and trial court judges shall
specially charge the grand jury to investigate violations of the Child Labor Law.
The Child Labor Law provides the following penalties for violations:51
Second degree misdemeanor, punishable by up to 60 days in prison52 and a $500 fine.53
o Each day during which any violation of this law continues, and the employment of any
minor in violation of the law, constitutes a separate and distinct offense.
Second degree felony, punishable by up to 15 years in prison, 54 a $10,000 fine,55 or up to 30
years in prison for habitual offenders 56 any person who:57
o Takes, receives, hires, employs, uses, exhibits, or, in any manner or under any
pretense, causes or permits any child less than 18 years of age to suffer;
49 S. 450.121(1), F.S.
50 S. 450.121(2), F.S.
51 S. 450.141(1), F.S.
52 S. 775.082, F.S.
53 S. 775.083, F.S.
54 S. 775.082, F.S.
55 S. 775.083, F.S.
56 S. 775.084, F.S.
57 S. 450.151, F.S.
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o Inflicts upon any such child unjustifiable physical pain or mental suffering;
o Willfully causes or permits the life of any such child to be endangered or his or her
health to be injured or such child to be placed in such situation that his or her life may be
endangered or health injured; or
o Has in custody any such child for any of these purposes.
The Child Labor Law authorizes DBPR to provide administrative fines not to exceed $2,500 per
offense.58 Upon discovery by DBPR that an employer is in violation, it is required to give written notice
to the employer specifying the violation, the facts alleged to constitute the violation, and the
requirements and time limitations for remedial action. If the employer refuses or fails to comply, DBPR
is authorized to seek assessment of the following schedule of fines:59
3 rd and
Subsequent
Violation 1st Offense 2nd Offense Offenses
Child Labor Poster Up to $500 Up to $1,000 Up to $1,500
Employment of Minor Up to $1,000 Up to $1,500 Up to $2,500
Proof of Age or Copy of Partial Waiver Up to $700 Up to $1,200 Up to $2,000
Employment of Minor in Violation of Beverage law. Up to $1,000 Up to $1,500 Up to $2,500
Work Hours or Consecutive Days Up to $1,000 Up to $1,500 Up to $2500
Hazardous Occupation Up to $1,500 Up to $2,000 Up to $2,500
Employment of minor in violation of any provision of Child Up to $2,500 Up to $2,500 Up to $2,500
Labor.
Law or this rule chapter which results in injury or death to minor.
Violation of proof of age and identity requirements for Adult Up to $1,000 Up to $2,000 Up to $2,500
Theaters.
Any other violation of the Child Labor Law or this rule chapter. Up to $1,000 Up to $1,500 Up to $2,500
Failure to provide records or documentation upon request. Up to $500 Up to $1,200 Up to $2,000
Career Education Exemptions
Florida’s Child Labor Law specifies that it does not:
Prevent minors of any age from receiving career education furnished by the U.S., this state, or
any county or other political subdivision of this state and duly approved by the Department of
Education or other duly constituted authority, nor any apprentice indentured under a plan
approved by the Department of Economic Opportunity; or
Prevent the employment of any minor 14 years of age or older when such employment is
authorized as an integral part of, or supplement to, such a course in career education and is
authorized by regulations of the district school board of the district in which such minor is
employed, provided the employment is in compliance with the provisions of ss. 450.021(4), F.S.
and 450.061, F.S.
Exemptions for the employment of student learners 16 to 18 years-of-age provided in s. 450.061, F.S.,
apply when:60
The student learner is enrolled in a youth vocational training program under a recognized state
or local educational authority.
Such student learner is employed under a written agreement that provides:
o That the work of the student learner in the occupation declared particularly hazardous
shall be incidental to the training.
o That such work shall be intermittent and for short periods of time and under the direct
and close supervision of a qualified and experienced person.
58 S. 450.141(2), F.S.
59 R. 61L-2.009, F.A.C.
60 S. 450.161, F.S.
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o That safety instructions shall be given by the school and correlated by the employer with
on-the-job training.
o That a schedule of organized and progressive work processes to be performed on the
job shall have been prepared.
Proof of Identity
In order to hire a child to work, the law requires an employer to obtain and keep on record during the
entire period of employment proof of the child’s age.61 Employers who hire minors are also required to
post posters notifying minors of the Child Labor Law.62
Local Juvenile Curfew Ordinances
Florida authorizes cities and counties to enact their own curfew ordinances for minors under the age of
16.63 The law provides the following statutory restrictions that do not apply unless they are adopted by
a governing body of the county or municipality:64
A minor may not be or remain in a public place or establishment between the hours of 11:00
p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal
holiday.
A minor may not be or remain in a public place or establishment between the hours of 12:01
a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.
A minor who has been suspended or expelled from school may not be or remain in a public
place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00
p.m. during any school day.
Local curfew ordinances for minors under the age of 16 are allowed to be more or less stringent than
the statutory curfew.65
These restrictions do not apply to a minor who is:66
Accompanied by his or her parent or by another adult authorized by the minor’s parent to have
custody of the minor.
Involved in an emergency or engaged, with his or her parent’s permission, in an emergency
errand.
Attending or traveling directly to or from an activity that involves the exercise of rights protected
under the First Amendment of the United States Constitution.
Going directly to or returning directly from lawful employment, or who is in a public place or
establishment in connection with or as required by a business, trade, profession, or occupation
in which the minor is lawfully engaged.
Returning directly home from a school-sponsored function, a religious function, or a function
sponsored by a civic organization.
On the property of, or on the sidewalk of, the place where the minor resides, or who is on the
property or sidewalk of an adult next-door neighbor with that neighbor’s permission.
Engaged in interstate travel or bona fide intrastate travel with the consent of the minor’s parent.
Attending an organized event held at and sponsored by a theme park or entertainment complex
as defined in s. 509.013(9), F.S.
61 S. 450.045(1), F.S. Such proof must include photocopies of the child’s birth certificate and driver license, an age certificate issued
by the district school board of the district in which the child is employed, certifying the child’s date of birth, or a photo copy of a
passport or visa which lists the child’s date of birth.
62 S. 450.045(2), F.S.
63 See ss. 877.20-877.25, F.S.
64 S. 877.22, F.S.
65 S. 877.25, F.S.
66 S. 877.24, F.S.
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A minor in violation must receive a written warning for a first violation. A minor who violates this section
after having received a prior written warning is guilty of a civil infraction and must pay a fine of $50 for
each violation.67
A minor who violates a curfew and is taken into custody must be transported immediately to a police
station or facility operated by a religious, charitable, or civic organization that conducts a curfew
program in cooperation with a local law enforcement agency. 68
After recording pertinent information about the minor, law enforcement is required to attempt to contact
the parent of the minor, and:69
If successful, request that the parent take custody of the minor and must release the minor to
the parent.
If not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if
the parent refuses to take custody of the minor, the law enforcement agency is authorized to
transport the minor to her or his residence or take the child into custody as provided under part
IV of chapter 39, F.S.
The parent of a minor who knowingly permits the minor to violate the curfew law is required to receive a
written warning for a first violation. A parent who knowingly permits the minor to violate the curfew law
after receiving a prior written warning is guilty of a civil infraction and subject to a fine of $50 for each
violation.70
Effect of the Bill
Child Labor
The bill removes the following restrictions on work hours for minors 16 and 17 years-of-age:
Working before 6:30 a.m. or after 11:00 p.m. or for more than 8 hours in any one day when
school is scheduled the following day.
When school is in session, working more than 30 hours in any one week.
On any school day, being gainfully employed during school hours if they are not enrolled in a
career education program.
The bill reduces the age from 17 years-of-age to 15 years-of-age, which will prohibit minors 15 years
old or younger from working more than:
6 consecutive days in any one week.
4 hours continuously without an interval of at least 30 minutes for a meal period.
The bill removes the exception from the restrictions for minors 16 and 17 years-of-age who have
graduated from high school or received a high school equivalency diploma, because such exception
will no longer be necessary.
The bill clarifies that minors 16 and 17 years-of-age may work the same number of hours as a person
who is 18 years-of-age or older.
Local Juvenile Curfew Ordinances
The bill prohibits a governing body of a county or municipality from adopting or enforcing an ordinance
that regulates the presence of minors in public places and establishments which imposes restrictions
more stringent than the curfew imposed under s. 877.22, F.S.
B. SECTION DIRECTORY:
67 Id.
68 Id.
69 Id.
70 S. 877.23, F.S.
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DATE: 12/11/2023
Section 1: Amends s. 450.081, F.S., removing certain employment restrictions for minors 16 and 17
years of age; revising the age at which certain employment restrictions apply.
Section 2: Amends s. 877.25, F.S., prohibiting counties and municipalities from adopting or
enforcing certain ordinances that are more stringent than state law.
Section 3: Provides an effective date of July 1, 2024.
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:
See fiscal comments section.
2. Expenditures:
See fiscal comments section.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may increase opportunities for 16 and 17-year-old individuals to work and generate income.
The bill may allow certain employers to employ 16 and 17-year-old individuals without having to comply
with the burdensome requirements in current law.
The bill may increase labor force participation among 16 and 17-year-old individuals, which may result
in a reduction of obtaining higher skills, education, and healthcare for these individuals.
D. FISCAL COMMENTS:
The bill prohibits a governing body of a county or municipality from setting a curfew for minors in public
places that is more stringent than the curfew imposed under state law. To the extent certain local
governments have already enacted and are enforcing such ordinances, this may have a negative fiscal
impact on related revenues but may also reduce expenditures.
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:
STORAGE NAME: h0049.RRS PAGE: 15
DATE: 12/11/2023
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 12/11/2023
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 49 2024
1 A bill to be entitled
2 An act relating to employment and curfew of minors;
3 amending s. 450.081, F.S.; removing certain employment
4 restrictions for minors 16 and 17 years of age;
5 revising the age at which certain employment
6 restrictions apply; amending s. 877.25, F.S.;
7 prohibiting counties and municipalities from adopting
8 or enforcing certain ordinances that are more
9 stringent than state law; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 450.081, Florida Statutes, is amended
14 to read:
15 450.081 Hours of work in certain occupations.—
16 (1)(a) Minors 15 years of age or younger may shall not be
17 employed, permitted, or suffered to work before 7 a.m. or after
18 7 p.m. when school is scheduled the following day or for more
19 than 15 hours in any one week. On any school day, minors 15
20 years of age or younger who are not enrolled in a career
21 education program may shall not be gainfully employed for more
22 than 3 hours, unless there is no session of school the following
23 day.
24 (b) During holidays and summer vacations, minors 15 years
25 of age or younger may shall not be employed, permitted, or
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HB 49 2024
26 suffered to work before 7 a.m. or after 9 p.m., for more than 8
27 hours in any one day, or for more than 40 hours in any one week.
28 (2) Minors 16 and 17 years of age shall not be employed,
29 permitted, or suffered to work before 6:30 a.m. or after 11:00
30 p.m. or for more than 8 hours in any one day when school is
31 scheduled the following day. When school is in session, minors
32 16 and 17 years of age shall not work more than 30 hours in any
33 one week. On any school day, minors 16 and 17 years of age who
34 are not enrolled in a career education program shal l not be
35 gainfully employed during school hours.
36 (2)(3) Minors 15 17 years of age or younger may shall not
37 be employed, permitted, or suffered to work in any gainful
38 occupation for more than 6 consecutive days in any one week.
39 (3)(4) Minors 15 17 years of age or younger may shall not
40 be employed, permitted, or suffered to work for more than 4
41 hours continuously without an interval of at least 30 minutes
42 for a meal period; and for the purposes of this law, a no period
43 of less than 30 minutes is not shall be deemed to interrupt a
44 continuous period of work.
45 (4)(5) The provisions of Subsections (1)-(3) do (1)-(4)
46 shall not apply to:
47 (a) Minors 16 and 17 years of age who have graduated from
48 high school or received a high school equivalency diploma.
49 (a)(b) Minors who are within the compulsory school
50 attendance age limit who hold a valid certificate of exemption
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HB 49 2024
51 issued by the school superintendent or his or her designee
52 pursuant to the provisions of s. 1003.21(3).
53 (b)(c) Minors enrolled in a public educational institution
54 who qualify on a hardship basis such as economic necessity or
55 family emergency. Such determination shall be made by The school
56 superintendent or his or her designee shall make such
57 determination and issue, and a waiver of hours shall be issued
58 to the minor and the employer. The form and contents thereof
59 shall be prescribed by the department.
60 (c)(d) Minors Children in domestic service in private
61 homes, minors children employed by their parents, or pages in
62 the Florida Legislature.
63 (5)(6) The presence of a any minor in any place of
64 employment during working hours is shall be prima facie evidence
65 of his or her employment therein.
66 (6) Minors 16 and 17 years of age may be employed,
67 permitted, or suffered to work the same number of hours as a
68 person who is 18 years of age or older.
69 Section 2. Section 877.25, Florida Statutes, is amended to
70 read:
71 877.25 Local ordinance required; effect.—Sections 877.20-
72 877.24 do not apply in a county or municipality unless the
73 governing body of the county or municipality adopts an ordinance
74 that incorporates by reference the provisions of ss. 877.20-
75 877.24. Sections 877.20-877.24 do not preclude county or
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76 municipal ordinances regulating the presence of minors in public
77 places and establishments which provide restrictions more
78 stringent or less stringent than the curfew imposed under s.
79 877.22. However, a governing body of a county or municipality
80 may not adopt or enforce an ordinance that regulates the
81 presence of minors in public places and establishments which
82 imposes restrictions more stringent than the curfew imposed
83 under s. 877.22.
84 Section 3. This act shall take effect July 1, 2024.
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REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 49 by Rep. Chaney
Employment and Curfew of Minors
AMENDMENT SUMMARY
December 13, 2023
Amendment 1 by Rep. Chaney (line 76-83):
• Clarifies that the provision in the law that allows ordinances adopted by a governing
body of a county or municipality that regulate the presence of minors in public places
and establishments that are more stringent or less stringent than the restrictions in the
current law:
o Applies to minors under the age of 18, as defined in s. 450.12, F.S.; and
o Must contain the exceptions provided in s. 877.24, F.S., which allow minors
during curfew hours to go to and from work and school, and be involved in
emergencies.
HB 293
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 293 Hurricane Protections for Homeowners' Associations
SPONSOR(S): Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 600
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. HOAs may levy fines
against or suspend certain access rights of a parcel owner for failing to comply with the HOA’s governing
documents.
If the HOA’s governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:
Require a review and approval of plans and specifications for the location, size, type, or appearance of
any structure or other improvement on a parcel before a parcel owner makes such improvement.
Enforce standards for the external appearance of any structure or improvement located on a parcel.
Hurricane hardening involves improvements to a home or other structure to make it less susceptible to damage
from extreme wind, flooding, or flying debris. Hardening improves the durability and stability of a structure,
making it better able to withstand the impacts of hurricanes without sustaining major damage.
The bill:
Requires an HOA or ARC to adopt hurricane protection specifications for each structure or other
improvement on a parcel governed by the HOA. The specifications may include the color and style of
hurricane protection products and must comply with the applicable building code.
Prohibits an HOA or ARC from denying an application for the installation, enhancement, or replacement
of hurricane protection by a parcel owner which conforms to the specifications adopted by the HOA or
ARC.
Allows the HOA or ARC to require a parcel owner to adhere to an existing unified building scheme
regarding the external appearance of the structure or other improvement on the parcel.
Provides that "hurricane protection” includes, but is not limited to:
o Metal roofs,
o Permanent fixed or roll-down track storm shutters, and
o Impact-resistant windows and doors.
The bill provides that in order to protect the health, safety, and welfare of the people of the state and to ensure
uniformity and consistency in the hurricane protection installed by parcel owners, the bill applies to all HOAs in
the state, regardless of when the community was created.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0293.RRS
DATE: 12/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Homeowners’ Associations
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 (board). 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
An HOA must be a Florida corporation and the initial governing documents must be recorded in the
official records of the county in which the community is located. The powers and duties of an
association include those set forth in the HOA Act and in the governing documents, except as expressly
limited or restricted in the HOA Act.
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 Architectural and Construction Improvement Covenants and Rules
If the governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:4
Require a review and approval of plans and specifications for the location, size, type, or
appearance of any structure or other improvement on a parcel before a parcel owner makes
such improvement.
Enforce standards for the external appearance of any structure or improvement located on a
parcel.
The HOA or ARC may not restrict the right of a parcel owner to select from any options given in the
governing documents for the use of material, the size of the structure or improvement, the design of the
structure or improvement, or the location of the structure or improvement on the parcel. 5
Each parcel owner is entitled to the rights and privileges set forth in the governing documents
concerning the architectural use of the parcel, and the construction of permitted structures and
improvements on the parcel and such rights and privileges may not be unreasonably infringed upon or
impaired by the HOA or ARC. If the an HOA or ARC unreasonably, knowingly, and willfully infringes
1 S. 720.301(9), F.S.
2 See generally ch. 720, F.S.
3 S. 720.311, F.S.
4 S. 720.3035(1), F.S.
5 S. 720. 3035(2), F.S.
STORAGE NAME: h0293.RRS PAGE: 2
DATE: 12/11/2023
upon or impairs such rights and privileges, the adversely affected parcel owner may recover damages,
including any costs and reasonable attorney’s fees. 6
An HOA or ARC may not enforce any policy or restriction that is inconsistent with the rights and
privileges of a parcel owner set forth in the governing documents, whether uniformly applied or not.7
Levying Fines
Owners, tenants, and guests must comply with an HOA’s governing documents, including those related
to architectural or construction improvements. HOAs may levy fines against or suspend the right of a
parcel owner, tenant, or a guest of an owner or occupant, to use the common areas 8 or any other
association property for failing to comply with any provision in the HOA’s governing documents.9
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. A fine may not become a lien on the
property unless it exceeds $1,000.10
Hurricane Hardening
Generally, hurricane hardening involves improvements to a building structure and its openings to make
it less susceptible to damage from extreme wind, flooding, or flying debris. Hardening improves the
durability and stability of a structure, making it better able to withstand the impacts of hurricanes and
weather events without sustaining major damage.11
Hurricane hardening includes installing hurricane impact-rated doors, windows with impact-resistant
glass, reinforced roof and wall structures that meet or exceed high-velocity impact codes, independent
emergency power systems, potable water storage, fuel stores, and other supplies and systems that will
sustain those within the building for a certain time period after a storm.12
Most hurricane hardening must be installed in compliance with applicable codes, including the Florida
Building Code, and by a licensed construction contractor. 13
Condominium Hurricane Protection Specifications
Each residential condominium must adopt hurricane shutter specifications for each building of the
condominium, which must include color, style, and other factors deemed relevant by the condominium.
All such specifications must comply with the applicable building code.14 A condominium is not required
to adopt other hurricane protection specifications.
A condominium may not refuse to approve the installation or replacement of hurricane shutters, impact
glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a
condominium unit owner conforming to the condominium’s specifications.15
6 S. 720.3035(4), F.S.
7 S. 720.3035(5), F.S.
8 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.
9 S. 720.305, F.S.
10 S. 720.305(2), F.S.
11 Hurricane Hardening, WGInc, (June 14, 2018), https://wginc.com/hurricane-hardening/ (last visited Dec. 8, 2023);
Hardening and Resiliency U.S. Energy Industry Response to Recent Hurricane Seasons , U.S. Department of Energy,
Aug. 2010, p.8, https://www.oe.netl.doe.gov/docs/HR-Report-final-081710.pdf (last visited Dec. 8, 2023).
12 Id.
13 See s. 553.72(1), F.S.; S. 489.105, F.S.
14 S. 718.113(5), F.S.
15 S. 718.113(5)(d), F.S.
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DATE: 12/11/2023
Effect of the Bill
The bill requires an HOA or any ARC to adopt hurricane protection specifications for each structure
or other improvement on a parcel governed by the HOA. The specifications may include the color and
style of hurricane protection products and any other factor deemed relevant by the board. All
specifications adopted by the HOA must comply with the applicable building code.
The bill allows the HOA or ARC to require a parcel owner to adhere to an existing unified building
scheme regarding the external appearance of the structure or other improvement on the parcel.
The bill provides that, regardless of any other provision in the HOA’s governing documents, the HOA or
ARC may not deny an application for the installation, enhancement, or replacement of hurricane
protection by a parcel owner which conforms to the specifications adopted by the HOA or ARC.
The bill provides that "hurricane protection” includes, but is not limited to:
Metal roofs,
Permanent fixed storm shutters,
Roll-down track storm shutters,
Impact-resistant windows and doors,
Polycarbonate panels,
Reinforced garage doors,
Erosion controls, and
Other hurricane protection products used to preserve and protect the structures or
improvements on a parcel governed by the HOA.
The bill provides that in order to protect the health, safety, and welfare of the people of the state and to
ensure uniformity and consistency in the hurricane protection installed by parcel owners, the bill applies
to all HOAs in the state, regardless of when the community was created.
B. SECTION DIRECTORY:
Section 1: Amends s. 720.3035, F.S.; requiring HOAs to provide certain guidance and allow certain
improvements related to hurricane protection.
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:
STORAGE NAME: h0293.RRS PAGE: 4
DATE: 12/11/2023
The bill may allow more HOA parcel owners to harden their homes to withstand a storm, which could
increase construction in the state and reduce effects of a storm on residences.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
It is not clear if the bill is intended to be applied retroactively.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0293.RRS PAGE: 5
DATE: 12/11/2023
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 293 2024
1 A bill to be entitled
2 An act relating to hurricane protections for
3 homeowners' associations; amending s. 720.3035, F.S.;
4 providing applicability; requiring the board or a
5 committee of a homeowners' association to adopt
6 hurricane protection specifications; requiring that
7 such specifications conform to applicable building
8 codes; prohibiting the board or a committee of an
9 association from denying an application for the
10 installation, enhancement, or replacement of certain
11 hurricane protection; authorizing the requirement to
12 adhere to certain guidelines regarding the external
13 appearance of a structure or an improvement on a
14 parcel; defining the term "hurricane protection";
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (6) is added to section 720.3035,
20 Florida Statutes, to read:
21 720.3035 Architectural control covenants; parcel owner
22 improvements; rights and privileges.—
23 (6)(a) To protect the health, safety, and welfare of the
24 people of the state and to ensure uniformity and consistency in
25 the hurricane protection installed by parcel owners, this
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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 293 2024
26 subsection applies to all homeowners' associations in the state,
27 regardless of when the community was created. The board or any
28 architectural, construction improvement, or other such similar
29 committee of an association must adopt hurricane protection
30 specifications for each structure or other improvement on a
31 parcel governed by the association. The specifications may
32 include the color and style of hurricane protection products and
33 any other factor deemed relevant by the board. All
34 specifications adopted by the board must comply with the
35 applicable building code.
36 (b) Notwithstanding any other provision in the governing
37 documents of the association, the board or any architectural,
38 construction improvement, or other such similar committee may
39 not deny an application for the installation, enhancement, or
40 replacement of hurricane protection by a parcel owner which
41 conforms to the specifications adopted by the board or
42 committee. The board or committee may require a parcel owner to
43 adhere to an existing unified building scheme regarding the
44 external appearance of the structure or other improvement on the
45 parcel.
46 (c) For purposes of this subsection, the term "hurricane
47 protection" includes, but is not limited to, metal roofs,
48 permanent fixed storm shutters, roll-down track storm shutters,
49 impact-resistant windows and doors, polycarbonate panels,
50 reinforced garage doors, erosion controls, and other hurricane
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HB 293 2024
51 protection products used to preserve and protect the structures
52 or improvements on a parcel governed by the association.
53 Section 2. This act shall take effect upon becoming a law.
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hb0293-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 293 (2024)
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 Sirois offered the following:
4
5 Amendment
6 Remove line 50 and insert:
7 reinforced garage doors, erosion controls, exterior fixed
8 generators, fuel storage tanks, and other hurricane
348607 - h293-line50.docx
Published On: 12/12/2023 10:05:31 AM
Page 1 of 1
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 293 by Rep. Sirois
Hurricane Protections for Homeowners' Associations
AMENDMENT SUMMARY
December 13, 2024
Amendment 1 by Rep. Sirois (line 50):
• Adds exterior fixed generators and fuel storage tanks to the list of items for which an
HOA must adopt specifications for acceptable use or installation by parcel owners.
HB 303
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 303 Rabies Vaccinations
SPONSOR(S): Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 334
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Commerce Committee
SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).
All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian against
rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in those species.
The owner must have the animal revaccinated 12 months after the initial vaccination, and subsequent
vaccinations must conform to the vaccine manufacturer’s directions. The cost of vaccination must be borne by
the animal’s owner. Violations of this requirement are a civil infraction, punishable by a penalty of up to $500.
Currently, Florida law does not appear to allow anyone other than a licensed veterinarian to administer the
rabies vaccine. According to Board rule, rabies is recognized as a disease that is communicable to humans
and a public health significance, and as a result, only a veterinarian is authorized to immunize or treat an
animal for this disease.
The bill:
Allows an employee, an agent, or a contractor of a county or municipal animal control authority, or
sheriff, acting under the indirect supervision of a veterinarian, to administer rabies vaccinations to
impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by
the owner.
Provides that the supervising veterinarian assumes responsibility for any person vaccinating animals at
his or her direction or under his or her direct or indirect supervision.
Defines "indirect supervision," to mean the supervising veterinarian is required to be available for
consultation through telecommunications but is not required to be physically present during such
consultation.
Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his or her
signature stamp in lieu of an actual signature to the rabies vaccination certificate.
The bill is expected to have a positive fiscal impact on local government, and may have a positive fiscal impact
on the private sector.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0303.RRS
DATE: 12/8/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Practice of Veterinary Medicine
The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation
(DBPR) implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice
act). The purpose of the practice act is to ensure that every veterinarian practicing in this state meets
minimum requirements for safe practices to protect public health and safety. 1
A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of
veterinary medicine in Florida2 and they are subject to disciplinary action from the Board for various
violations of the practice act.3
The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease, or holding oneself out as performing any of these functions. 4
Veterinary medicine includes, with respect to animals:5
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine); and
Other branches or specialties of veterinary medicine.
The practice act does not apply to the following categories of persons:
Veterinary aides, nurses, laboratory technicians, preceptors, 6 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision7 of a licensed veterinarian;
Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
Faculty veterinarians when they have assigned teaching duties at accredited8 institutions;
Certain graduated intern/resident veterinarians of accredited institutions;
1 S. 474.201, F.S.
2 S. 474.202(11), F.S.
3 Ss. 474.213 & 474.214, F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. S. 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird, amphibian,
fish, or reptile, wild or domestic, living or dead.”
6 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Nov. 30, 2023).
7 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
8 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medica l
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
STORAGE NAME: h0303.RRS PAGE: 2
DATE: 12/8/2023
Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
Certain doctors of veterinary medicine employed by a state agency or the United States
Government;
Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
Certain entities or persons 9 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
or techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine. 10
Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.11 Each person to whom a veterinary license or premises permit is issued must
conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic.12
By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
Render a handwriting sample to an agent of the department and, further, to have waived any
objections to its use as evidence against her or him.
Waive the confidentiality and authorize the preparation and release of medical reports
pertaining to the mental or physical condition of the licensee when the department has reason
to believe that a violation of this chapter has occurred and when the department issues an
order, based on the need for additional information, to produce such medical reports for the time
period relevant to the complaint.13
For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida. DBPR
received 568 complaints, which resulted in 26 disciplinary actions.14
Rabies Vaccinations
All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
those species.15 The owner must have the animal revaccinated 12 months after the initial vaccination,
and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
punishable by a penalty of up to $500.16
A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined
the animal and has certified in writing that the vaccination would endanger the animal’s health because
of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be
vaccinated against rabies as soon as its health permits.17
9 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations ,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of
veterinary medicine, or persons under the direct supervision thereof ....”
10 See s. 474.203, F.S.
11 S. 474.215(1), F.S.
12 S. 474.216, F.S.
13 S. 474.2185, F.S.
14 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 202 1-2022,
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021 -22.pdf (last visited Nov. 30,
2023).
15 S. 828.30(1), F.S.
16 See s. 828.27(2), F.S
17 S. 828.30(2), F.S.
STORAGE NAME: h0303.RRS PAGE: 3
DATE: 12/8/2023
Upon vaccination, the licensed veterinarian is required to provide the animal’s owner and the animal
control authority with a rabies vaccination certificate.18 The veterinarian who administers the rabies
vaccine to an animal as required under this section may affix his or her signature stamp in lieu of an
actual signature.19
Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the “immediate supervision” of a licensed veterinarian. 20 In addition, the following tasks may be
performed without the licensed veterinarian on the premises:
The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.21
The Board has recognized that the following diseases are communicable to humans and are of public
health significance, and as a result, only a veterinarian is authorized to immunize or treat an animal
for these diseases. The diseases include:
Brucellosis.
Tuberculosis.
Rabies.
Equine Encephalomyelitis.22
Effect of the Bill
The bill:
Allows an employee, an agent, or a contractor of a county or municipal animal control authority,
or sheriff, acting under the indirect supervision of a veterinarian, to administer rabies
vaccinations to impounded dogs, cats, and ferrets that will be transferred, rescued, fostered,
adopted, or reclaimed by the owner.
Provides that the supervising veterinarian assumes responsibility for any person vaccinating
animals at his or her direction or under his or her direct or indirect supervision.
Defines "indirect supervision," to mean the supervising veterinarian is required to be available
for consultation through telecommunications but is not required to be physically present during
such consultation.
Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his
or her signature stamp in lieu of an actual signature to the rabies vaccination certificate.
B. SECTION DIRECTORY:
Section 1: Amends s. 828.30, F.S.; authorizing certain persons to administer rabies vaccinations to
certain animals under indirect supervision of a veterinarian.
Section 2: Amends s. 474.203, F.S., conforming provisions relating to exemptions.
Section 3: Amends s. 767.16, F.S., conforming provisions relating to police canine or service dog;
exemption.
18 Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State
Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the informatio n
required by the NASPHV Rabies Vaccination Certificate.
19 S. 828.30(3), F.S.
20 S. 474.202(5), F.S., defines “immediate supervision” or words of similar purport to mean a licensed doctor of veterinary medicine is
on the premises whenever veterinary services are being provided.
21 R. 61G18-17.005, F.A.C.
22 R. 61G18-17.006, F.A.C.
STORAGE NAME: h0303.RRS PAGE: 4
DATE: 12/8/2023
Section 4: Amends s. 828.29, F.S., conforming provisions relating to dogs and cats transported or
offered for sale; health requirements; consumer guarantee.
Section 5: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with veterinarians currently required to be onsite to administer rabies vaccinations.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce the amount of rabies cases in the state, the associated risks to the health of
humans and animals, and related expenses.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h0303.RRS PAGE: 5
DATE: 12/8/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0303.RRS PAGE: 6
DATE: 12/8/2023
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 303 2024
1 A bill to be entitled
2 An act relating to rabies vaccinations; amending s.
3 828.30, F.S.; authorizing certain persons to
4 administer rabies vaccinations to certain animals
5 under indirect supervision of a veterinarian; defining
6 the term "indirect supervision"; conforming
7 provisions; amending ss. 474.203, 767.16, and 828.29,
8 F.S.; conforming provisions to changes made by the
9 act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (1) and (3) of section 828.30,
14 Florida Statutes, are amended to read:
15 828.30 Rabies vaccination of dogs, cats, and ferrets.—
16 (1)(a) All dogs, cats, and ferrets 4 months of age or
17 older must be vaccinated by a licensed veterinarian or a person
18 authorized under paragraph (b) against rabies with a vaccine
19 that is licensed by the United States Department of Agriculture
20 for use in those species.
21 (b) Acting under the indirect supervision of a
22 veterinarian, an employee, an agent, or a contractor of a county
23 or municipal animal control authority or sheriff may vaccinate
24 against rabies dogs, cats, and ferrets in the custody of an
25 animal control authority or a sheriff that will be transferred,
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HB 303 2024
26 rescued, fostered, adopted, or reclaimed by the owner. The
27 supervising veterinarian assumes responsibility for any person
28 vaccinating animals at his or her direction or under his or her
29 direct or indirect supervision. As used in this paragraph, the
30 term "indirect supervision" means that the supervising
31 veterinarian is required to be available for consultation
32 through telecommunications but is not required to be physically
33 present during such consultation.
34 (c) The owner of every dog, cat, and ferret shall have the
35 animal revaccinated 12 months after the initial vaccination.
36 Thereafter, the interval between vaccinations shall conform to
37 the vaccine manufacturer's directions. The cost of vaccination
38 must be borne by the animal's owner. Evidence of circulating
39 rabies virus neutralizing antibodies may shall not be used as a
40 substitute for current vaccination in managing rabies exposure
41 or determining the need for booster vaccinations.
42 (3) Upon vaccination against rabies, the licensed
43 veterinarian shall provide the animal's owner and the animal
44 control authority with a rabies vaccination certificate. Each
45 animal control authority and veterinarian shall use the "Rabies
46 Vaccination Certificate" of the National Association of State
47 Public Health Veterinarians (NASPHV) or an equivalent form
48 approved by the local government that contains all the
49 information required by the NASPHV Rabies Vaccination
50 Certificate. The veterinarian who administers the rabies
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51 vaccination or who supervises the administration of the rabies
52 vaccination as provided in paragraph (1)(b) vaccine to an animal
53 as authorized required under this section may affix his or her
54 signature stamp in lieu of an actual signature.
55 Section 2. Paragraph (a) of subsection (5) of section
56 474.203, Florida Statutes, is amended to read:
57 474.203 Exemptions.—This chapter does not apply to:
58 (5)(a) Any person, or the person's regular employee,
59 administering to the ills or injuries of her or his own animals,
60 including, but not limited to, castration, spaying, and
61 dehorning of herd animals, unless title is transferred or
62 employment provided for the purpose of circumventing this law.
63 This exemption does not apply to any person licensed as a
64 veterinarian in another state or foreign jurisdiction and
65 practicing temporarily in this state. However, except as
66 provided in s. 828.30, only a veterinarian may immunize or treat
67 an animal for diseases that are communicable to humans and that
68 are of public health significance.
69
70 For the purposes of chapters 465 and 893, persons exempt
71 pursuant to subsection (1), subsection (2), or subsection (4)
72 are deemed to be duly licensed practitioners authorized by the
73 laws of this state to prescribe drugs or medicinal supplies.
74 Section 3. Subsection (2) of section 767.16, Florida
75 Statutes, is amended to read:
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76 767.16 Police canine or service dog; exemption.—
77 (2) Any dog used as a service dog for blind, hearing
78 impaired, or disabled persons that bites another animal or a
79 human is exempt from any quarantine requirement following such
80 bite if the dog has a current rabies vaccination that was
81 administered as provided in s. 828.30 by a licensed
82 veterinarian.
83 Section 4. Paragraph (b) of subsection (1) and paragraph
84 (b) of subsection (2) of section 828.29, Florida Statutes, are
85 amended to read:
86 828.29 Dogs and cats transported or offered for sale;
87 health requirements; consumer guarantee.—
88 (1)
89 (b) For each dog offered for sale within the state, the
90 tests, vaccines, and anthelmintics required by this section must
91 be administered by or under the direction of a veterinarian,
92 licensed by the state and accredited by the United States
93 Department of Agriculture, who issues the official certificate
94 of veterinary inspection. The tests, vaccines, and anthelmintics
95 must be administered before the dog is offered for sale in the
96 state, unless the licensed, accredited veterinarian certifies on
97 the official certificate of veterinary inspection that to
98 inoculate or deworm the dog is not in the best medical interest
99 of the dog, in which case the vaccine or anthelmintic may not be
100 administered to that particular dog. Each dog must receive
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101 vaccines and anthelmintics against the following diseases and
102 internal parasites:
103 1. Canine distemper.
104 2. Leptospirosis.
105 3. Bordetella (by intranasal inoculation or by an
106 alternative method of administration if deemed necessary by the
107 attending veterinarian and noted on the health certificate,
108 which must be administered in this state once before sale).
109 4. Parainfluenza.
110 5. Hepatitis.
111 6. Canine parvo.
112 7. Rabies, provided the dog is over 3 months of age and
113 the inoculation is administered by as provided in s. 828.30 a
114 licensed veterinarian.
115 8. Roundworms.
116 9. Hookworms.
117
118 If the dog is under 4 months of age, the tests, vaccines, and
119 anthelmintics required by this section must be administered no
120 more than 21 days before sale within the state. If the dog is 4
121 months of age or older, the tests, vaccines, and anthelmintics
122 required by this section must be administered at or after 3
123 months of age, but no more than 1 year before sale within the
124 state.
125 (2)
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126 (b) For each cat offered for sale within the state, the
127 tests, vaccines, and anthelmintics required by this section must
128 be administered by or under the direction of a veterinarian,
129 licensed by the state and accredited by the United States
130 Department of Agriculture, who issues the official certificate
131 of veterinary inspection. The tests, vaccines, and anthelmintics
132 must be administered before the cat is offered for sale in the
133 state, unless the licensed, accredited veterinarian certifies on
134 the official certificate of veterinary inspection that to
135 inoculate or deworm the cat is not in the best medical interest
136 of the cat, in which case the vaccine or anthelmintic may not be
137 administered to that particular cat. Each cat must receive
138 vaccines and anthelmintics against the following diseases and
139 internal parasites:
140 1. Panleukopenia.
141 2. Feline viral rhinotracheitis.
142 3. Calici virus.
143 4. Rabies, if the cat is over 3 months of age and the
144 inoculation is administered as provided in s. 828.30 by a
145 licensed veterinarian.
146 5. Hookworms.
147 6. Roundworms.
148
149 If the cat is under 4 months of age, the tests, vaccines, and
150 anthelmintics required by this section must be administered no
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151 more than 21 days before sale within the state. If the cat is 4
152 months of age or older, the tests, vaccines, and anthel mintics
153 required by this section must be administered at or after 3
154 months of age, but no more than 1 year before sale within the
155 state.
156 Section 5. This act shall take effect July 1, 2024.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 303 (2024)
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 Killebrew offered the following:
4
5 Amendment
6 Remove line 113 and insert:
7 the inoculation is administered by as provided in s. 828.30 a
653117 - h0303-line 113.docx
Published On: 12/8/2023 3:24:30 PM
Page 1 of 1
PCS for HB 267
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 267 Building Regulations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform & Economic Wright Anstead
Development Subcommittee
SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building
permits. Current law provides standards and timeframes for local governments to follow related to the issuance
of building permits.
The bill:
Requires a local government to:
o Determine if a building permit application is complete within 5 days of receiving the application,
previously set at 10 days.
o Determine if a building permit application is sufficient within 10 days of receiving a completed
application, previously set at 45 days.
o Approve, approve with conditions, or deny a complete and sufficient permit application within
the following timeframes:
30 days for applicants using local government review services, previously set at 120
days;
15 days for applicants using private provider services, previously set at 120 days; and
10 days for applicants for a permit under an already-approved master plan permit,
previously set at 120 days.
o Provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a
second request for additional information may be made.
Provides that a local government can request additional information from an applicant two times, unless
the applicant agrees otherwise, previously set at three times.
In Florida law, “plat” means a map or delineated representation of the subdivision of lands , and is generally
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and tracts.
Some local governments allow a developer to commence construction after a preliminary plat has been issued,
but before the plat is finalized.
The bill:
Requires certain local governments to create a process to expedite the issuance of building permits
based on a preliminary plat and to issue the number or percentage of building permits requested by an
applicant, under certain circumstances.
Allows an applicant to contract to sell, but not transfer ownership of, a residential structure or building
located in the preliminary plat before the final plat is approved.
Requires all local governments to create a master building permit process.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0267.RRS
DATE: 12/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation – Building Permits
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 Profess ional
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
Use of Building Code Enforcement Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the
enforcing agency for the issuance of a building permit. 7 Such fees shall be used solely for carrying out
the local government’s responsibilities in enforcing the Building Code. 8 Enforcing the Building Code
includes the direct costs and reasonable indirect costs associated with training, review of building
1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/20 06_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. 553.80 F.S.
8 Id.
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DATE: 12/11/2023
plans, building inspections, re-inspections, building permit processing, and fire inspections. 9 Local
governments must post all building permit and inspection fee schedules on their website.10
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs
in enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated
annual revenue derived from fees, and the fines and investment earnings related to the fees, may not
exceed the total estimated annual costs of allowable activities. Any unexpended balances must be
carried forward to future years for allowable activities or must be refunded at the discretion of the local
government. A local government may not carry forward an amount exceeding the average of its
operating budget, not including reserve amounts, for enforcing the Building Code for the previous 4
fiscal years.11
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.12
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
divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
and the Florida Homeowners’ Construction Recovery Fund.13
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.14
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:15
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.
9 S. 553.80 (7)(a)1., F.S.
10 Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
11 S. 553.80(7)(a), F.S.
12 S. 553.721, F.S.
13 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.
14 Ss. 468.631, and 553.721, F.S.
15 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_P rogram. pdf (last visited Dec. 7,
2023); PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and
Government Revenues, (Dec. 7, 2005).
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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: 16
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: 17
Accessory structure;
Slarm 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;
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: 18
Complete Application – 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.
Sufficiency of Application – 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 within 30
days or request that the local government act on the application without the additional
information.
Approve or Deny Application – 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.
16 Id.; Institute for Market Transformation,
Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5. pdf (last visited Dec. 7, 2023).
17 S. 553.792(2), F.S.
18 S. 553.792(1), F.S.
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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.19
Additional Information Standards20
A local government may only make three requests for additional information. 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 must21:
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 15 days of receiving the information from the applicant, if the
request is the local government’s first request.
Second 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.
Third 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.
Fee Reductions for Failure to Meet Timeframes
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.
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.22
Time-Period to Review Single-Family Residential Dwelling Building Permit Applications
Single-family residential dwelling permits must be issued within:
19 S. 553.792(1)(a), F.S.
20 S. 553.792(1)(b), F.S.
21 Id.
22 S. 553.79(16)(d), F.S.
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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.23
If 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.
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 Building Code or the enforcing agency’s laws or ordinances. 24
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.25
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: 26
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 government entity does not have to reduce the fee for a single-family residential dwelling building
permit, if: 27
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.
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 Building
Code or the enforcing agency's laws or ordinances. 28
Effect of the Bill – Building Permits
Building Permit Application Review
The bill removes a provision in Ch. 533, the Building Code, which requires single-family residential
dwelling permits to be issued within 30 days unless the application does not conform to the Building
Code or local laws or ordinances. However, the bill incorporates the time period to review single-family
residential dwellings into the general section related to building permit applications.29
23 S. 553.79(16), F.S.
24 S. 553.79(16)(a)-(b),F.S.
25 S. 553.79(16)(c), F.S.
26 S. 553.79(16)(c), F.S.
27 S. 553.79(16)(b), F.S.
28 S. 553.79(16)(e), F.S.
29 See, s. 553.792, F.S.
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The bill reduces current timelines and revises procedures for applying for and obtaining a building
permit. The new procedures set out below apply to the following building permit applications:
Accessory structure;
Alarm permit;
Nonresidential buildings less than 25,000 square feet;
Electric;
Irrigation;
Landscaping;
Mechanical;
Plumbing;
Residential units including a single-family residential unit or a single-family residential
dwelling;
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 a permit application set forth above.
Timelines to Approve or Deny a Completed and Sufficient Building Permit Application
The bill reduces the time that a local government has to approve, approve with conditions, or deny a
building permit application following receipt of a completed and sufficient application to the following
timelines, unless the applicant waives such limitation in writing:
For an applicant using local government plans review to obtain a building permit:
o Within 30 days after receiving a complete and sufficient application (currently 120
days, or 30 days for single-family residential dwellings).
For an applicant using a private provider to obtain a building permit:
o Within 15 days after receiving a complete and sufficient application (currently 120
days, or 30 days for single-family residential dwellings).
For an applicant for a master plan permit:
o Within 10 days after receiving a complete and sufficient application (current timeframe
is dependent on the local program, or 30 days for single-family residential
dwellings).
For an applicant 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:
o Within 10 days after receipt of the application, unless the permit application fails to
satisfy the Building Code or the enforcing agency's laws or ordinances (currently 15
days).
If the local government does not approve, approve with conditions, or deny the completed and sufficient
application within the required timeframes, the application is deemed approved.
The bill requires a local government to maintain a policy on its website containing procedures and
expectations for processing of any building permits and development orders required by law to be
expedited.
Timelines to Determine a Complete and Sufficient Application
The bill reduces the time that a local government has to provide written notice to the applicant about
what information, if any, is needed before the application is deemed:
Completed:
o Local government has 5 days to review an application and determine if it has been
properly completed (from 10 days).
Sufficient:
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DATE: 12/11/2023
o Local government has 10 days to review a completed application to determine whether
more information is needed or whether the application is sufficient (from 45 days).
The bill reduces the amount of times that a local government may request additional information from
the applicant when reviewing an application for sufficiency for a building permit, to two times, from
three times.
If the local government requests additional information for a second time, such request must be within
10 days of receiving additional information after the first request, and the local government must
determine the sufficiency of the application within 10 days of receiving the requested additional
information.
The bill allows a local government to offer to meet virtually, instead of only in person, with the
applicant to attempt to resolve outstanding issues before a second request for additional information is
made.
If the applicant believes a request for additional information is not authorized by ordinance, rule, statute,
or other legal authority, the bill requires the local government, at the applicant's written request, to
approve the application, approve the application with conditions, or deny the application within 10 days
after receipt of such. The local government must provide the applicant with sufficient reason for a
denial.
Use of Building Code Enforcement Fees
The bill clarifies that local governments may use fees, and any related fines or investment earnings,
they have collected for enforcing the Building Code to upgrade technology hardware and software
systems used to enforce the Building Code.
Current Situation – Plats
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable state requirements and of any local ordinances.30 Generally, platting is
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and
tracts. These smaller areas become the residential lots, streets and parks of a new residential sub-
division.31
State law establishes consistent minimum requirements for the establishment of plats, and local
governing bodies have the power to regulate and control the platting of lands.32 Prior to approval by the
appropriate governing body, the plat must be reviewed for conformity with state and local law and
sealed by a professional surveyor and mapper who is either employed by or under contract to the local
governing body.33
Before a plat is offered for recording with the clerk of the circuit court, it must be approved by the
appropriate governing body, and evidence of such approval must be placed on the plat. If not approved,
the governing body must return the plat to the professional surveyor and mapper or the legal entity
offering the plat for recordation.
Jurisdiction over plat approval is as follows:34
30 S. 177.031(14), F.S.
31 Harry W. Carls, Florida Condo & HOA Law Blog, May 17, 2018, Why is a Plat so Important?,
https://www.floridacondohoalawblog.com/2018/05/17/ why-is-a-plat-so-important/ (last visited Dec. 7, 2023).
32 S. 177.011, F.S.
33 S. 177.081(1), F.S.
34 S. 177.071(1), F.S.
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When the plat to be submitted for approval is located wholly within the boundaries of a
municipality, the governing body of the municipality has exclusive jurisdiction to approve the
plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of the
county has exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be
prepared and each governing body has exclusive jurisdiction to approve the plat within its
boundaries, unless the governing bodies having said jurisdiction agree that one plat is mutually
acceptable.
Every plat of a subdivision offered for recording must have certain information, including providing:35
The name of the plat in bold legible letters, and the name of the subdivision, professional
surveyor and mapper or legal entity, and street and mailing address on each sheet.
The section, township, and range immediately under the name of the plat on each sheet
included, along with the name of the city, town, village, county, and state in which the land being
platted is situated.
The dedications and approvals by the surveyor and mapper and local governing body, and the
circuit court clerk’s certificate and the professional surveyor and mapper’s seal and statement.
All section lines and quarter section lines occurring within the subdivision. If the description is by
metes and bounds, all information called for, such as the point of commencement, course
bearings and distances, and the point of beginning. If the platted lands are in a land grant or are
not included in the subdivision of government surveys, then the boundaries are to be defined by
metes and bounds and courses.
Location, width, and names of all streets, waterways, or other rights-of-way.
Location and width of proposed easements and existing easements identified in the title opinion
or property information report must be shown on the plat or in the notes or legend, and their
intended use.
All lots numbered either by progressive numbers or, if in blocks, progressively numbered in
each block, and the blocks progressively numbered or lettered, except that blocks in numbered
additions bearing the same name may be numbered consecutively throughout the several
additions.
Sufficient survey data to positively describe the bounds of every lot, block, street easement, and
all other areas shown on the plat.
Designated park and recreation parcels.
All interior excepted parcels clearly indicated and labeled “Not a part of this plat.”
The purpose of all areas dedicated clearly indicated or stated on the plat.
That all platted utility easements must provide that such easements are also easements for the
construction, installation, maintenance, and operation of cable television services; provided,
however, no such construction, installation, maintenance, and operation of cable television
services interferes with the facilities and services of an electric, telephone, gas, or other public
utility.
Preliminary Plat Approval
Many local governments around the state have a process to approve a preliminary plat before
approving a final plat. Generally, a preliminary plat is a technical, graphic representation of a proposed
development, including plans for streets, utilities, drainage, easements, and lot lines, for a proposed
subdivision. If a preliminary plat is required, it is generally a prerequisite for a final plat approval and the
submission of any property improvement plans or permit applications.36
35 S. 177.091, F.S.
36 For examples, see City of Zephyrhills Code of Ordinances s. 11.03.02.01; Palm Beach County Code of Ordinances Art.
11., Ch. A.; Seminole County, SEMINOLE COUNTY PLANNING & DEVELOPMENT DIVISION, Subdivision Application,
https://www.seminolecountyfl.gov/core/fileparse.php/3307/urlt/SUBDIV ISION -05-2023.ADA.pdf (last visited Dec. 10,
2023).
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Generally, a preliminary plat approval is approval of the development plan, and a final plat approval is
approval of a finalized development plan; engineering plans, if required; and documents confirming the
parties with a property interest; which is then recorded with the clerk of the circuit court.37
Based on a preliminary plat approval, some local governments allow a developer to commence
construction before the plat is finalized. For example, the City of Jacksonville, Village of Royal Palm
Beach, and the City of Tallahassee allow for a preliminary plat approval process.38
In Jacksonville, the Planning and Development Department (Department) of the City of Jacksonville,
upon request of an applicant, may allow up to 50 percent of the lots within a proposed subdivision to be
developed, but not occupied, based on a preliminary plat approval so long as the developer or owner
meets the following conditions for construction:39
Prior to Civil Plans submittal to the Department, the developer must submit the development
proposal to Jacksonville Electric Authority (JEA) for review.
Once JEA has granted preliminary approval, the Department will review the preliminary site
plan, the preliminary and final engineering plans for the required improvements, and the sheet
identifying the lots being requested for home construction prior to platting as approved by JEA.
The Department reserves the right to deny authorization for development on a specific lot or lots
to protect City interests.
The developer or owner must provide a guarantee for required improvements and warranty of
title.
A Certificate of Occupancy may not be issued until the final plat is approved by JEA and the
Department and recorded in the current public records of Duval County, Florida.
Approval of the preliminary plat and required supplemental material are valid for 12 months from
the date of approval. If the final plat is not submitted to and approved during the 12-month
period, the conditional approvals are null and void.40
Vested Rights in Property Based on a Plat
In general, vested rights 41 form when a property owner or developer acquires real property rights that
cannot be taken by governmental regulation.42 Property owners or developers who do not have vested
rights will be subject to subsequently enacted land regulations, while subsequently enacted land
regulations do not apply to the property owners or developers who are determined to have vested
rights.43
Florida common law provides that vested rights in a property may be established if a property owner or
developer has:44
In good faith reliance,
Upon some act or omission of government,
37 Advance Surveying & Engineering, An In-Depth Look At Preliminary and Final Plats,
https://www.advsur.com/2019/07/an-in-depth-look-at -preliminary-and-final-plats/ (last visited Dec. 7, 2023).
38 City of Jacksonville Code of Ordinances s. 654-109, Village of Royal Palm Beach Code of Ordinances s. 22-22, City of
Tallahassee Code of Ordinances s. 9-92.
39 City of Jacksonville Code of Ordinances s. 654-139(d).
40 City of Jacksonville Code of Ordinances s. 654-109(b).
41 Florida courts have used the concepts of vested rights and equitable estoppel interchangeably in deciding fault in
property rights cases. Equitable estoppel, in this instance, means focusing on whether it would be inequitable or fair to
allow a local government to deny prior conduct or position on building or development decisions . Robert M. Rhodes and
Cathy M. Sellers, Equitable Estoppel and Vested Rights in Land Use, The Florida Bar, II Florida Environmental and Land
Use Law 8, (1994).
42 Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights t o Zoning Disputes,
Urb.L.Ann. 63, 64-65 (1971).
43 Monroe County v. Ambrose, 866 So.2d 707, 712 (Fla. 3d DCA 2003); Kristin Melton, de la Parte & Gilbert P.A., When
are Rights Vested in a Platted Development?, 2016,
https://www.dgfirm.com/email/2016summer/article2. html#:~:text=Florida%20common%20law%20provides%20t hat ,it%20
would%20make%20it%20highly (last visited Dec. 8, 2023).
44 Monroe County, 866 So.2d at 710.
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Made such a substantial change in position or has incurred such extensive obligations and
expenses,
That it would make it highly inequitable to interfere with the acquired right.
Recordation of a final plat with the clerk of the circuit court alone is not sufficient to establish vested
rights 45 in the land development regulations in existence at that time.46 Instead, the property owner or
developer must take meaningful steps towards development of the property, such as applying for
development permits or expending certain monies,47 to constitute a substantial change in position or be
considered extensive obligations and expenses towards development of the property in reliance on
some action by the local government.48
Additionally, a property owner or developer may obtain vested rights in both a local government-
approved preliminary plat and a final plat, as long as expenditures or a substantial change have been
made by the property owner or developer based on such preliminary plat or plat.49
Effect of the Bill - Plats
The bill requires a governing body to create:
A two-step application process for the adoption of a preliminary plat and for a final plat in order
to expedite the issuance of building permits related to such plats. The application must allow an
applicant to identify the percentage of planned homes, or the number of building permits, that
the governing body must issue for the residential subdivision or planned community indicated in
the preliminary plat.
A master building permit process consistent with existing master building permit application
requirements for applicants seeking multiple building permits for residential subdivisions or
planned communities.
o The bill provides that a master building permit issued pursuant to this requirement is
valid for 3 consecutive years after its issuance or until the adoption of a new Building
Code, whichever is earlier. After a new Building Code is adopted, the applicant may
apply for a new master building permit, which, upon approval, is valid for 3 consecutive
years.
The bill requires the governing body to issue the number or percentage of building permits requested
by an applicant, provided the residential buildings or structures are unoccupied and all of the following
conditions are met:
The governing body has approved a preliminary plat for each residential building or structure.
The applicant provides proof to the governing body that the applicant has provided a copy of the
approved preliminary plat, along with the approved plans, to the relevant electric, water, and
wastewater utilities.
The applicant holds a valid performance bond for up to 130 percent of the necessary utilities,
roads, and stormwater improvements that have not been completed upon submission of the
application under this section. For purposes of master planned communities, 50 a valid
performance bond is required on a phase-by-phase basis.
By August 15, 2024, the bill requires a governing body of a county that has 75,000 residents or more
and a governing body of a municipality that has 30,000 residents or more to create a program to
expedite the process for issuing building permits for residential subdivisions or planned communities
before a final plat is recorded with the clerk of the circuit court.
45 Id.
46 Melton, supra, at 42.
47 Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975).
48 Id.; Melton, supra, at 42.
49 The Florida Companies v. Orange County, 411 So.2d 1008, 1011 (Fla. 5th DCA 1982)
50 “Planned unit development” or “master planned community” means an area of land that is planned and developed as a
single entity or in approved stages with uses and structures substantially related to the character of the entire
development, or a self-contained development in which the subdivision and zoning controls are applied to the project as a
whole rather than to individual lots. S. 163.3203(5)(b), F.S.
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Such expedited process must include an application for an applicant to identify the percentage of
planned homes, or the number of building permits, that the governing body must issue for the
residential subdivision or planned community, not to exceed 50 percent of the residential subdivision
or planned community. However, such a local government may issue building permits that exceed 50
percent of the residential subdivision or planned community.
By December 31, 2027, the bill requires such a governing body to update its expedited process to
contain an application that allows an applicant to request an increased percentage of up to 75
percent of building permits for planned homes that the local governing body must issue for the
residential subdivision or planned community. However, such a local government may issue building
permits that exceed 75 percent of the residential subdivision or planned community.
If a governing body had a program in place before July 1, 2023, to expedite the building permit
process, the bill requires such governing body to only update their program to approve an applicant's
written application to issue up to 50 percent of the building permits for the residential subdivision or
planned community. However, such a local government may issue building permits that exceed 50
percent of the residential subdivision or planned community.
The bill allows an applicant to use a private provider to review a preliminary plat and to obtain a
building permit for each residential building or structure.
The bill allows a governing body to work with appropriate local government agencies to issue an
address and a temporary parcel identification number for lot lines and lot sizes based on the metes and
bounds of the plat contained in an application.
The bill allows an applicant to contract to sell, but not transfer ownership of, a residential structure or
building located in the residential subdivision or planned community until the final plat is approved by
the governing body and recorded in the public records by the clerk of the circuit court.
The bill prohibits an applicant from obtaining a final certificate of occupancy for each residential
structure or building for which a building permit is issued until the final plat is approved by the governing
body and recorded in the public records by the clerk of the circuit court.
The bill requires an applicant to indemnify and hold harmless the governing body and its agents and
employees from damages accruing and directly related to the issuance of a building permit for a
residential building or structure located in the residential subdivision or planned community before the
approval and recording of the final plat by the governing body. This includes damage resulting from fire,
flood, construction defects, and bodily injury.
The bill provides the following definitions:
"Applicant" means a homebuilder or developer that files an application with the local governing
body to identify the percentage of planned homes, or the number of building permits, that the
local governing body must issue for the residential subdivision or planned community.
"Final plat" means the final tracing, map, or site plan presented by the subdivider to a governing
body for final approval, and, upon approval by the appropriate governing body, is submitted to
the clerk of the circuit court for recording.
"Preliminary plat" means a map or delineated representation of the subdivision of lands that is a
complete and exact representation of the residential subdivision or planned community and
contains required land boundary information.
B. SECTION DIRECTORY:
Section 1: Creates s. 177.073, F.S.; relating to approval of certain building permits pursuant to a
preliminary plat.
Section 2: Amends s. 553.79, F.S., relating to single-family residential permits.
Section 3: Amends s. 553.792, F.S., relating to building permit application processes.
Section 4: Amends s. 440.103, F.S., conforming a cross-reference.
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Section 5: Amends s. 553.80, F.S.; relating to acceptable uses of local government Building Code
enforcement fees.
Section 6: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
For a similar bill in 2023, DBPR stated that surcharge collections pursuant to s. 553.791, F.S., and
s. 468.631, F.S., could be impacted by the bill.51
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
For a similar bill in 2023, DBPR stated that this bill may reduce the amount of permit fees that could
be collected by local governments in certain circumstances. 52
2. Expenditures:
This bill may impact local governments because they may have to hire more employees to meet the
prescribed timeframes.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
For a similar bill in 2023, DBPR stated 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.53 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:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
51 Department of Business & Professional Regulation, Agency Analysis of 2023 Senate Bill 682, p. 4 (February 14, 2023).
52 Id., at 5.
53 Id.
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B. RULE-MAKING AUTHORITY:
The bill would require the Florida Building Commission to amend the Building Code to reflect some of
the bill’s changes to building permit application processing requirements.54
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
54 See rule impacted, r. 61G20-1.001, F.A.C.
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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
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1 A bill to be entitled
2 An act relating to building regulations; creating s.
3 177.073, F.S.; providing definitions; requiring
4 certain governing bodies, by a date certain, to create
5 a program to expedite the process for issuing
6 residential building permits before a final plat is
7 recorded; providing an exception; requiring a
8 governing body to create certain processes for
9 purposes of the program; authorizing applicants to use
10 a private provider for certain reviews; authorizing a
11 governing body to issue addresses and temporary parcel
12 identification numbers for specified purposes;
13 requiring a governing body to issue a specified number
14 or percentage of building permits requested in an
15 application when certain conditions are met; setting
16 forth certain conditions for applicants who apply to
17 the program; amending s. 553.79, F.S.; removing
18 provisions relating to acquiring building permits for
19 certain residential dwellings; amending s. 553.792,
20 F.S.; revising the timeframes for approving or denying
21 certain building permits; requiring a local government
22 to provide written notice to an applicant under
23 certain circumstances; revising how many times a local
24 government may request additional information from an
25 applicant; specifying when a permit application is
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26 deemed complete and sufficient; requiring the
27 opportunity for an in-person or virtual meeting before
28 a second request for additional information may be
29 made; reducing permit fees by a certain percentage if
30 certain timeframes are not met; authorizing both
31 parties to extend certain timeframes under certain
32 circumstances; requiring that local governments follow
33 the prescribed timeframes unless a local ordinance is
34 more stringent; conforming provisions to changes made
35 by the act; amending s. 440.103, F.S.; conforming a
36 cross-reference; amending s. 553.80, F.S.; allowing
37 local governments to use certain fees for certain
38 technology upgrades; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 177.073, Florida Statutes, is created
43 to read:
44 177.073 Expedited approval of residential building permits
45 before a final plat is recorded.—
46 (1) As used in this section, the term:
47 (a) "Applicant" means a homebuilder or developer that
48 files an application with the local governing body to identify
49 the percentage of planned homes, or the number of building
50 permits, that the local governing body must issue for the
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51 residential subdivision or planned community.
52 (b) "Final plat" means the final tracing, map, or site
53 plan presented by the subdivider to a governing body for final
54 approval, and, upon approval by the appropriate governing body,
55 is submitted to the clerk of the circuit court for recording.
56 (c) "Local building official" has the same meaning as in
57 s. 553.791(1).
58 (d) "Plans" means any building plans, construction plans,
59 engineering plans, or site plans, or their functional
60 equivalent, submitted by an applicant for a building permit.
61 (e) "Preliminary plat" means a map or delineated
62 representation of the subdivision of lands that is a complete
63 and exact representation of the residential subdivision or
64 planned community and contains any additional information needed
65 to be in compliance with the requirements of this chapter.
66 (2)(a) By August 15, 2024, the governing body of a county
67 that has 75,000 residents or more and the governing body of a
68 municipality that has 30,000 residents or more shall create a
69 program to expedite the process for issuing building permits for
70 residential subdivisions or planned communities in accordance
71 with the Florida Building Code and this section before a final
72 plat is recorded with the clerk of the circuit court. The
73 expedited process must include an application for an applicant
74 to identify the percentage of planned homes, or the number of
75 building permits, that the governing body must issue for the
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76 residential subdivision or planned community, not to exceed 50
77 percent of the residential subdivision or planned community.
78 This subsection does not restrict a local government from
79 issuing building permits that exceed 50 percent of the
80 residential subdivision or planned community.
81 (b) A governing body that had a program in place before
82 July 1, 2023, to expedite the building permit process, need only
83 update their program to approve an applicant's written
84 application to issue up to 50 percent of the building p ermits
85 for the residential subdivision or planned community in order to
86 comply with this section. This subsection does not restrict a
87 local government from issuing building permits that exceed 50
88 percent of the residential subdivision or planned community.
89 (c) By December 31, 2027, the governing body of a county
90 that has 75,000 residents or more and the governing body of a
91 municipality that has 30,000 residents or more shall update its
92 program to expedite the process for issuing building permits for
93 residential subdivisions or planned communities in accordance
94 with the Florida Building Code and this section before a final
95 plat is recorded with the clerk of the circuit court. The
96 expedited process must contain an application for an applicant
97 to identify the percentage, up to 75 percent, of planned homes
98 that the local governing body must issue for the residential
99 subdivision or planned community. This subsection does not
100 restrict a local government from issuing building permits that
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101 exceed 75 percent of the residential subdivision or planned
102 community.
103 (3) A governing body shall create:
104 (a) A two-step application process for the adoption of a
105 preliminary plat and a for final plat in order to expedite the
106 issuance of building permits under this section. Th e application
107 must allow an applicant to identify the percentage of planned
108 homes, or the number of building permits, that the governing
109 body must issue for the residential subdivision or planned
110 community.
111 (b) A master building permit process consistent with s.
112 553.794(3) for applicants seeking multiple building permits for
113 residential subdivisions or planned communities. For purposes of
114 this paragraph, a master building permit is valid for 3
115 consecutive years after its issuance or until the adoption of a
116 new Florida Building Code, whichever is earlier. After a new
117 Florida Building Code is adopted, the applicant may apply for a
118 new master building permit, which, upon approval, is valid for 3
119 consecutive years.
120 (4) An applicant may use a private provider consistent
121 with s. 553.791 to review a preliminary plat and to obtain a
122 building permit for each residential building or structure.
123 (5) A governing body may work with appropriate local
124 government agencies to issue an address and a temporary pa rcel
125 identification number for lot lines and lot sizes based on the
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126 metes and bounds of the plat contained in the application.
127 (6) The governing body must issue the number or percentage
128 of building permits requested by an applicant in accordance with
129 the Florida Building Code and this section, provided the
130 residential buildings or structures are unoccupied and all of
131 the following conditions are met:
132 (a) The governing body has approved a preliminary plat for
133 each residential building or structure.
134 (b) The applicant provides proof to the governing body
135 that the applicant has provided a copy of the approved
136 preliminary plat, along with the approved plans, to the relevant
137 electric, water, and wastewater utilities.
138 (c) The applicant holds a valid performance bond for up to
139 130 percent of the necessary utilities, roads, and stormwater
140 improvements that have not been completed upon submission of the
141 application under this section. For purposes of master planned
142 communities, as defined in s. 163.3202(5)(b), a valid
143 performance bond is required on a phase-by-phase basis.
144 (7)(a) An applicant may contract to sell, but may not
145 transfer ownership of, a residential structure or building
146 located in the residential subdivision or planned community
147 until the final plat is approved by the governing body and
148 recorded in the public records by the clerk of the circuit
149 court.
150 (b) An applicant may not obtain a final certificate of
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151 occupancy for each residential structure or building for which a
152 building permit is issued until the final plat is approved by
153 the governing body and recorded in the public records by the
154 clerk of the circuit court.
155 (c) An applicant must indemnify and hold harmless the
156 governing body and its agents and employees from damages
157 accruing and directly related to the issuance of a building
158 permit for a residential building or structure located in the
159 residential subdivision or planned community before the approval
160 and recording of the final plat by the governing body. This
161 includes damage resulting from fire, flood, construction
162 defects, and bodily injury.
163 Section 2. Subsection (16) of section 553.79, Florida
164 Statutes, is amended to read:
165 553.79 Permits; applications; issuance; inspections. —
166 (16) Except as provided in paragraph (e), a building
167 permit for a single-family residential dwelling must be issued
168 within 30 business days after receiving the permit application
169 unless the permit application fails to satisfy the Florida
170 Building Code or the enforcing agency's laws or ordinances.
171 (a) If a local enforcement agency fails to issue a
172 building permit for a single-family residential dwelling within
173 30 business days after receiving the permit application, it must
174 reduce the building permit fee by 10 percent for each business
175 day that it fails to meet the deadline. Each 10-percent
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176 reduction shall be based on the original amount of the building
177 permit fee.
178 (b) A local enforcement agency does not have to reduce the
179 building permit fee if it provides written notice to the
180 applicant, by e-mail or United States Postal Service, within 30
181 business days after receiving the permit application, that
182 specifically states the reasons the permit application fails to
183 satisfy the Florida Building Code or the enforcing agency's laws
184 or ordinances. The written notice must also state that the
185 applicant has 10 business days after receiving the written
186 notice to submit revisions to correct the permit application and
187 that failure to correct the application within 10 business days
188 will result in a denial of the application.
189 (c) The applicant has 10 business days after receiving the
190 written notice to address the reasons specified by the local
191 enforcement agency and submit revisions to correct the permit
192 application. If the applicant submits revisions within 10
193 business days after receiving the written notice, the local
194 enforcement agency has 10 business days after receiving such
195 revisions to approve or deny the building permit unless the
196 applicant agrees to a longer period in writing. If the local
197 enforcement agency fails to issue or deny the building permit
198 within 10 business days after receiving the revisions, it must
199 reduce the building permit fee by 20 percent for the first
200 business day that it fails to meet the deadline unless the
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201 applicant agrees to a longer period in writing. For each
202 additional business day, but not to exceed 5 business days, that
203 the local enforcement agency fails to meet the deadline, the
204 building permit fee must be reduced by an additional 10 percent.
205 Each reduction shall be based on the original amount of the
206 building permit fee.
207 (d) If any building permit fees are refunded under this
208 subsection, the surcharges provided in s. 468.631 or s. 553.721
209 must be recalculated based on the amount of the building permit
210 fees after the refund.
211 (e) A building permit for a single-family residential
212 dwelling applied for by a contractor licensed in this state on
213 behalf of a property owner who participates in a Community
214 Development Block Grant–Disaster Recovery program administered
215 by the Department of Economic Opportunity must be issued within
216 15 working days after receipt of the application unless the
217 permit application fails to satisfy the Florida Building Code or
218 the enforcing agency's laws or ordinances.
219 Section 3. Subsections (1) and (2) of section 553.792,
220 Florida Statutes, are amended and subsection (4) is added to
221 that section, to read:
222 553.792 Building permit application to local government.—
223 (1)(a) The local government must approve, approve with
224 conditions, or deny a building permit application following
225 receipt of a completed and sufficient application within the
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226 following timelines, unless the applicant waives such limitation
227 in writing:
228 1. For an applicant using local government plans review to
229 obtain a building permit, within 30 days after receiving a
230 complete and sufficient application.
231 2. For an applicant using a private provider consistent
232 with s. 553.791 to obtain a building permit, within 15 days
233 after receiving a complete and sufficient application.
234 3. For an applicant for a master plan permit pursuant to
235 paragraph (e), within 10 days after receiving a complete and
236 sufficient application.
237 4. For an applicant for a single-family residential
238 dwelling applied for by a contractor licensed in this state on
239 behalf of a property owner who participates in a Community
240 Development Block Grant–Disaster Recovery program administered
241 by the Department of Economic Opportunity, within 10 days after
242 receipt of the application unless the permit application fails
243 to satisfy the Florida Building Code or the enforcing agency's
244 laws or ordinances.
245
246 If the local government does not approve, approve with
247 conditions, or deny the completed and sufficient application
248 within the required timeframes, the application is deemed
249 approved. A local government must meet the timeframes set forth
250 in this section for reviewing building permit applications,
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251 unless the timeframes set by local ordinance are more stringent
252 than those prescribed in this section.
253 (b) After Within 10 days of an applicant submits
254 submitting an application to the local government, the local
255 government must provide written notice to the applicant within 5
256 days after receipt of the application advising shall advise the
257 applicant what information, if any, is needed to deem the
258 application properly completed in compliance with the filing
259 requirements published by the local government. If the local
260 government does not provide written notice that the applicant
261 has not submitted the properly completed application, the
262 application shall be automatically deemed properly completed and
263 accepted.
264 (c)1. Within 10 45 days after receiving a completed
265 application, a local government must provide written notice to
266 notify an applicant if additional information is required for
267 the local government to determine the sufficiency of the
268 application, and the notice must shall specify the additional
269 information that is required. The applicant may must submit the
270 additional information to the local government or request that
271 the local government act without the additional information.
272 While the applicant responds to the request for additional
273 information, the 120-day period described in this subsection is
274 tolled. Both parties may agree to a reasonable request for an
275 extension of time, particularly in the event of a force majeure
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276 or other extraordinary circumstance. When reviewing an
277 application for a building permit, a local government may not
278 request additional information from the applicant more than two
279 times, unless the applicant waives such limitation in writing.
280 If the local government requests additional information for a
281 second time, such request must be within 10 days of receiving
282 requested additional information from the first request, and the
283 local government must determine the sufficiency of the
284 application within 10 days of receiving the requested additional
285 information. The local government must approve, approve with
286 conditions, or deny the application within 120 days following
287 receipt of a completed application.
288 2. Before a second request for additional information may
289 be made, the local government must offer the applicant an
290 opportunity to meet in person or virtually with the local
291 government to attempt to resolve outstanding issues.
292 3. If the applicant believes the request for additional
293 information is not authorized by ordinance, rule, statute, or
294 other legal authority, the local government, at the applicant's
295 written request, must process the application within 10 days
296 after receipt of the request and either approve the application,
297 approve the application with conditions, or deny the application
298 and provide the applicant with sufficient reason for such
299 denial.
300 (d) A local government shall maintain on its website a
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301 policy containing procedures and expectations for expedited
302 processing of those building permits and development orders
303 required by law to be expedited.
304 (b)1. When reviewing an application for a building permit,
305 a local government may not request additional information from
306 the applicant more than three times, unless the applicant waives
307 such limitation in writing.
308 2. If a local government requests additional information
309 from an applicant and the applicant submits the requested
310 additional information to the local government within 30 days
311 after receiving the request, the local government must, within
312 15 days after receiving such information:
313 a. Determine if the application is properly completed;
314 b. Approve the application;
315 c. Approve the application with conditions;
316 d. Deny the application; or
317 e. Advise the applicant of information, if any, that is
318 needed to deem the application properly completed or to
319 determine the sufficiency of the application.
320 3. If a local government makes a second request for
321 additional information from the applicant and the applicant
322 submits the requested additional information to the local
323 government within 30 days after receiving the request, the local
324 government must, within 10 days after receiving such
325 information:
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326 a. Determine if the application is properly completed;
327 b. Approve the application;
328 c. Approve the application with conditions;
329 d. Deny the application; or
330 e. Advise the applicant of information, if any, that is
331 needed to deem the application properly completed or to
332 determine the sufficiency of the application.
333 4. Before a third request for additional information may
334 be made, the applicant must be offered an opportunity to meet
335 with the local government to attempt to resolve outstanding
336 issues. If a local government makes a second third request for
337 additional information from the applicant and the applicant
338 submits the requested additional information to the local
339 government within 30 days after receiving the request, the local
340 government must, within 10 days after receiving such information
341 unless the applicant waived the local government's limitation in
342 writing, determine that the application is complete and:
343 a. Approve the application;
344 b. Approve the application with conditions; or
345 c. Deny the application.
346 5. If the applicant believes the request for additional
347 information is not authorized by ordinance, rule, statute, or
348 other legal authority, the local government, at the applicant's
349 request, must process the application and either approve the
350 application, approve the application with conditions, or deny
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351 the application.
352 (e)(c) If a local government fails to meet a deadline
353 under this subsection provided in paragraphs (a) and (b), it
354 must reduce the building permit fee by 10 percent for each
355 business day that it fails to meet the deadline, unless the
356 parties agree in writing to a reasonable extension of time . Each
357 10-percent reduction shall be based on the original amount of
358 the building permit fee, unless the parties agree to an
359 extension of time.
360 (2)(a) The procedures set forth in subsection (1) apply to
361 the following building permit applications: accessory structure;
362 alarm permit; nonresidential buildings less than 25,000 square
363 feet; electric; irrigation permit; landscaping; mechanical;
364 plumbing; residential units including a single-family
365 residential other than a single family unit or a single-family
366 residential dwelling; multifamily residential not exceeding 50
367 units; roofing; signs; site-plan approvals and subdivision plats
368 not requiring public hearings or public notice; and lot grading
369 and site alteration associated with the permit application set
370 forth in this subsection. The procedures set forth in subsection
371 (1) do not apply to permits for any wireless communications
372 facilities or when a law, agency rule, or local ordinance
373 specify different timeframes for review of local building permit
374 applications.
375 (b) If a local government has different timeframes than
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376 the timeframes set forth in subsection (1) for reviewing
377 building permit applications described in paragraph (a), the
378 local government must meet the deadlines established by local
379 ordinance. If a local government does not meet an established
380 deadline to approve, approve with conditions, or deny an
381 application, it must reduce the building permit fee by 10
382 percent for each business day that it fails to meet the
383 deadline. Each 10-percent reduction shall be based on the
384 original amount of the building permit fee, unless the parties
385 agree to an extension of time. This paragraph does not apply to
386 permits for any wireless communications facilities.
387 Section 4. Section 440.103, Florida Statutes, is amended
388 to read:
389 440.103 Building permits; identification of minimum
390 premium policy.—Every employer shall, as a condition to applying
391 for and receiving a building permit, show proof and certify to
392 the permit issuer that it has secured compensation for its
393 employees under this chapter as provided in ss. 440.10 and
394 440.38. Such proof of compensation must be evidenced by a
395 certificate of coverage issued by the carrier, a valid exemption
396 certificate approved by the department, or a copy of the
397 employer's authority to self-insure and shall be presented,
398 electronically or physically, each time the employer applies for
399 a building permit. As provided in s. 553.79(23) s. 553.79(24),
400 for the purpose of inspection and record retention, site plans
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401 or building permits may be maintained at the worksite in the
402 original form or in the form of an electronic copy. These plans
403 and permits must be open to inspection by the building official
404 or a duly authorized representative, as required by the Florida
405 Building Code. As provided in s. 627.413(5), each certificate of
406 coverage must show, on its face, whether or not coverage is
407 secured under the minimum premium provisions of rules adopted by
408 rating organizations licensed pursuant to s. 627.221. The words
409 "minimum premium policy" or equivalent language shall be typed,
410 printed, stamped, or legibly handwritten.
411 Section 5. Paragraph (a) of subsection (7) of section
412 553.80, Florida Statutes, is amended to read:
413 553.80 Enforcement.—
414 (7)(a) The governing bodies of local governments may
415 provide a schedule of reasonable fees, as authorized by s.
416 125.56(2) or s. 166.222 and this section, for enforcing this
417 part. These fees, and any fines or investment earnings related
418 to the fees, shall be used solely for carrying out the local
419 government's responsibilities in enforcing the Florida Building
420 Code, including for upgrading technology hardware and software
421 systems used in enforcement. When providing a schedule of
422 reasonable fees, the total estimated annual revenue derived from
423 fees, and the fines and investment earnings related to the fees,
424 may not exceed the total estimated annual costs of allowable
425 activities. Any unexpended balances must be carried forward to
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426 future years for allowable activities or must be refunded at the
427 discretion of the local government. A local government may not
428 carry forward an amount exceeding the average of its operating
429 budget for enforcing the Florida Building Code for the previous
430 4 fiscal years. For purposes of this subsection, the term
431 "operating budget" does not include reserve amounts. Any amount
432 exceeding this limit must be used as authorized in subparagraph
433 2. However, a local government that established, as of January
434 1, 2019, a Building Inspections Fund Advisory Board consisting
435 of five members from the construction stakeholder community and
436 carries an unexpended balance in excess of the average of its
437 operating budget for the previous 4 fiscal years may continue to
438 carry such excess funds forward upon the recommendation of the
439 advisory board. The basis for a fee structure for allowable
440 activities must relate to the level of service provided by the
441 local government and must include consideration for refunding
442 fees due to reduced services based on services provided as
443 prescribed by s. 553.791, but not provided by the local
444 government. Fees charged must be consistently applied.
445 1. As used in this subsection, the phrase "enforcing the
446 Florida Building Code" includes the direct costs and reasonable
447 indirect costs associated with review of building plans,
448 building inspections, reinspections, and building permit
449 processing; building code enforcement; and fire inspections
450 associated with new construction. The phrase may also include
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451 training costs associated with the enforcement of the Florida
452 Building Code and enforcement action pertaining to unlicensed
453 contractor activity to the extent not funded by other user fees.
454 2. A local government must use any excess funds that it is
455 prohibited from carrying forward to rebate and reduce fees, or
456 to pay for the construction of a building or structure that
457 houses a local government's building code enforcement agency or
458 the training programs for building officials, inspectors, or
459 plans examiners associated with the enforcement of the Florida
460 Building Code. Excess funds used to construct such a building or
461 structure must be designated for such purpose by the local
462 government and may not be carried forward for more than 4
463 consecutive years. An owner or builder who has a valid building
464 permit issued by a local government for a fee, or an association
465 of owners or builders located in the state that has members with
466 valid building permits issued by a local government for a fee,
467 may bring a civil action against the local government that
468 issued the permit for a fee to enforce this subparagraph.
469 3. The following activities may not be funded with fees
470 adopted for enforcing the Florida Building Code:
471 a. Planning and zoning or other general government
472 activities.
473 b. Inspections of public buildings for a reduced fee or no
474 fee.
475 c. Public information requests, community functions,
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476 boards, and any program not directly related to enforcement of
477 the Florida Building Code.
478 d. Enforcement and implementation of any other local
479 ordinance, excluding validly adopted local amendments to the
480 Florida Building Code and excluding any local ordinance directly
481 related to enforcing the Florida Building Code as defined in
482 subparagraph 1.
483 4. A local government must use recognized management,
484 accounting, and oversight practices to ensure that fees, fines,
485 and investment earnings generated under this subsection are
486 maintained and allocated or used solely for the purposes
487 described in subparagraph 1.
488 5. The local enforcement agency, independent district, or
489 special district may not require at any time, including at the
490 time of application for a permit, the payment of any additional
491 fees, charges, or expenses associated with:
492 a. Providing proof of licensure under chapter 489;
493 b. Recording or filing a license issued under this
494 chapter;
495 c. Providing, recording, or filing evidence of workers'
496 compensation insurance coverage as required by chapter 440; or
497 d. Charging surcharges or other similar fees not directly
498 related to enforcing the Florida Building Code.
499 Section 6. This act shall take effect July 1, 2024.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 267 (2024)
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 (with title amendment)
6 Remove lines 133-295 and insert:
7 each residential subdivision or planned community.
8 (b) The applicant provides proof to the governing body
9 that the applicant has provided a copy of the approved
10 preliminary plat, along with the approved plans, to the relevant
11 electric, water, and wastewater utilities.
12 (c) The applicant holds a valid performance bond for up to
13 130 percent of the necessary utilities, roads, and stormwater
14 improvements that have not been completed upon submission of the
15 application under this section. For purposes of master planned
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Amendment No. 1
16 communities, as defined in s. 163.3202(5)(b), a valid
17 performance bond is required on a phase-by-phase basis.
18 (7)(a) An applicant may contract to sell, but may not
19 transfer ownership of, a residential structure or building
20 located in the residential subdivision or planned community
21 until the final plat is approved by the governing body and
22 recorded in the public records by the clerk of the circuit
23 court.
24 (b) An applicant may not obtain a final certificate of
25 occupancy for each residential structure or building for which a
26 building permit is issued until the final plat is approved by
27 the governing body and recorded in the public records by the
28 clerk of the circuit court.
29 (8) For purposes of this section, an applicant has a
30 vested right in a preliminary plat that has been approved with
31 conditions by a governing entity, if all of the following
32 conditions are met:
33 (a) The applicant relies in good faith on the approved
34 preliminary plat or any amendments thereto; and
35 (b) The applicant commences and is continuing in good
36 faith with the development of the property.
37 (9) Upon the establishment of vested rights by applicant
38 in subsection (8), a government entity may not make substantive
39 changes to the preliminary plat without the applicant’s written
40 consent.
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Amendment No. 1
41 (10) An applicant must indemnify and hold harmless the
42 governing body and its agents and employees from damages
43 accruing and directly related to the issuance of a building
44 permit for a residential building or structure located in the
45 residential subdivision or planned community before the approval
46 and recording of the final plat by the governing body. This
47 includes damage resulting from fire, flood, construction
48 defects, and bodily injury, but excludes infringement of vested
49 rights.
50 Section 2. Subsection (16) of section 553.79, Florida
51 Statutes, is amended to read:
52 553.79 Permits; applications; issuance; inspections.—
53 (16) Except as provided in paragraph (e), a building
54 permit for a single-family residential dwelling must be issued
55 within 30 business days after receiving the permit application
56 unless the permit application fails to satisfy the Florida
57 Building Code or the enforcing agency's laws or ordinances.
58 (a) If a local enforcement agency fails to issue a
59 building permit for a single-family residential dwelling within
60 30 business days after receiving the permit application, it must
61 reduce the building permit fee by 10 percent for each business
62 day that it fails to meet the deadline. Each 10-percent
63 reduction shall be based on the original amount of the building
64 permit fee.
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Amendment No. 1
65 (b) A local enforcement agency does not have to reduce the
66 building permit fee if it provides written notice to the
67 applicant, by e-mail or United States Postal Service, within 30
68 business days after receiving the permit application, that
69 specifically states the reasons the permit application fails to
70 satisfy the Florida Building Code or the enforcing agency's laws
71 or ordinances. The written notice must also state that the
72 applicant has 10 business days after receiving the written
73 notice to submit revisions to correct the permit application and
74 that failure to correct the application within 10 business days
75 will result in a denial of the application.
76 (c) The applicant has 10 business days after receiving the
77 written notice to address the reasons specified by the local
78 enforcement agency and submit revisions to correct the permit
79 application. If the applicant submits revisions within 10
80 business days after receiving the written notice, the local
81 enforcement agency has 10 business days after receiving such
82 revisions to approve or deny the building permit unless the
83 applicant agrees to a longer period in writing. If the local
84 enforcement agency fails to issue or deny the building permit
85 within 10 business days after receiving the revisions, it must
86 reduce the building permit fee by 20 percent for the first
87 business day that it fails to meet the deadline unless the
88 applicant agrees to a longer period in writing. For each
89 additional business day, but not to exceed 5 business days, that
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Amendment No. 1
90 the local enforcement agency fails to meet the deadline, the
91 building permit fee must be reduced by an additional 10 percent.
92 Each reduction shall be based on the original amount of the
93 building permit fee.
94 (d) If any building permit fees are refunded under this
95 subsection, the surcharges provided in s. 468.631 or s. 553.721
96 must be recalculated based on the amount of the building permit
97 fees after the refund.
98 (e) A building permit for a single-family residential
99 dwelling applied for by a contractor licensed in this state on
100 behalf of a property owner who participates in a Community
101 Development Block Grant–Disaster Recovery program administered
102 by the Department of Economic Opportunity must be issued within
103 15 working days after receipt of the application unless the
104 permit application fails to satisfy the Florida Building Code or
105 the enforcing agency's laws or ordinances.
106 Section 3. Subsections (1) and (2) of section 553.792,
107 Florida Statutes, are amended and subsection (4) is added to
108 that section, to read:
109 553.792 Building permit application to local government.—
110 (1)(a) The local government must approve, approve with
111 conditions, or deny a building permit application following
112 receipt of a completed and sufficient application within the
113 following timelines, unless the applicant waives such limitation
114 in writing:
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Amendment No. 1
115 1. For an applicant using local government plans review to
116 obtain a building permit, within 30 business days after
117 receiving a complete and sufficient application.
118 2. For an applicant using a private provider consistent
119 with s. 553.791 to obtain a building permit, within 15 business
120 days after receiving a complete and sufficient application.
121 3. For an applicant for a master plan permit pursuant to
122 paragraph (e), within 10 business days after receiving a
123 complete and sufficient application.
124 4. For an applicant for a single-family residential
125 dwelling applied for by a contractor licensed in this state on
126 behalf of a property owner who participates in a Community
127 Development Block Grant–Disaster Recovery program administered
128 by the Department of Economic Opportunity, within 10 business
129 days after receipt of the application unless the permit
130 application fails to satisfy the Florida Building Code or the
131 enforcing agency's laws or ordinances.
132
133 If the local government does not approve, approve with
134 conditions, or deny the completed and sufficient application
135 within the required timeframes, the application is deemed or
136 determined to be approved. A local government must meet the
137 timeframes set forth in this section for reviewing building
138 permit applications, unless the timeframes set by local
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Amendment No. 1
139 ordinance are more stringent than those prescribed in this
140 section.
141 (b) After Within 10 days of an applicant submits
142 submitting an application to the local government, the local
143 government must provide written notice to the applicant within 5
144 business days after receipt of the application advising shall
145 advise the applicant what information, if any, is needed to deem
146 or determine that the application is properly completed in
147 compliance with the filing requirements published by the local
148 government. If the local government does not provide timely
149 written notice that the applicant has not submitted the properly
150 completed application, the application shall be automatically
151 deemed or determined to be properly completed and accepted.
152 (c)1. Within 10 business 45 days after receiving a
153 completed application, a local government must provide written
154 notice to notify an applicant if additional information is
155 required for the local government to determine the sufficiency
156 of the application, and the notice must shall specify the
157 additional information that is required. The applicant may must
158 submit the additional information to the local government or
159 request that the local government act without the additional
160 information. While the applicant responds to the request for
161 additional information, the 120-day period described in this
162 subsection is tolled. Both parties may agree to a reasonable
163 request for an extension of time, particularly in the event of a
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Amendment No. 1
164 force majeure or other extraordinary circumstance. When
165 reviewing an application for a building permit, a local
166 government may not request additional information from the
167 applicant more than two times, unless the applicant waives such
168 limitation in writing. If the local government requests
169 additional information for a second time, such request must be
170 within 10 business days of receiving the additional information
171 indicated in the first request, and the local government must
172 determine the sufficiency of the application within 10 business
173 days of receiving the requested additional information. If the
174 local government does not provide timely written notice that the
175 applicant must submit additional information to determine
176 whether the application is sufficient, the application shall be
177 automatically deemed or determined to be sufficient. The local
178 government must approve, approve with conditions, or deny the
179 application within 120 days following receipt of a completed
180 application.
181 2. Before a second request for additional information may
182 be made, the local government must offer the applicant an
183 opportunity to meet in person or virtually with the local
184 government to attempt to resolve outstanding issues.
185 3. If the applicant believes the request for additional
186 information is not authorized by ordinance, rule, statute, or
187 other legal authority, the local government, at the applicant's
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Amendment No. 1
188 written request, must process the application within 10 business
189 days
190
191 -----------------------------------------------------
192 T I T L E A M E N D M E N T
193 Remove line 17 and insert:
194 the program; providing that an applicant has a vested right in
195 an approved preliminary plat when certain conditions are met;
196 amending s. 553.79, F.S.; removing
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
PCS for HB 267 by Rep. Esposito
Building Regulations
AMENDMENT SUMMARY
December 13, 2024
Amendment 1 by Rep. Esposito (lines 133-295):
• Provides that vested rights in a preliminary plat are formed if an applicant commences
developing the property based on an approval of such preliminary plat by a local
government.
• Requires an applicant for a residential building permit pursuant to a preliminary plat to
indemnify and hold harmless the local government from damages directly related to the
issuance of such building permit before the approval of the final plat.
• Clarifies that timeframes in the updated permitting procedures are calculated using
business days.
• Clarifies that if a local government fails to timely notify an applicant of what is needed to
determine a sufficient application, such application will be automatically determined to be
sufficient.
• Corrects a scrivener’s error.
PCS for HB 433
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 433 Employment Regulations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform & Economic Thompson Anstead
Development Subcommittee
SUMMARY ANALYSIS
The federal Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, record
keeping, and child labor protections for full and part-time workers in both the private sector and federal, state
and local employment. The FLSA allows states to expand the rights of employers and employees. In some
instances, Florida law provides stronger protections for employees than federal law, including protections
regarding discrimination based on marital status, minimum wage, and health coverage obligations for small
employers. Florida generally follows federal law on overtime pay and occupational health and safety.
The Florida Minimum Wage Act (Act), enacted in 2005, implements the minimum wage provisions in the State
Constitution.
Florida’s wage and employment benefits law preempts the establishment of a minimum wage to the state.
Thus, local governments cannot establish a minimum wage for private employers in their jurisdiction. Local
governments are also prohibited from requiring private employers to provide employment benefits not required
by state or federal law. However, local governments have limited authority to establish a minimum wage and to
require specific employment benefits for their own employees and those of their vendors or contrac tors.
The Occupational Safety and Health Act of 1970 (Act) is the federal labor law governing occupational health
and safety in the private sector and federal government. Currently, there are no specific federal or state laws
that provide heat exposure protections for outdoor workers.
The bill:
Prohibits local governments from preferring one contractor over another based on the wages or
employment benefits provided by the contractor.
Removes the ability of local governments to require a minimum wage for certain contracted employees
under the terms of a contract.
Expressly preempts the regulation of the terms and conditions of employment to the state.
Preempts the regulation of workplace heat exposure requirements to the state.
Clarifies that the preemption of workplace heat requirements does not limit the authority of a local
government to provide workplace heat exposure requirements for the employees of the local
government, and does not apply if compliance will prevent the local government from receiving federal
funds.
The bill does not appear to have a fiscal impact on state or local government.
The effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections. 1 In 1938, the FLSA established a minimum
wage of $.25 an hour. The current federal minimum wage rate is $7.25 an hour, which went into effect
July 24, 2009. The FLSA applies to employment within any state in the U.S., the District of Columbia or
any territory or possession of the U.S.2
The FLSA covers most private and public sector employees. However, certain employers and
employees are exempt from coverage, including: individuals with disabilities, youth workers, tipped
workers and executive, administrative and professional workers. The FLSA covers businesses if the
business has annual sales of at least $500,000. 3 It also covers certain individual employees if such
employee is engaged in interstate commerce.
Regardless of the dollar amount of revenues of a business, the FLSA applies to:4
Governments: Federal, state, or local government agencies.
Hospitals: Hospitals, or institutions primarily engaged in the care of the sick, the aged, or the
mentally ill or disabled who live on the premises. (It does not matter if the hospital or institution
is public or private or is operated for profit or not-for-profit.)
Schools: Pre-schools, elementary or secondary schools or institutions of higher learning (e.g.,
college), or a school for mentally or physically handicapped or gifted children. (It does not
matter if the school or institution is public or private or operated for profit or not-for-profit.)
The FLSA includes several exemptions from the federal minimum wage provisions, including: 5
Executive, administrative and professional employees;
Employees in certain seasonal amusement or recreational establishments, employees in certain
small newspapers, seamen employed on foreign vessels, employees engaged in fishing
operations, and employees engaged in newspaper delivery;
Farm workers employed by certain employers;
Casual babysitters and persons employed as companions for the elderly or infirm;
Border patrol agents 6; and
Baseball players who are compensated pursuant to a contract that provides for a weekly salary
for services performed during the league’s championship season at a rate that is not less than a
weekly salary equal to the minimum wage.
The FLSA was amended in 2014, related to border patrol agents, and again in 2018, to exempt minor
league baseball players who are paid at least $290 per week during the 2018 championship season
1 29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Dec. 5, 2023). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
3 The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
4 U.S. Department of Labor, Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/screen10.asp, (last
visited Dec. 5, 2023).
5 29 U.S.C. § 213. (It also includes separate exemptions from overtime pay.)
6 See Border Patrol Agent Pay Reform Act of 2014, S.1691, 113th Cong, (2014).
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from the federal minimum wage rate and overtime pay.7 These two amendments were the only
amendments made to the minimum wage exemptions provisions of the FLSA since Florida passed its
minimum wage law in 2005.8
The FLSA provides that if states enact worker protections, including minimum wage rates, that are
more protective of employees than what is provided by the FLSA, the state law applies. 9 Consequently,
no state law may weaken the worker protections in the FLSA. However, state laws that impose greater
worker protections will supersede those in the FLSA.10
Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage
greater than the federal minimum wage. Thirteen states provide a minimum wage that is equal to the
federal minimum wage. Five states have not adopted a minimum wage and two states have a minimum
wage that is below the federal minimum wage.11 For those seven states, the federal minimum wage
applies, but only to those workers covered by the FLSA.
Article X, Section 24 of the Florida Constitution
On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum wage
provision (Section 24) that established the state minimum wage.12 Prior to this date Florida did not have
a law on minimum wage so the FLSA applied for covered workers. Section 24 provides the amount of
the minimum wage and the procedure for calculating increases in the minimum wage. 13
Florida voters again on November 3, 2020, voted to approve a constitutional amendment related to the
state’s minimum wage, Amendment 2, to gradually increase the state’s minimum wage to $15 an hour
by the year 2026.14 Pursuant to the passage of Amendment 2, on September 30, 2021, Florida’s
minimum wage increased to $10 per hour. Each year, thereafter, Florida’s minimum wage will increase
by $1 until the minimum wage reaches $15 per hour on September 30, 2026. 15 Beginning in 2027, the
minimum wage will be adjusted annually for inflation, as it had been done from 2004 - 2021.
Related to minimum wage, the Florida Constitution states, “All working Floridians are entitled to be paid
a minimum wage sufficient to provide a decent and healthy life, that protects their employers from
unfair low wage competition, and that does not force them to rely on taxpayer-funded public services.”16
7 See Levi Weaver, On Minor-League Pay, MLB’s Stance Doesn’t Line Up with the Facts, ATHLETIC (Apr. 4, 2018),
https://www.theathletic.com/293189/%202018/04/04/on-minor-league-pay-mlbs-stance-doesnt-line-up-with-the-facts// (last visited
Dec. 5, 2023). (When recounting salary scale per level of minor league baseball, the article notes “federally -recognized poverty line is
$12,140 per year for single-individual households.” According to the article, a not-insignificant percentage of minor league players are
able to subsidize their relatively meager monthly salaries by drawing upon the signing bonuses they received from their MLB c lubs
when first entering the professional ranks. These bonuses can range anywhere from $10,000 to several million dollars. “The top 64
picks [in the MLB draft] last year all received a bonus of over $1,000,000 before taxes, but roughly 40% of players signed for one-
time bonuses of $10,000 or less.”
8 S. 448.110, F.S., expressly references ss. 213 and 214 of the FLSA, which address minimum wage exemptions and employment
under special certificates, respectively. However, s. 214 has not been amended since 1989. (See Pub. L. 101–157, § 4(d), Nov. 17,
1989, 103 Stat. 941.)
9 29 U.S.C. §218.
10 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 2,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Dec. 5, 2023).
11 U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
Dec. 5, 2023).
12 Art. X, s. 24., Fla. Const.
13 Art. X, s. 24 (c), Fla. Const.
14 U.S. Department of State, Notice of Increase to State of Florida’s Minimum Wage, https://www.state.gov/wp-
content/uploads/2021/01/2021-01-29-Notice-FL-M inimu m-Wage-Increase.pdf (last visited Dec. 5, 2023).
15 Department of Economic Opportunity, Florida’s Minimum Wage, https://floridajobs.org/docs/default-source/business-growth-and-
partnerships/for-employers/posters-and-required-notices/2022-minimum-wage/2022-florida-minimu m-wage-
announcement.pdf?sfvrsn=961754b0_2 (last visited Dec. 5, 2023).
16 Art. X, s. 24 (a), Fla. Const.
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The Florida Constitution references the FLSA and specifically ties the meaning 17 of certain terms,
“Employer,” “Employee” and “Wage,” to have the meanings established under the FLSA and its
implementing regulations.18 It also indicates that that case law, administrative interpretations, and other
guiding standards developed under the federal FLSA must guide the construction of Florida’s
Constitution related to Section 24 and any implementing statutes or regulations. 19
Florida Minimum Wage Act
The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the minimum wage provisions
in the State Constitution.20 The Act designates the Department of Commerce (DC) as the state agency
that implements the minimum wage requirements, establishes procedures with respect to civil actions
alleging violations, and provides that it is the exclusive remedy under state law for violations of Section
24.21
The Act provides that effective May 2, 2005, employers are required to pay employees a minimum
wage at an hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive
the federal minimum wage under the FSLA and its implementing regulations are eligible to receive the
state minimum wage pursuant to the State Constitution and this statute. The provisions of ss. 213 and
214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and
implemented by the Secretary of Labor, are incorporated by reference. 22
As it relates to the federal minimum wage and the FLSA, the Act specifies that: 23
Only those individuals entitled to receive the federal minimum wage under the FSLA, as
amended, and its implementing regulations, are eligible to receive the state minimum wage; and
Provisions related to federal minimum wage exemptions in the FLSA are considered
incorporated in the Act.
Local Wage Ordinances
In Florida, the State Constitution authorizes counties to enact ordinances that are not inconsistent with
state law.24 The State Constitution also grants municipalities the power to enact ordinances on any
subject that state law may address, except:25
The subjects of annexation, merger, and exercise of extraterritorial power;
Any subject expressly prohibited by the State Constitution;
Any subject expressly preempted to state or county government by the State Constitution or by
law; or
Any subject preempted to a county under a county charter.
In 2003, the Legislature preempted the establishment of minimum wages to the state. 26 However, a
political subdivision (local government) 27 retains the authority to establish a minimum wage other than a
17 In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004). (“The proposed
amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is adopting the meaning
of the term “employee,” which is a much broader concept.”)
18 Art. X, s. 24(b), Fla. Const.
19 Art. X, s. 24(f), Fla. Const.
20 Ch. 2005-353, Laws of Fla., codified in s. 448.110, F.S.
21 S. 448.110(10), F.S. HB 5 (2023) renames the Department of Economic Opportunity as the Department of Co mmerce; SB 82
(2024), section 220, makes this conforming change in the Florida Minimum Wage Act.
22 S. 448.110(3), F.S.
23 S. 448.110(3), F.S.
24 S. 1(f) and (g), Art. VIII, Fla. Const.; see also s. 125.01, F.S.
25 S. 2(b), Art. VIII, Fla. Const.
26 S. 218.077(2), F.S. See s. 18(a) of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. s. 218:
No provision of [the Fair Labor Standards Act] or of any order thereunder shall excuse noncompliance with any Federal or Stat e law
or municipal ordinance establishing a minimum wage higher than the minimum wage established under [the federal act].
27 “Political subdivision” is defined to mean a county, municipality, department, commission, district, board, or other public b ody,
whether corporate or otherwise, created by or under state law. S. 218.077(1)(f), F.S.
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state or federal minimum wage or to provide employment benefits not otherwise required under state or
federal law for:28
Its employees;
The employees of an employer contracting to provide goods or services for the local
government, or for the employees of a subcontractor of such an employer, under the terms of a
contract with the local government; or
The employees of an employer receiving a direct tax abatement or subsidy from the local
governments, as a condition of the direct tax abatement or subsidy.
The preemption also does not apply to, “a domestic violence or sexual abuse ordinance, order, rule, or
policy adopted by a political subdivision.”29
The law contains an exception for situations where compliance would prevent a local government from
receiving federal funds. This allows compliance with the Davis-Bacon and related acts,30 which direct
the federal Department of Labor to determine fair wages for contractors and subcontractors working on
public buildings and public works. Florida law only allows non-compliance with regard to local minimum
wage alterations to the extent necessary to allow receipt of federal funds. 31
Additionally, local governments are prohibited from requiring an employer to provide employment
benefits 32 not required by state or federal law. “A political subdivision may not establish, mandate, or
otherwise require an employer to pay a minimum wage, other than a state or federal minimum wage, to
apply a state or federal minimum wage to wages exempt from a state or federal minimum wage, or to
provide employment benefits not otherwise required by state or federal law.”33
Despite these provisions, in 2016, the city of Miami Beach enacted a local ordinance establishing a
minimum hourly wage significantly exceeding the current Florida minimum wage. The ordinance
applied to all employers operating with the city. The ordinance, which was scheduled to take effect on
January 1, 2018, established both a local minimum wage of $10.31 an hour and annual increases to
$13.31 an hour effective January 2021. Subsequently, the ordinance was challenged on the grounds
that it was preempted by Florida’s wage and employment benefits law that preempts the establishment
of minimum wages to the state, and Florida’s Third District Court of Appeals struck down the ordinance.
The court held that the Florida Constitution authorizes the state legislature to preempt municipal
powers by statute. The court also rejected the city’s principal argument that Article X, Section 24 of the
Florida Constitution, raising the state minimum wage, made the statute unconstitutional. In 2018, the
Florida Supreme Court agreed to take up the case.34 However, in 2019, the Florida Supreme Court
issued an order that discharged jurisdiction over the case. As a result, the Third District’s decision
invalidating Miami Beach’s local wage ordinance appears to currently stand.35
Workplace Heat Exposure
28 S. 218.077(3)(a), F.S.
29 S. 218.077(3)(b), F.S.
30 See, e.g., 40 U.S.C. 3141 et seq. The Davis-Bacon Act is a federal law that regulates prevailing wage rates on public works projects.
The Act provides that all laborers and mechanics working on construction projects which are funded by the fe deral government shall
not be paid a wage less than prevailing wage, as specified by the U.S. Department of Labor, in the locality in which work is
performed.
31 S. 218.077(4), F.S.
32 “Employment benefits” is defined to mean anything of value that an employ ee may receive from an employer in addition to wages
and salary. The term includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and
dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and
profit-sharing benefits. S. 218.077(1)(d), F.S.
33 S. 218.077(2), F.S. Federally authorized and recognized tribal governments, however, are not prohibited from requiring employ ment
benefits for a person employed within a territory over which the tribe has jurisdiction. S. 218.077(5), F.S.
34 City of Miami Beach v. Florida Retail Federation, Inc., 233 So.3d 1236 at 1238 (Fla. 3d DCA 2017) (declined for review February
5, 2019).
35 JDSUPRA, Can Cities Set a Local Minimum Wage? Florida Supreme Court Says No (Feb. 14, 2019),
https://www.jdsupra.com/legalnews/can-cities-set-a-local-minimu m-wage-67192/ (last visited Dec. 5, 2023).
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The Occupational Safety and Health Act of 1970 (Act) is the federal labor law governing occupational
health and safety in the private sector and federal government. 36 Under the Act, two federal agencies
are responsible for promoting occupational safety and health in the United States. The National
Institute for Occupational Safety and Health (NIOSH) conducts research and recommends occupational
safety and health standards.37 The Occupational Safety and Health Administration (OSHA) 38 is
responsible for the promulgation and enforcement of standards. 39
Currently, there are no specific laws in Florida that provide heat exposure protections for outdoor
workers. NIOSH and OSHA provide certain recommendations that employers provide heat exposure
protections.
In 2013, NIOSH published “Preventing Heat-related Illness or Death of Outdoor Workers.” This
recommended standard recommends that employers have a plan in place to prevent heat-related
illness. The plan should include hydration (drinking plenty of water), acclimatization (getting used to
weather conditions), and schedules that alternate work with rest. It recommends that employers should
also train workers about the hazards of working in hot environments.40
OSHA does not currently have any specific heat exposure standards. In the absence of a specific
standard, OSHA is authorized to enforce the “general duty clause” of the Act, which requires each
employer to provide a workplace that is free of “recognized hazards” causing or likely to cause “death
or serious physical harm” to its employees.41
In 2011, OSHA launched a heat illness prevention campaign that includes guidance to employers and
employees, a smartphone app that provides location-specific information on heat conditions and heat
exposure prevention and first aid, and educational materials such as posters and pamphlets in English,
Spanish, and other languages.42
On October 27, 2021, OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) for a
potential standard on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. 43 OSHA
solicited public comments on the ANPRM through January 26, 2022, and received over 1,000
comments on the ANPRM.
In March 2021, OSHA cited Valley Produce Harvesting and Hauling Company for a willful violation of
the general duty clause by exposing sugar cane harvesting employees in Florida to “excessive heat,
elevated temperature working conditions, direct sun radiation and thermal stress” while working
outdoors in September 2020. OSHA assessed the maximum allowable civil monetary penalty of
$136,532 for this violation, which was later reduced through an informal settlement with the employer to
$81,919.20. The citation provides, “the employer did not furnish employment and a place of
employment which were free from recognized hazards that were causing or likely to cause death or
serious physical harm to employees in that employees were exposed to excessive heat, elevated
temperature working conditions, direct sun radiation and thermal stress.”44
In April 2022, OSHA began a National Emphasis Program (NEP) of enforcement of the general duty
clause and compliance assistance to focus on indoor and outdoor heat exposure. The NEP expands on
OSHA’s ongoing heat-related illness prevention initiative and campaign by creating a targeted
enforcement component and reiterating its compliance assistance and outreach efforts. This approach
is intended to encourage early interventions by employers to prevent illnesses and deaths among
36 Occupational Safety and Health Act of 1970, Pub. L. No. 91-596, 84 STAT. 1590, 91st Cong. (Jan. 1, 2004).
37 29 U.S.C. § 671.
38 See Occupational Safety and Health Administration, About Osha, https://www.osha.gov/aboutosha (last visited Dec. 5, 2023).
39 29 U.S.C. § 655.
40 NIOSH 1986, 2008, 2010; OSHA-NIOSH 2011.
41 29 U.S.C. § 654.
42 Occupational Safety and Health Administration, Heat Illness Prevent ion, https://www.osha.gov/heat/ (last visited Dec. 5, 2023).
43 86 FR 59309.
44 Occupational Safety and Health Administration, Violation Detail,
https://www.osha.gov/ords/imis/establishment.violation_detail?id=1495595.015&citation_id=02001 (last visited Dec. 5, 2023).
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workers during high heat conditions, such as working outdoors in a local area experiencing a heat
wave, as announced by the National Weather Service. Early interventions include, but are not limited
to, implementing water, rest, shade, training, and acclimatization procedures for new or returning
employees.45
Local Heat Regulation
On November 11, 2023, the Miami-Dade County Board of County Commissioners considered a
proposal that would require construction and agriculture companies with five or more employees to
guarantee workers access to water and give them 10-minute breaks in the shade every two hours on
days when the heat index equals or exceeds 95 degrees Fahrenheit. The proposal would also require
employers to train workers to recognize the signs of heat illness, administer first aid and call for help in
an emergency. Enforcement includes a warning, fines of up to $2,000 per day per violation, and
debarment of contractors from county work for certain repeated violations and unpaid penalties.46
According to reports: 47
The proposal was deferred until March.
Some South Florida employers have expressed that they already provide such protections.
Miami-Dade County would have been the only local government in the nation to adopt such
requirements.
Preemption
A local government enactment may be inconsistent with state law if the:
Local enactment conflicts with state statutes; or
The Legislature has preempted the particular area of law that is the subject of the enactment.
Such state preemption precludes a local government from exercising authority in the preempted area. 48
Florida law recognizes two types of state preemption: express and implied. Express preemption
requires an express legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.49 Implied preemption, on the other hand, exists where the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the legislature. 50 Courts determining the
validity of local government ordinances enacted in the face of state preemption, whether express or
implied, have found such ordinances to be null and void.51
Effect of Proposed Changes
Wage and Employment Benefits
The bill amends Florida’s wage and employment benefits law by providing that a political subdivision
may not:
“maintain a minimum wage, other than a state or federal minimum wage.”
“through its purchasing or contracting procedures seek to control or affect the wages or
employment benefits provided by its vendors, contractors, service providers, or other parties
doing business with the political subdivision.”
45 Occupational Safety and Health Administration, OSHA Instruction,
https://www.osha.gov/sites/default/files/enforcement/directives/CPL_03-00-024.pdf (last visited Dec. 5, 2023).
46 Miami-Dade Legislative Item, File Number: 231773.
47 Miami Herald, After industry pressure, Miami-Dade puts heat protections for outdoor workers on ice,
https://www.miamiherald.co m/news/local/environ ment/article281487003.ht ml (last visited Dec. 6, 2023).
48
Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009), https://www.floridabar.org/the-florida-
bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last visited M arch 20, 2023).
49
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011, 1018
(Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
50
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010).
51
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
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“through the use of evaluation factors, qualification of bidders, or otherwise, award preferences
on the basis of wages or employment benefits provided by its vendors, contractors, service
providers, or other parties doing business with the political subdivision.”
The bill removes the ability of local governments to require a minimum wage for certain contracted
employees under the terms of a contract.
The bill also removes the exception that allows political subdivisions to establish a minimum wage or
employment benefits not otherwise required under state or federal law for:
“the employees of an employer contracting to provide goods or services for the political
subdivision, or for the employees of a subcontractor of such an employer, under the terms of a
contract with the political subdivision.”
Regulation of Labor
The bill expressly preempts the regulation of the “terms and conditions” of employment to the state.
The bill provides that unless expressly authorized by special or general law, a county, municipality,
special district, or political subdivision of the state may not adopt or enforce an ordinance, order, rule,
or policy providing any “term or condition of employment” that exceeds or conflicts with the
requirements of federal or state law relating to any term or condition of employment. The bill provides
that an ordinance, order, rule, or policy that violates this provision is void and unenforceable.
This appears to limit local government from regulating employment in any way, including having certain
requirements for its own employees that are different from the state or federal law.
Workplace Heat Exposure Requirements
In addition to the blanket preemption in the bill for all conditions of employment, the bill preempts the
regulation of workplace heat exposure requirements to the state, and specifically indicates that the
provision applies retroactively. Specifically, the bill provides that any local law, ordinance, resolution,
regulation, rule, code, policy, or charter amendment adopted before, on, or after the effective date of
this act which conflicts with this provision is void and prohibited.
The bill requires the DC to adopt rules relating to workplace heat exposure requirements if OSHA has
not done so by July 1, 2028. The rules must be consistent with the standards of OSHA in effect at the
time the DC adopts its rules, and modified as necessary to reflect workplace heat exposure
considerations specific to this state. The Legislature must ratify such rules before they take effect.
The bill prohibits local governments from:
Mandating or otherwise imposing heat exposure requirements on an employer, an employee, a
contractor, or a subcontractor.
Considering or seeking information relating to a contractor's or subcontractor's heat exposure
requirements in any procurement for goods or services.
The bill provides that it does not:
Limit the authority of a local government to mandate or impose workplace heat exposure
requirements for the employees of the local government.
Apply if it is determined that compliance would prevent the distribution of federal funds to a local
government or would otherwise be inconsistent with federal requirements pertaining to receiving
federal funds, but only to the extent necessary to allow a local government to receive federal
funds or to eliminate the inconsistency with federal requirements.
The bill provides the following definitions:
“Contractor" means an employer contracting with, or seeking to contract with, a local
government to provide goods or services to, for the benefit of, or on behalf of the local
government.
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"Employee" means a natural person, including a self-employed person, who receives any type
of compensation or remuneration for providing services to an employer.
"Employer" means a person who hires or contracts for the services of employees.
"Heat exposure requirement" means a standard mandated or otherwise imposed on employers,
employees, contractors, or subcontractors to control an employee's exposure to heat or sun, or
to otherwise address or moderate the effects of such exposure. The term includes, but is not
limited to, standards relating to all of the following:
o Employee monitoring and protection.
o Water consumption.
o Cooling measures.
o Acclimatization and recovery periods or practices.
o Posting or distributing notices or materials relating to heat exposure which inform
employees how to protect themselves from such exposure.
o Implementation and maintenance of heat exposure programs or training.
o Appropriate first-aid measures or emergency responses related to heat exposure.
o Protections for employees who report that they have experienced excessive heat
exposure.
o Reporting and recordkeeping requirements.
"Local government" means a county, municipality, department, commission, district, board, or
other public body, whether corporate or otherwise, created by or under state law.
"Subcontractor" has the same meaning as in s. 448.095(1), F.S., which includes a person or an
entity that provides labor, supplies, or services to or for a contractor or another subcontractor in
exchange for salary, wages, or other remuneration.
B. SECTION DIRECTORY:
Section 1: Amends s. 218.077, F.S., relating to wage and employment benefits requirements by
political subdivisions; restrictions.
Section 2: Creates s. 448.077, F.S., relating to regulation of labor preempted to state.
Section 3: Amends s. 448.106, F.S., relating to workplace heat exposure requirements;
preemption; rulemaking.
Section 4: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
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DATE: 12/8/2023
The bill may have an indeterminate fiscal impact on the private sector to the extent that the
preemptions supersede local ordinances.
The bill may:
Prevent businesses from losing local government contracts based on wages or employment
benefits that they do not currently offer.
Allow businesses that contract with local governments to pay their employees as they see fit.
Prevent businesses from being required to provide costly terms and conditions of employment.
Prevent businesses from being required to provide costly workplace heat exposure protections.
Prevent workers from earning a wage that allows them to live in the area that they work.
Create a negative fiscal impact for employers who provide workers’ compensation insurance for
their employees.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires the DC to adopt rules relating to workplace heat exposure requirements if OSHA has
not done so by July 1, 2028.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs0433.RRS PAGE: 10
DATE: 12/8/2023
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
PCS for HB 433 2024
1 A bill to be entitled
2 An act relating to employment regulations; amending s.
3 218.077, F.S.; prohibiting political subdivisions from
4 maintaining a certain minimum wage; prohibiting
5 political subdivisions from controlling, affecting, or
6 awarding preferences relating to wages or employment
7 benefits of entities contracting with the political
8 subdivision; providing applicability; creating s.
9 448.077, F.S.; preempting regulation of the terms and
10 conditions of employment to the state; declaring void
11 any ordinance, order, rule, or policy that violates
12 this prohibition; creating s. 448.106, F.S.; providing
13 definitions; preempting the regulation of heat
14 exposure requirements in the workplace to the state;
15 providing that certain local laws, ordinances,
16 resolutions, regulations, rules, codes, policies, and
17 amendments are void and prohibited; requiring the
18 Department of Commerce to adopt rules relating to
19 workplace heat exposure requirements if the
20 Occupational Safety and Health Administration has not
21 done so by a date certain; providing requirements for
22 such rules; prohibiting local governments from
23 mandating or imposing certain requirements or seeking
24 information from certain persons relating to certain
25 requirements; providing construction and
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26 applicability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (2) and paragraph (a) of subsection
31 (3) of section 218.077, Florida Statutes, are amended to read:
32 218.077 Wage and employment benefits requirements by
33 political subdivisions; restrictions.—
34 (2)(a) Except as otherwise provided in subsection (3), a
35 political subdivision may not establish, mandate, maintain, or
36 otherwise require an employer to pay a minimum wage, other than
37 a state or federal minimum wage, to apply a state or federal
38 minimum wage to wages exempt from a state or federal minimum
39 wage, or to provide employment benefits not otherwise required
40 by state or federal law.
41 (b) A political subdivision may not through its purchasing
42 or contracting procedures seek to control or affect the wages or
43 employment benefits provided by its vendors, contractors,
44 service providers, or other parties doing business with the
45 political subdivision. A political subdivision may not through
46 the use of evaluation factors, qualification of bidders, or
47 otherwise, award preferences on the basis of wages or employment
48 benefits provided by its vendors, contractors, service
49 providers, or other parties doing business with the political
50 subdivision.
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51 (3) This section does not:
52 (a) Limit the authority of a political subdivision to
53 establish a minimum wage other than a state or federal minimum
54 wage or to provide employment benefits not otherwise required
55 under state or federal law:
56 1. For the employees of the political subdivision; or
57 2. For the employees of an employer contracting to provide
58 goods or services for the political subdivision, or for the
59 employees of a subcontractor of such an employer, under the
60 terms of a contract with the political subdivision; or
61 2.3. For the employees of an employer receiving a direct
62 tax abatement or subsidy from the political subdivision, as a
63 condition of the direct tax abatement or subsidy.
64 Section 2. Section 448.077, Florida Statutes, is created
65 to read:
66 448.077 Regulation of labor preempted to state.—
67 The regulation of the terms and conditions of employment is
68 expressly preempted to the state. Unless expressly authorized by
69 special or general law, a county, municipality, special
70 district, or political subdivision of the state may not adopt or
71 enforce an ordinance, order, rule, or policy providing any term
72 or condition of employment that exceeds or conflicts with the
73 requirements of federal or state law relating to any term or
74 condition of employment. An ordinance, order, rule, or policy
75 that violates this section is void and unenforceable.
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76 Section 3. Section 448.106, Florida Statutes, is created
77 to read:
78 448.106 Workplace heat exposure requirements; preemption;
79 rulemaking.—
80 (1) As used in this section, the term:
81 (a) "Contractor" means an employer contracting with, or
82 seeking to contract with, a local government to provide goods or
83 services to, for the benefit of, or on behalf of the local
84 government.
85 (b) "Employee" means a natural person, including a self -
86 employed person, who receives any type of compensation or
87 remuneration for providing services to an employer.
88 (c) "Employer" means a person who hires or contracts for
89 the services of employees.
90 (d) "Heat exposure requirement" means a standard mandated
91 or otherwise imposed on employers, employees, contractors, or
92 subcontractors to control an employee's exposure to heat or sun,
93 or to otherwise address or moderate the effects of such
94 exposure. The term includes, but is not limited to, standards
95 relating to all of the following:
96 1. Employee monitoring and protection.
97 2. Water consumption.
98 3. Cooling measures.
99 4. Acclimatization and recovery periods or practices.
100 5. Posting or distributing notices or materials relating
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101 to heat exposure which inform employees how to protect
102 themselves from such exposure.
103 6. Implementation and maintenance of heat exposure
104 programs or training.
105 7. Appropriate first-aid measures or emergency responses
106 related to heat exposure.
107 8. Protections for employees who report that they have
108 experienced excessive heat exposure.
109 9. Reporting and recordkeeping requirements.
110 (e) "Local government" means a county, municipality,
111 department, commission, district, board, or other public body,
112 whether corporate or otherwise, created by or under state law.
113 (f) "Subcontractor" has the same meaning as in s.
114 448.095(1).
115 (2)(a) The regulation of workplace heat exposure
116 requirements is preempted to the state. Any local law,
117 ordinance, resolution, regulation, rule, code, policy, or
118 charter amendment adopted before, on, or after the effective
119 date of this act which conflicts with this section is void and
120 prohibited.
121 (b) If the Occupational Safety and Health Administration
122 has not adopted by rule requirements regulating workplace heat
123 exposure by July 1, 2028, the Department of Commerce must adopt
124 by rule statewide workplace heat exposure requirements. Such
125 rules must be consistent with the standards of the Occupational
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126 Safety and Health Administration in effect at the time the
127 Department of Commerce adopts its rules, and modified as
128 necessary to reflect workplace heat exposure considerations
129 specific to this state. The Legislature must ratify such rules
130 before they take effect.
131 (3) Except as otherwise provided in this section, a local
132 government may not:
133 (a) Mandate or otherwise impose heat exposure requirements
134 on an employer, an employee, a contractor, or a subcontractor.
135 (b) Consider or seek information relating to a
136 contractor's or subcontractor's heat exposure requirements in
137 any procurement for goods or services.
138 (4) This section does not limit the authority of a local
139 government to mandate or impose workplace heat exposure
140 requirements for the employees of the local government.
141 (5) This section does not apply if it is determined that
142 compliance with this section will prevent the distribution of
143 federal funds to a local government or would otherwise be
144 inconsistent with federal requirements pertaining to receiving
145 federal funds, but only to the extent necessary to allow a local
146 government to receive federal funds or to eliminate the
147 inconsistency with federal requirements.
148 Section 4. This act shall take effect July 1, 2024.
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Presentation 1
2023 FLORIDA YOUTH
SUBSTANCE ABUSE
SURVEY
Erica Floyd Thomas
Assistant Secretary for Substance Abuse and Mental Health
Department of Children and Families
OVERVIEW
• The Florida Youth Survey (FYS) has been conducted since 1999. The FYS has
consisted of three questionnaires since its inception. The 2023 questionnaires include
the Florida Youth Tobacco Survey (FYTS), Florida Youth Substance Abuse Survey
(FYSAS), and Florida Specific Youth Survey (FSYS).
• The FYS is a system of surveys conducted in tandem, in the same classrooms via either
a web or paper administration. Survey instruments are evenly collated so that each
student in the randomly selected class is asked to complete one of the surveys being
administered.
2
BACKGROUND
• Since 2002, the FYSAS is administered each spring to public middle and high
school students across Florida.
• During even years, the FYS sample size is larger and aimed at producing state
and county-level data for the FYTS and FYSAS questionnaires.
• On odd years, the FYS has aimed to collect only state-level data.
• In odd numbered years, sample size is only large enough to produce state-
level estimates.
• Survey administration typically occurs in a seven-week window from January to
March.
3
THE 2023 FYSAS
• The 2023 survey was a state-level sample, therefore not all Florida counties
were selected to participate: 33 counties selected, 28 participated.
• Final sample size was 9,101 across grades 6th through 12th.
• 62.2 percent of surveys were administered online.
• 37.8 percent of surveys were administered with printed booklets.
4
NATIONAL VAPING AMONG STUDENTS, 2022
Nationally, more than 2.5 million middle and high school
students use e-cigarettes.
Flavored E-Cigarette Use
• Nearly 85% used flavored e-cigarettes, with fruit flavors
being the most popular, followed by candy, desserts, or
other sweets.
Frequency of Use
• More than 4 in 10 youth e-cigarette users report using e-
cigarettes in at least 20 of the last 30 days.
Type of Device
• The most commonly used device among current users
was disposables (55.3%), followed by prefilled/refillable
pods or cartridges (25.2%).
5
VAPING AND CIGARETTE USE, FYSAS 2023
• Past 30 Day Overall Prevalence (Percentage of Total Students)
6
NICOTINE, TOBACCO, AND VAPING: MIDDLE SCHOOL
• Past 30-Day Prevalence (Percentage of Students)
Middle School
15.0%
10.0%
5.4
5.0%
3.0
1.3
0.0%
7
NICOTINE, TOBACCO, AND VAPING: HIGH SCHOOL
• Past 30-Day Prevalence (Percentage of Students)
High School
15.0%
9.7
10.0%
8.4
5.0%
1.2
0.0%
8
CIGARETTE USE
• Past 30-Day Prevalence by Grade School Cohort
9
VAPING NICOTINE AND SMOKING CIGARETTES
• Past 30-Day Prevalence
10
ANY VAPING
• Past 30-Day Prevalence
2019 and onward are shaded
differently because 2019 was the
first year that the survey’s vaping
question distinguished nicotine from
marijuana. Additionally, starting in
2019, counties were given the
choice to administer the survey by
paper or electronic mode.
11
NICOTINE VAPING
• Past 30-Day Prevalence
12
MARIJUANA VAPING
• Past 30-Day Prevalence
13
VAPING NICOTINE AND VAPING MARIJUANA
• Past 30-Day Prevalence
14
VAPING TREND SUMMARY
• Among high school students, the vaping epidemic peaked in 2019, with rates for both
vaping nicotine and vaping marijuana decreasing between 2019 and 2023.
• Nicotine vaping: 7.7 percent decline.
• Marijuana vaping: 3.9 percent decline.
• Among middle school students, past-30-day vaping rates showed less change between
2019 and 2023.
• Nicotine vaping: 0.5 percent decline.
• Marijuana vaping: no change.
• While national vaping rates began to increase again in 2022, Florida vaping rates
continued to decline.
15
RISK FACTORS FOR VAPING
• Risk factors for early initiation of nicotine vaping:
• Cigarette use
• Alcohol use
• Having friends that use substances
• Being arrested or being suspended
• Risk factors for nicotine vaping:
• All forms of bullying (physical, verbal, and cyber)
• Exposure to Adverse Childhood Experiences (ACEs):
• The lifetime prevalence of nicotine vaping is significantly higher among youth
with six or more ACEs (55%), compared to youth with zero ACEs (19%).
• Low-self control
• Having friends that vape nicotine
• Social media use
16
FLORIDA STUDENTS WHO DO NOT THINK INDIVIDUALS
CAN GET ADDICTED TO ELECTRONIC VAPOR PRODUCTS
17
FLORIDA STUDENTS WHO THINK IT WOULD BE EASY
TO QUIT USING ELECTRONIC VAPOR PRODUCTS
18
IMPLICATIONS FOR POLICIES AND PRACTICES
• Screen youth for exposure to ACEs.
• Provide evidence-based programs that build skills, improve self-control, and
bolster resiliency.
• Educate parents on:
• The risk of children spending time with friends who vape and the importance
of enhanced monitoring of peer associations.
• The importance of monitoring and restricting social media use.
19
Questions?
20
Presentation 2
Truth Initiative
Presentation for
Florida House Regulatory Reform &
Economic Development Subcommittee
December 13, 2023
HELLO & WELCOME!
Elizabeth C. Hair, Ph.D.
Senior Vice President,
Truth Initiative Schroeder Institute
2
OUR ORIGIN STORY
In 1998, 46 states sued Big Tobacco for defrauding
and manipulating the American Public. It was -
and remains - the largest civil litigation settlement
in the US History.
From this, the Master Settlement Agreement was
created, and American Legacy Foundation (later
renamed Truth Initiative) was founded in 1999.
3
SOME TRUTHS ABOUT US
We are a 501(c)3.
We are the largest (non-governmental) national youth & young adult smoking,
vaping and nicotine prevention campaign.
We are results-driven and evidence-based.
Facts, science, and proof are our currency.
We make work within the rules of the
Master Settlement Agreement
Our mission is to achieve a culture where young people reject
smoking, vaping & nicotine
4
What the public (mostly) sees
What we actually do: Research, policy,
activism, community outreach, R&D,
partnerships, curriculum, innovation,
thought leadership
5
How it started How it’s going
23% <4%
Teen smoking rate in 2000 when Teen smoking rate today
truth launched
*35% of them vape
20+ days a month
<5% 27.5% 10%
Teen vaping rate in 2013 Teen vaping rate in 2019 Teen vaping rate today
6
WE STILL FACE SOME TOUGH CHALLENGES
CHALLENGE
Nicotine addiction is a low interest / low
involvement “cause” among youth
Vaping has gone from novel to
normalized in youth culture
An elusive audience, and fragmentation of
media landscape
A tobacco industry that outspends us
in media $ by 182X
7
OVERCOMING OUR CHALLENGES
CHALLENGE ACTION
Nicotine addiction is a low interest / low Connect this issue with the cause
involvement “cause” among youth they care the most about
Vaping has gone from novel to
normalized in youth culture
An elusive audience, and fragmentation of
media landscape
A tobacco industry that outspends us
in media $ by 182X
8
Gen Z isn’t concerned about their peers vaping…
but they are very concerned about protecting their MENTAL HEALTH
Mental Health Issues 74%
Vape use among young people 50%
What they don’t know is that
nicotine is a key contributor to a long list of mental health problems
10
OVERCOMING OUR CHALLENGES
CHALLENGE ACTION
Nicotine addiction is a low interest / low Connect this issue with the cause
involvement “cause” among youth they care the most about
Vaping has gone from novel to Get them to think twice about
normalized in youth culture using nicotine vapes to cope
An elusive audience, and fragmentation of
media landscape
A tobacco industry that outspends us
in media $ by 182X
11
DEBUNKING A MYTH THAT IS WIDELY BELIEVED
START TO PLANT A DEMONSTRATE THE REVEAL WHERE THE
SEED OF DOUBT NICOTINE CYCLE MYTH COMES FROM
12
12
TOXIC “THERAPY” FROM YOUR VAPE
“Texting Anxiety” :15 “Hypnotherapy” :15 “Sleep Exercises” :15 “Locker Anxiety” :15
13
OVERCOMING OUR CHALLENGES
CHALLENGE ACTION
Nicotine addiction is a low interest / low Connect this issue with the cause
involvement “cause” among youth they care the most about
Vaping has gone from novel to Get them to think twice about
normalized in youth culture using nicotine vapes to cope
An elusive audience, and fragmentation of Meet the audience where they are
media landscape with what they need
A tobacco industry that outspends us
in media $ by 182X
14
HOW THE TRUTH BRAND USED TO COME TO LIFE
Advertising
Experiential
Marketing
Merch
15
HOW OUR BRAND COMES TO LIFE TODAY
Advertising
Social Content
Cessation Products
Curriculum Partnerships
thetruth.com
Influencers & Creators
Cessation Kits
Activism and Advocacy
16
CESSATION PRODUCT – THIS IS QUITTING
17
COMMUNITY & YOUTH ENGAGEMENT
• We give youth the skills and resources that they need to be
leaders in rejecting tobacco, and to empower them to be change agents
in their respective communities
• We do this through several programs
including truth® Ambassador and
Experiential and Mobilization programs
18
TOBACCO AND VAPE FREE COLLEGES
● Since 2015, Truth Initiative has provided grants to more than 220 colleges, universities, and college
systems to advocate for, adopt and implement a 100% tobacco/vape-free policy.
● Impact: 153 college policies impacting more than 1.4 million students, faculty and staff.
19
CURRICULUM
20
OVERCOMING OUR CHALLENGES
CHALLENGE ACTION
Nicotine addiction is a low interest / low Connect this issue with the cause
involvement “cause” among youth they care the most about
Vaping has gone from novel to Get them to think twice about
normalized in youth culture using nicotine vapes to cope
An elusive audience, and fragmentation of Meet the audience where they are
media landscape with what they need
A tobacco industry that outspends us Commitment measuring impact & a consistent
in media $ by 182X behavior change model
21
MODEL FOR CHANGE
22
THE TRUTH KAB MODEL
The Knowledge, Attitudes and Beliefs (KAB) Model is adapted from Robert Hornick 2002's study
on Public Health Communication: Evidence for Behavior Change.
Intermediate
Exposure Behavior Change
Outcomes
Truth Content: Declines in:
• Initiation
Online Shifts in • Experimentation
Television • Campaign-related • Progression to
Mobile Knowledge, Attitudes & established use
Tours Beliefs Increases in:
Unbranded • Social Norms • Treatment Uptake
• Intentions Not to Use • Quit Attempts
• Intentions to Quit • Cessation
Moderators (demographic/psychosocial factors)
24
Nicotine Naïve Sample: Initiation & Progression
= Significant
= Not significant Perceived
Risk of Harm
Initiation &
Lower
truth Ad Intensity of
Awareness Anti-Industry Social
Unacceptability ENDS Use
(Cumulative) Over Time
Independence
Non-Vape
Identity
Hair EC, Kreslake JM, Liu MS, Vallone DM, Hair EC. Pathways to prevent e-cigarette use: examining the effectiveness of the truth(r) campaign. Health Psychology (in press).
Vape User Sample: Declines in Use
= Significant
= Marginally significant Perceived risk
= Not significant of Harm
Lower
truth Ad ENDS
Awareness Social Use
Anti-Industry Intensity
(Cumulative) Unacceptability
Over
Time
Independence
Non-Vape
Identity
Kreslake JM, Aarvig K, Liu M, Vallone DM, Hair EC. Pathways to Quitting E-cigarettes Among Youth and Young Adults: Evidence From the truth® Campaign. American Journal of Health Promotion. 2023:08901171231218492.
Summary
• Among a nicotine-naïve sample, cumulative exposure to truth is related to declines in
vaping initiation and further progression in use over time.
• Among current vapers, cumulative exposure to truth is related to declines in
frequency of use over time.
Questions?
Beth Hair
truthinitiative.org
Presentation 3
Channels for e-cig marketing
Internet
Convenience stores Newspapers and magazines
Television
Marketing: Television & Magazines
• No cigarette advertisements
on television since 1971
• Today’s youth see e-cigarette
advertisements on television,
first tobacco product in
generations advertised using
this medium
(Truth Initiative Vaporized, 2015)
Youth E-cig Ad exposure by Channel 2014-2020
90%
Convenience stores
Percentages of Adolescents Exposured to E-cigarette Ads
80%
Internet
70%
60%
TV
50%
40%
Newspapers and magazines
30%
20%
10%
0%
2014 2015 2016 2017 2018 2019 2020
Time
NYTS Data
Ma H, Noar S, Ribisl KM. In prep.
Results: Ad Spending by Channel
• Total ad spend from 2015 to 2020 was $433.6 million (m).
• $37.6m in 2015, $40.8m in 2016, $29.8m in 2017, $86.4m in 2018,
$217.1m in 2019, and $21.8m in 2020 Across all years, local ad spending
was predominantly used for print
(64.6%) and radio (33.9%).
Source: Welding, K et al 2021 CERSI.
Results: Ad Spending by Company
• There are 65 advertisers in the sample.
• Five advertisers (JUUL, Vuse, Blu, MarkTen, Logic) account for 98.1% of
expenditures.
Source: Welding, K et al 2021 CERSI.
EMA studies reveal weekly average exposure
to tobacco marketing, mostly at POS
• More for Black and Hispanic youth Exposure over 21 days
• Internet exposure is rising
• Young adults in Hawaii were more
likely to vape immediately after seeing
pro-vape content on Instagram
Rose SW et al. (2017). BMC Research Notes. 10(1):435.
Martino SC et al. (2012). Nicotine & Tobacco Research. 14(4):398-406.
Pokhrel P et al. (2021). Addictive Behaviors Reports. 14:100368.
CDC researchers
estimated that
15,030,000 youth
reported exposure to
e-cigarette marketing
at retail stores in 2019
Wang TW et al. (2019). MMWR Morb Mortal Wkly Rep. 68(12): p. 1-28.
POS Exposure to Ecig Marketing Predicts E-cig Use
Two large longitudinal studies with youth who had never used e-cigarettes showed that youth with exposure to
e-cig marketing at stores had significantly higher odds of using e-cigs than those with no exposure
CA, 16 months later
3.16 times more likely to report e-cig use
TX, 2.5 years later
1.99 times more likely to report e-cig use
1 2 3 4 5 6 7
> 1,500 CA 11th and 12th graders; >2,000 School-aged TX youth Cruz TB et al. (2019). Nicotine & Tobacco Research. 21(7):926-932.
Loukas A et al. (2019). Pediatrics. 144(3):e20183601.
Exponential growth in Juul-related tweets
Jan 2017-December 2018
Juul-specific ↑ from 1.3% in 2017Q1 to 53.8% in 2018Q4
Non-Juul e-cigarettes
Total
Geolocated
Kim Y et al. (2021). Tobacco Control. 30(2):137-146.
Marketing Conclusions
1. E-cigarette products are marketed in a wide variety of
channels that have broad reach among youth and
young adults , including television, point-of-sale,
magazines, promotional activities, radio, and the
Internet.
2. Themes in e-cigarette marketing, including sexual
content and customer satisfaction, are parallel to
themes and techniques in conventional cigarette
advertising and promotion.
3. Like cigarette advertising, e-cigarette advertising
appears to increase product initiation among never
users, discourages quit attempts in current users,
and encourages relapse in those who are trying to
quit.
https://www.dailymail.co.uk/health/article-11436029/FDA-cracks-e-cigarettes-child-friendly-packaging.html
Source: "JUUL Advertising Over its First Three
Years on the Market" by Stanford Research into
the Impact of Tobacco Advertising
https://ca.news.yahoo.com/juul-advertising-tobacco-lawsuits-115746073.html
Product Design
Ribisl PD-3
Nicotine Delivery
There’s no product I’m
aware of that has
higher nic. %
– Adam Bowen,
JUUL Co-founder
High Smooth
Nicotine (salts)
PTX 0510, PTX 0701
Ribisl PD-4
Ribisl PD-13
Ribisl PD-14
Ribisl PD-15
PTX 1607-0522
Ribisl PD-16
Most Juul followers are youth or young adults
• As of April 2018, @JUULvapor had 9,077 followers that were individuals (i.e. not
corporate or organizational accounts)
• Of these, 80.6% (7,313) were aged 13-20, below the legal age to purchase Juul
products
• 44.9% were youths (aged 13-17 years)
• 43.6% were young adults (aged 18-24 years)
• 11.5% were adults (21 years or older)
Kim AE et al. (2019) JAMA Pediatrics. 173(7):690-
VAPING
PREVENTION
RESOURCE
UNC LINEBERGER COMPREHENSIVE
CANCER CENTER
MEDIA
GALLERY
VAPING
PREVENTION
RESOURCE
854
ITEMS IN MEDIA GALLERY
Supporting health practitioners
and communities
37
ORGANIZATIONS
MEDIA GALLERY
41
Conclusions
• Widespread Availability and Youth Access to E-cigarettes (Supply)
• Ubuiquitious Ads and Promotions for E-cigarette (Demand)
• Solution – Comprehensive Vaping Prevention and Control Program
Presentation 4
Tobacco Marketing & It’s Impact
on Youth
Bonnie Halpern-Felsher, PhD, FSAHM
Marron and Mary Elizabeth Kendrick Professor
in Pediatrics II
Founder & Executive Director, TPT, CAPT, & VISIT
Youth Marketing Exposure
Youth see advertisements and posts for tobacco products at
convenience stores, supermarkets, and gas stations; using the
Internet/social media; going to the movies; reading newspapers or
magazines
2021 NYTS: among youth who reported engaging in these activities,
75.7% reported exposure to tobacco marketing or advertising
Among students who reported using social media, 73.5% had seen
e-cigarette–related content
Internet and social media increase reach, relevance, and
opportunities to interact with young consumers
Marketing Themes
Aspirational visual imagery (e.g., race car driver, dancer,
cool) to motivate tobacco use
Freedom, environment
Celebrities and familiar characters
Cartoon characters
Tobacco Marketing & Effects on Youth
Youth are swayed by images, colors, flavors, celebrities and
other influencers, and some themes, which appeal to their
emotional decision-making process
Weigh emotional aspects and rewards of the decision more
than the cognitive aspects (e.g., risks vs rewards)
Tobacco Marketing & Effects on Youth
Lowers consumers’ and potential consumers’ perceptions of
risk and increases beliefs in the acceptability of tobacco
products
Results in perceptions of reduced risks, greater benefits,
and greater social acceptability of marketed tobacco products
Tobacco Marketing & Effects on Youth
Youth exposed to tobacco-related marketing:
– Greater perceptions of benefits
– Reduced perceptions of harm
– Greater intentions and susceptibility to use
– Greater likelihood of use
Cool and Youth-Focused Ads
tobaccopreventiontoolkit.stanford.edu
Cool and Youth-Focused Ads
tobaccopreventiontoolkit.stanford.edu
Social Media Targeting
tobaccopreventiontoolkit.stanford.edu
• Problematic memes and cartoons are also distributed via
Twitter or Instagram, which give youth the impression that
using is okay
Juice Boxes
Candy Flavored Nicotine
Pouches
Cartoonish Characters in
Myriad Flavors
Profusion of Brands Offering
Sweet and Fruity Flavors
Do Flavored Ads Target Youth?
McKelvey, Baiocchi, Ramamurthi, McLaughlin, Halpern-Felsher, 2018
Target Age Group Attributed to Ads by Flavor
Appletini
Kona coffee
Cherry
Vanilla cupcake
Flavor
Younger
Beer My Age
Little Older
Smoothy Much Older
Caramel cappucino
The cupcake man
0% 20% 40% 60% 80% 100%
% of Responses Indicating Age Group
McKelvey, Baiocchi, Ramamurthi, McLaughlin, Halpern-Felsher, 2018
Barbie Inspired
Use of Celebrities
Use of Technology & Smart Screens
Racing
Environment
“FIRST GLOBAL CARBON NEUTRAL”
2021
Environment
Conclusions
Tobacco marketing appeals to youth
– That can reach anyone under age 25
– Focuses on themes that are appealing to youth
• Flavors
• Colors
• “Bling”
• Cartoons and characters
• Celebrities and influencers
• Environment
Conclusions
Ongoing surveillance needed
– Rates of use
– Products used
– Marketing
Watch for loopholes
Bonnie Halpern-Felsher, PhD, FSAHM
Professor, Adolescent Med/Peds
Bonnie.halpernfelsher@Stanford.edu
Presentation 5
COMMERCIAL FREE SPEECH AND
RESTRICTIONS ON TOBACCO ADVERTISING
11/28/2023 1
THE PUBLIC HEALTH LAW CENTER
2
3
TYPES OF SPEECH AND EXPRESSIVE CONDUCT
The First Amendment protects:
• Speech
• Expressive conduct
12/4/2023 4
TYPES OF SPEECH AND EXPRESSIVE CONDUCT
The First Amendment protects:
• Speech
• Expressive conduct
• Including commercial speech
12/5/2023 5
STANDARDS OF SCRUTINY
Means Used to Achieve the
Level of Scrutiny State Interest
State Interest
Necessary/Least restrictive
Strict Compelling actual purpose
means
Intermediate Important actual purpose Substantially related
Legitimate conceivable
Rational Rationally related
purpose
6
STANDARDS OF SCRUTINY
Means Used to Achieve the
Level of Scrutiny State Interest
State Interest
Necessary/Least restrictive
Strict Compelling actual purpose
means
Intermediate Important actual purpose Substantially related
Legitimate conceivable
Rational Rationally related
purpose
7
STANDARDS OF SCRUTINY
Rational Intermediate Struct
Basis Scrutiny Scrutiny
12/5/2023 8
STANDARDS OF SCRUTINY
Rational Basis Intermediate Scrutiny Central Hudson Struct Scrutiny
12/4/2023 9
CENTRAL HUDSON
• Does the law restrict protected
speech?
• Is the law justified by a substantial
governmental interest?
• Does the law directly advance the
governmental interest?
• Is there a reasonable fit between the
goal and the means chosen to
accomplish the goal?
12/4/2023 10
CENTRAL HUDSON
• Does the law restrict protected
speech?
• Is the law justified by a substantial
governmental interest?
• Does the law directly advance the
governmental interest?
• Is there a reasonable fit between the
goal and the means chosen to
accomplish the goal?
12/4/2023 11
STANDARDS OF SCRUTINY
Intermediate
Rational Basis O’Brien/Ward Central Hudson Struct Scrutiny
Scrutiny
12/4/2023 12
O’BRIEN/WARD
• Does the regulation further an
important or substantial governmental
interest?
• Is the governmental interest unrelated
to the suppression of free expression?
• Would the interest be achieved less
effectively without the regulation?
12/4/2023 13
O’BRIEN/WARD
• Does the regulation further an
important or substantial governmental
interest;
• Is the governmental interest unrelated
to the suppression of free expression?
• Would the interest be achieved less
effectively without the regulation?
12/4/2023 14
STANDARDS OF SCRUTINY
Intermediate Central Struct
Rational Basis Zauderer O’Brien/Ward
Scrutiny Hudson Scrutiny
12/4/2023 15
ZAUDERER
Is the disclosure requirement:
• reasonably related to a legitimate
governmental interest?*
• purely factually, accurate, and
uncontroversial?
• unjustified or unduly burdensome?
* Preventing deception
12/4/2023 16
ZAUDERER
Is the disclosure requirement:
• reasonably related to a legitimate
governmental interest?*
• purely factually, accurate, and
uncontroversial?
• unjustified or unduly burdensome?
* Preventing deception
12/4/2023 17
ZAUDERER & COMPELLED OPINION STATEMENTS
https://www.fda.gov/ 12/4/2023 18
STANDARDS OF SCRUTINY
Intermediate Central Struct
Rational Basis Zauderer O’Brien/Ward
Scrutiny Hudson Scrutiny*
* Compelled Opinion
Statements
12/4/2023 19
STANDARDS OF SCRUTINY
Zauderer O’Brien/Ward Central Hudson
• Compelled disclosures • Restricting conduct with • Limits or restrictions of
incidental effect on commercial speech
expression
12/5/2023 20
SUCCESSFUL LAWS
• Plan for strict scrutiny, hope for rational
basis
• Provide evidence and findings
• Think carefully about the law’s “fit” with
your actual goals
12/5/2023 21
CONTACT US
651.290.7506
publichealthlawcenter@mitchellhamline.edu
Tom.Pryor@mitchellhamline.edu
www.publichealthlawcenter.org
@phealthlawctr
facebook.com/publichealthlawcenter
22
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