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Regulatory Reform & Economic Development Subcommittee Meeting Packet, December 13, 2023

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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 .
STORAGE NAME: h0049.RRS
DATE: 12/11/2023
                                                      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.
STORAGE NAME: h0049.RRS                                                                                         PAGE: 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.
STORAGE NAME: h0049.RRS                                                                                                            PAGE: 3
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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
STORAGE NAME: h0049.RRS                                                                                                PAGE: 4
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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).
STORAGE NAME: h0049.RRS                                                                                                    PAGE: 5
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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).
STORAGE NAME: h0049.RRS                                                                                                        PAGE: 6
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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.
STORAGE NAME: h0049.RRS                                                                                                         PAGE: 7
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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.
STORAGE NAME: h0049.RRS                                                                                       PAGE: 8
DATE: 12/11/2023
                    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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DATE: 12/11/2023
                   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.
STORAGE NAME: h0049.RRS                                                                                     PAGE: 10
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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.
STORAGE NAME: h0049.RRS                                                                                     PAGE: 11
DATE: 12/11/2023
                       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.
STORAGE NAME: h0049.RRS                                                                                                           PAGE: 13
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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




STORAGE NAME: h0049.RRS                                                 PAGE: 16
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           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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        HB 49                                                                                                 2024




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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                                                                                                             hb0049-00
     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.
STORAGE NAME: h0293.RRS                                                                                          PAGE: 3
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
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           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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        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
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       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
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           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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        HB 303                                                                                                2024




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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         HB 303                                                                                                2024




 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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         HB 303                                                                                                2024




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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         HB 303                                                                                                2024




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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         HB 303                                                                                                2024




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.
STORAGE NAME: pcs0267.RRS                                                                                            PAGE: 2
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         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).
STORAGE NAME: pcs0267.RRS                                                                                            PAGE: 3
DATE: 12/11/2023
         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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DATE: 12/11/2023
         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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DATE: 12/11/2023
       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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DATE: 12/11/2023
                 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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DATE: 12/11/2023
        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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DATE: 12/11/2023
                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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DATE: 12/11/2023
       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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DATE: 12/11/2023
          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.
STORAGE NAME: pcs0267.RRS                                                                                           PAGE: 13
DATE: 12/11/2023
    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.
STORAGE NAME: pcs0267.RRS                                                                             PAGE: 14
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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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         PCS for HB 267                                                                                       2024




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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         PCS for HB 267                                                                                       2024




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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         PCS for HB 267                                                                                       2024




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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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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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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                                           Bill No. PCS for HB 267   (2024)
        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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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 .
STORAGE NAME: pcs0433.RRS
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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).
STORAGE NAME: pcs0433.RRS                                                                                                        PAGE: 2
DATE: 12/8/2023
         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.
STORAGE NAME: pcs0433.RRS                                                                                                        PAGE: 3
DATE: 12/8/2023
         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.
STORAGE NAME: pcs0433.RRS                                                                                                      PAGE: 4
DATE: 12/8/2023
         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).
STORAGE NAME: pcs0433.RRS                                                                                                      PAGE: 5
DATE: 12/8/2023
         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).
STORAGE NAME: pcs0433.RRS                                                                                                      PAGE: 6
DATE: 12/8/2023
          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).
STORAGE NAME: pcs0433.RRS                                                                                                                  PAGE: 7
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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.

STORAGE NAME: pcs0433.RRS                                                                                     PAGE: 8
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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:
STORAGE NAME: pcs0433.RRS                                                                                   PAGE: 9
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
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           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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        PCS for HB 433                                                                                       2024




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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        PCS for HB 433                                                                                       2024




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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         PCS for HB 433                                                                                       2024




 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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         PCS for HB 433                                                                                       2024




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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         PCS for HB 433                                                                                       2024




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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