Regulatory Reform & Economic Development Subcommittee — Meeting Packet, January 17, 2024

Issuer: Congressional materials
Document type: 2024 01 17 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
Date: 2024-01-17

Summary

The meeting packet for the Florida House of Representatives Regulatory Reform & Economic Development Subcommittee meeting of Wednesday, January 17, 2024, chaired by Tyler Sirois. The agenda lists HB 293, HB 377, HB 535, HB 577, HB 579, HB 665 and HB 1203, plus a proposed committee substitute for HB 189 on gaming control. The packet opens with the text of HB 293, which would amend section 720.3035, Florida Statutes, to require homeowners' associations to adopt hurricane protection specifications and bar them from denying conforming applications. A staff analysis of HB 293 dated 12/11/2023 describes current law on associations, fines and hurricane hardening, and the bill's effect. The packet closes with the fiscal and comments sections of the staff analysis for PCS for HB 189, dated 1/12/2024, which addresses fines for trafficking in slot machines or devices.

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“Regulatory Reform & Economic Development Subcommittee — Meeting Packet, January 17, 2024.” Original at www.flhouse.gov, dated 2024-01-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-17-2024-01-17-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-1-17-24/, SHA-256 7bc91178386069a995a0eff079c00c0827020f248c2afa26b613045bf8085976.

Full text

Regulatory Reform & Economic
Development Subcommittee
Wednesday, January 17, 2024
8:00 AM - 10:00 AM
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, January 17, 2024
8:00 am – 10:00 am
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):
• HB 293 Hurricane Protections for Homeowners' Associations by Sirois
• HB 377 License or Permit to Operate a Vehicle for Hire by Borrero
• HB 535 Low-voltage Alarm System Projects by Snyder
• HB 577 Spaceport Territory by Griffitts
• HB 579 Use of Private Providers for Plans Review and Inspection by Griffitts
• HB 665 Expedited Approval of Residential Building Permits by McClain
• HB 1203 Homeowners' Associations by Esposito

Consideration of the following proposed committee substitute(s):
• PCS for HB 189 -- Gaming Control

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 293
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 293 2024

1 A bill to be entitled
2 An act relating to hurricane protections for
3 homeowners' associations; amending s. 720.3035, F.S.;
4 providing applicability; requiring the board or a
5 committee of a homeowners' association to adopt
6 hurricane protection specifications; requiring that
7 such specifications conform to applicable building
8 codes; prohibiting the board or a committee of an
9 association from denying an application for the
10 installation, enhancement, or replacement of certain
11 hurricane protection; authorizing the requirement to
12 adhere to certain guidelines regarding the external
13 appearance of a structure or an improvement on a
14 parcel; defining the term "hurricane protection";
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (6) is added to section 720.3035,
20 Florida Statutes, to read:
21 720.3035 Architectural control covenants; parcel owner
22 improvements; rights and privileges.—
23 (6)(a) To protect the health, safety, and welfare of the
24 people of the state and to ensure uniformity and consistency in
25 the hurricane protection installed by parcel owners, this

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

HB 293 2024

26 subsection applies to all homeowners' associations in the state,
27 regardless of when the community was created. The board or any
28 architectural, construction improvement, or other such similar
29 committee of an association must adopt hurricane protection
30 specifications for each structure or other improvement on a
31 parcel governed by the association. The specifications may
32 include the color and style of hurricane protection products and
33 any other factor deemed relevant by the board. All
34 specifications adopted by the board must comply with the
35 applicable building code.
36 (b) Notwithstanding any other provision in the governing
37 documents of the association, the board or any architectural,
38 construction improvement, or other such similar committee may
39 not deny an application for the installation, enhancement, or
40 replacement of hurricane protection by a parcel owner which
41 conforms to the specifications adopted by the board or
42 committee. The board or committee may require a parcel owner to
43 adhere to an existing unified building scheme regarding the
44 external appearance of the structure or other improvement on the
45 parcel.
46 (c) For purposes of this subsection, the term "hurricane
47 protection" includes, but is not limited to, metal roofs,
48 permanent fixed storm shutters, roll-down track storm shutters,
49 impact-resistant windows and doors, polycarbonate panels,
50 reinforced garage doors, erosion controls, and other hurricane

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

HB 293 2024

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
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
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.
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
HB 377
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 377 2024

1 A bill to be entitled
2 An act relating to a license or permit to operate a
3 vehicle for hire; creating s. 320.0603, F.S.;
4 providing that a person who holds a license or permit
5 issued by a county or municipality to operate a
6 vehicle for hire may operate a vehicle for hire in any
7 other county or municipality without being subject to
8 certain requirements or fees under certain
9 circumstances; defining the term "airport"; providing
10 construction and applicability; providing an effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 320.0603, Florida Statutes, is created
16 to read:
17 320.0603 Vehicle-for-hire license or permit; reciprocity.—
18 (1) A person who holds a valid, active license or permit
19 issued by a county or municipality to operate a vehicle for hire
20 may operate a vehicle for hire in any other county or
21 municipality without being subject to additional licensing or
22 permitting requirements and without paying additional license or
23 permit fees if the person:
24 (a) Holds a valid, active license or permit to operate a
25 vehicle for hire in the county or municipality in which the

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

HB 377 2024

26 person is domiciled; and
27 (b) Has not had a license or permit to operate a vehicle
28 for hire suspended or revoked within the preceding 5 years.
29 (2) Notwithstanding subsection (1) or subsection (3), this
30 section does not apply to an airport. For purposes of this
31 section, the term "airport" includes an airport, airport
32 authority, aviation authority, or other entity that operates a
33 public-use airport as defined in s. 332.004, including counties,
34 municipalities, or special districts that operate airports
35 defined in this subsection.
36 (3) This section does not grant specific authority to
37 counties, municipalities, or special districts to regulate or
38 license vehicles for hire which is required by s. 163.211.
39 (4) This section does not apply to a person who holds a
40 valid, active license or permit to operate a vehicle for hire
41 when such person provides transportation of persons while on
42 stretchers or wheelchairs, or transportation of persons whose
43 disability, illness, injury, or other incapacitation makes it
44 impractical to be transported by a regular common carrier such
45 as a bus, taxi, non-taxi, limousine, or other vehicle for hire.
46 Section 2. This act shall take effect July 1, 2024.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 377 License or Permit to Operate a Vehicle for Hire
SPONSOR(S): Borrero
TIED BILLS: IDEN./SIM. BILLS: SB 648

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

2) Local Administration, Federal Affairs & Special
Districts Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Motor vehicles used for transporting persons or goods for compensation are called “vehicles for-hire” or
“transportation for-hire.” The transport of goods and other personal property in a motor vehicle by a corporation
or association for its stockholders, shareholders, and members, cooperative or otherwise, is also considered
transportation “for hire.”

Some counties and municipalities require persons to obtain a permit or license to operate a vehicle for-hire
within its jurisdiction. Counties are authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the county. Some
municipalities currently license and regulate vehicles for-hire under their broad general powers because they
are not currently prohibited from doing so in general law. Similarly, county airports and airport authorities are
not restricted from licensing and regulating vehicles for-hire.

The bill:
 Prohibits a county or municipality from requiring a person to obtain an additional license from such
county or municipality when that person holds a valid, active license or permit to operate a vehicle for-
hire in any other county or municipality if the person:
o Holds a valid, active license or permit to operate a vehicle for-hire in the county or municipality
in which the person permanently resides.
o Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.
 Provides that public-use airports are exempted from the provisions of the bill.
 Provides that certain persons who hold a valid, active license or permit to operate a vehicle-for-hire are
exempted from the provisions of the bill when such person provides transportation of persons:
o While on stretchers or wheelchairs, or
o Whose handicap, illness, other incapacitation makes it impractical to be transported by a regular
common carrier such as a bus, taxi, non-taxi, limousine, or other vehicle-for-hire.

The bill provides an effective date of July 1, 2024.

The bill may have an insignificant indeterminate fiscal impact on local governments.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0377.RRS
DATE: 1/12/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
License or Permit to Operate a Vehicle for-Hire- Current Situation

Background

With certain exceptions 1, offering for lease or rent any motor vehicle or offering passengers
transportation in exchange for compensation in the State of Florida qualifies the vehicle as a “for-hire
vehicle.” A “for-hire vehicle” is a motor vehicle used for transporting persons or goods for
compensation. When goods or passengers are transported for compensation in a motor vehicle outside
a municipal corporation of this state, or when goods are transported for compensation in a motor
vehicle not owned by the person owning the goods, such transportation is considered “for-hire.” In
addition, the carriage of goods and other personal property in a motor vehicle by a corporation or
association for its stockholders, shareholders, and members, cooperative or otherwise, is transportation
“for-hire.”2 Moreover, there are companies that provide for-hire medical transportation of individuals
while they are on stretchers or wheelchairs, or are handicap, have an illness, injury, or other
incapacitation.3 This kind of medical transportation is included in the definition of a “for-hire vehicle”
because the vehicle is transporting passengers for compensation. Some local governments require a
nonemergency and emergency medical transportation service provider to apply for a license or
certificate.4

Florida law establishes specific financial responsibility requirements applicable to for-hire vehicles. For-
hire vehicles, such as taxis and limousines, must maintain a motor vehicle liability policy with minimum
limits of $125,000 per person for bodily injury, $250,000 per incident for bodily injury, and $50,000 for
property damage.5 The owner or operator of a for-hire vehicle may also prove financial responsibility by
providing satisfactory evidence of holding a motor vehicle liability policy issued by an insurance carrier,
which is a member of the Florida Insurance Guaranty Association, or by providing a certificate of self-
insurance.6

Vehicles for-hire are not the same as transportation network companies or TNC’s, like Uber or Lyft. The
regulation and licensing of TNC’s are expressly preempted to the state and are regulated by the
Department of Financial Services.7

The State imposes an annual license taxes on certain types of motor vehicles for-hire upon registration
or renewal, including locally operated motor vehicles for-hire. These taxes range from: $17 flat plus
$1.50 per cwt8 to $3.50 flat plus $1.50 per cwt.9 However, the state does not require special licenses for
drivers for vehicles for-hire.

Counties

1 S. 320.01(15)(b), F.S.
2 S. 320.01(15)(a), F.S.
3
A couple examples of medical transportation: Explore ab out Nonmedical Transport Services, Frang Zeal, July 22, 2022,
https://frangzeal.com/faq-s/ (last visited Jan. 12, 2024) and Trans Mob ility Private Hire Service, Trans Mobility Private Hire Service,
https://www.transmobilityfl.com/ (last visited Jan. 12, 2024).
4 For example, Broward County requires nonemergency medical transportation service providers to obtai n a license and requires

emergency medical transport or non-transport services such as Advanced Life Services and Basic Life Services to obtain a certificate of
public convenience and necessity from the Broward County Board of Commissioners. See, Requirements for a Nonemergency Medical
Transportation Service License, https://www.broward.org/Consumer/Forms/Documents/NonemergencyMedicalTransportServLic_
ECPD2021.pdf (last visited Jan. 12, 2024); See also, Broward County Ordinance Code Sec. 3½-6.
5 S. 324.032(1), F.S.
6 S. 324.031, F.S.
7 S. 627.748(17)(a), F.S.
8 “Cwt” means the weight per hundred pounds, or major fraction thereof, of a motor vehicle. S. 320.01(8), F.S.
9 S 320.08(6) and (14), F.S.

STORAGE NAME: h0377.RRS PAGE: 2
DATE: 1/12/2024
Counties are specifically authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the
county.10 The county may impose licensing fees in order to license these vehicles for-hire.

Municipalities

Municipalities have broad home rule powers authorizing them to enact legislation concerning any
subject matter upon which the Legislature may act, except:
 The subjects of annexation, merger, and exercise of extraterritorial power, which require general
or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
 Any subject expressly prohibited by the constitution;
 Any subject expressly preempted to state or county government by the constitution or by
general law; or
 Any subject preempted to a county pursuant to a county charter adopted under the authority of
ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.11

A municipality is allowed to impose reasonable regulatory fees, proportionate with the cost of the
regulatory activity.12

Currently, counties and municipalities differ on whether they require vehicles for-hire to be licensed and
regulated. Some counties require licensure and some do not. Some cities require licensure for vehicles
for-hire within the city and also at the airport, while others only require the license for the city but not the
airport and vis-a-versa. Here are some examples of local requirements:13

 Miami-Dade County’s Passenger Transportation Regulatory Division regulates for-hire
chauffeurs and vehicles such as taxicabs, limousines, passenger motor carriers, including
jitneys and tour vans. The county charges $70 for an initial inspection fee, quarterly, semi-
annual and annual inspection fees of $38, depending on the type of service; $35 for re-
inspection; and $20 for a replacement decal. The For-Hire application fees are non-refundable,
and are separate from the annual license fee, inspection fees and Local Business Tax
Receipt.14
 Hillsborough County requires any person engaged in the business of operating vehicles for-hire
in the County to obtain a “public vehicle driver’s license” (PVDL) from the Hillsborough County
Tax Collector, in addition to a valid certificate for the operator and a valid permit for the vehicle
after passing a safety and mechanical inspection. Vehicles 10 years of age or older must have
additional inspections.15 A PVDL initial application and renewal fee is $65 and requires
fingerprinting.
 The City of Orlando’s police department has a vehicle for-hire unit that requires applicants to
show proof of payment of the business tax, to pass a vehicle inspection, to pass a national
background check, and to obtain a vehicle permit and a driver permit. The application fee for the
Vehicle For-hire permit is $250 and each permit is $200.16

Some cities and counties have made the decision to end their practice of specifically licensing vehicles
for-hire.

10 S. 125.01(1)(n), F.S.; an incorporated area of the county means that the area is not located within the boundaries of an incorporated

municipality.
11 S. 166.021(3), F.S.
12 S. 166.221, F.S; see also s. 205.042, F.S. (municipalities may levy, by appropriate resolution or ordinance, business tax for the

privilege of engaging in or managing any business, profession, or occupation within its jurisdiction).
13 Examples of other cities with vehicle for-hire requirements include: the City of Fort Lauderdale. See Vehicle For Hire, City of Fort

Lauderdalehttps://www.fortlauderdale.gov/government/departments-i-z/transportation-and-mobility/vehicle-for-hire (last visited Jan. 12,
2024).
14 Miami-Dade County, Transportation and Public Work, For-Hire Transportation,

https://www.miamidade.gov/global/service.page?Mduid_service=ser1498077559199786 (last visited Jan. 12, 2024)
15 Hillsborough County Tax Collectors Office, https://www.hillstax.org/other-services/vehicle-for-hire/ordinance-information/ (Last visited

Jan. 12, 2024).
16 Vehicle for Hire Permit Application, City of Orlando Police Department, https://www.orlando.gov/Public-Safety/OPD/Start-a-

Transportation-Company (last visited Jan. 12, 2024).
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 For example, Sarasota, Naples and Collier County made the decision in 2015 to stop licensing
vehicles for-hire. “The decision will deregulate the industry once the county's ordinance is
officially taken off the books in the coming weeks. Taxi companies will no longer have to buy
commercial insurance and their drivers won't have to pass criminal background checks. Collier
County will no longer issue licenses to taxi or limo companies. Essentially, anyone with a
driver's license will be able to operate a car-for-hire in Collier County.”17

Special Districts

A special district is a unit of local government created for a special purpose, as opposed to a general
purpose, which has jurisdiction to operate within a limited geographic boundary and is created by
 general law;
 special act;
 local ordinance; or
 rule of the Governor and Cabinet.18

A “dependent special district” is a special district meeting at least one of the following criteria:
 The membership of the district’s governing body is identical to the governing body of a single
county or municipality;
 All members of the district’s governing body are appointed by the governing body of a single
county or municipality;
 Members of the district’s governing body are removable at will by the governing body of a single
county or municipality; or
 The district’s budget is subject to approval by the governing body of a single county or
municipality.19

An “independent special district” is any district that is not a dependent special district or one that
includes more than one county unless the district lies wholly within a single municipality. 20 Special
districts do not possess “home rule” powers. The county or municipality who created the special district
defines the powers of a special district.21

Special districts vary on their ability to issue licenses or permits to operate a vehicle for hire. Due to the
fact that the county or municipality which created the special district defines its powers.

Preemption22

Generally, local governments are preempted from issuing occupational licenses that are not specifically
authorized in general law. Local governments include counties, municipalities, and special districts.

In 2021, the Governor signed HB 735, Preemption of Local Occupational Licensing, which preempts
occupational licensing to the state unless the local government has specific authority to license and
regulate set out in general law. In 2023, the Governor signed HB 1383 which extended the expiration
date for local licensing without general law authority to July 1, 2024. Because counties have specific
authority in general law to license and regulate vehicles for-hire, HB 735 does not appear to affect a
counties’ ability to license vehicles for-hire. However, this preemption may prevent municipalities from

17 Naples Daily News, Greg Stanley, Collier tosses out regulations for cab s and ride-sharing, helping Ub er and similar b usinesses,

https://archive.naplesnews.com/business/local/collier-tosses-out-regulations-for-cabs-and-ride-sharing-helping-uber-and-similar-
businesses-2319126-337701871.html/ (last visited Jan. 12, 2024).
18 S. 189.012(6), F.S.
19 Section 189.012(2), F.S.
20 Section 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by

general law. See, e.g. s. 190.005, F.S. (community development districts may be created by a county, municipality, or the Florida Land
and Water Adjudicatory Commission, depending on the size and location of the district).
21 “Administrative agencies, such as the airport authority, are creatures of statute and derive only the power specified therein .” Fla. Att'y

Gen. Op. 2012-24 (2012).
22 S.163.211, F.S.

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DATE: 1/12/2024
licensing and regulating vehicles for-hire after July 1, 2024, because they do not have specific authority
to regulate.23

Public Use Airports

A “public-use airport” means any publicly owned airport which is used or to be used for public
purposes.24 An airport is classified as a commercial service airport when the Secretary of U.S.
Transportation determines that it has more than 10,000 passenger boardings each year.25

In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.26 The owner or lessee of a proposed public airport27 must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility. 28 DOT is
also responsible for licensing public airport facilities prior to the operation of aircraft to or from the
facility and must inspect such facilities prior to licensing or renewal.29 Current law authorizes local
governments to establish and operate airports.30 Neither state law nor federal law establish
requirements for airport governance or ownership. As such, Florida airports operate under either a
government department model (where the airport operates as a department of the local government) or
an airport authority model (where the airport authority is created as either an independent or a
dependent special district). Because airports are generally governed and subsumed as part of local
governments, state law provides for very little oversight and accountability.

With respect to county owned or operated airports, the board of county commissioners has the right,
power, and authority to enter into contracts with one or more motor carriers for the transportation of
passengers for-hire between airports and points within such county. 31 These contracts define the period
of authorization to transport passengers.32 The county is required to use the competitive bidding
process 33 to grant an exclusive right to use certain parking areas at the county owned airport for motor
carriers for the transportation of passengers such as a taxicab and limousine stand. 34 A county-owned
airport, which is located within the jurisdictional boundaries of a municipality, is under the county’s
exclusive authority and the municipality does not have authority over such airport. 35

Some airport authorities require vehicles for-hire to obtain a permit to operate from the local
government and the airport. For example, Orlando International Airport requires vehicles for hire to
have:36
 a valid, current driver’s license issued by the City of Orlando,
 a vehicle permit (V-Permit) decal issued by the Orlando International Airport displayed on the
vehicle at all times, and
 a vehicle for hire permit decal issued by the City of Orlando displayed on the vehicle at all times.

23 See s. 163.211, F.S.; This may be preempted on July 1, 2024.
24 S. 332.004(14), F.S.
25 49 U.S.C.A. § 47102 (2018); see also, s. 332.0075 (1)(a), F.S.
26
S. 332.001, F.S.
27 S. 330.27(6), F.S. For purposes of DOT approval and licensure, the term “public airport” means a publicly or privately-owned airport

for public use.
28 S. 330.30(1), F.S.
29 S. 330.30(2), F.S.
30
See ch.332, F.S.
31 This does not apply to counties who own or operate an airport which is located on land that is separated from the mainland of the

state by a body of water or the county has a population between 150,000 and 200,000. S. 331.15(2), F.S.
32 S. 331.15(2), F.S.
33 “Competitive bidding is a process of issuing a public bid with the intent that companies will put together their best proposa l and

compete for a specific project.” “Competitive Bidding: What Is Competitive Bidding?, FindRFP Inc. https://www.findrfp.com/Government-
Contracting/competitive-bidding.aspx (last visited Jan. 12, 2024); A county is required to use a competitive bidding procedure to lease
county-owned property. See 1988 Op. Att'y Gen. Fla. 110 (1988).
34 Randall Indus., Inc. v. Lee Cnty., 307 So. 2d 499, 501 (Fla. 2d DCA 1975).
35 Fla. Att'y Gen. Op. 2009-46 (2009); s. 125.015, F.S.; see also City of Dania v. Hertz Corp., 518 So. 2d 1387, 1388 (Fla. 4th DCA

1988).
36 Greater Orlando Aviation Authority, Vehicle-For-Hire (VFH): V-Permit Holders and Drivers Handbook p. 5, Orlando International

Airport, https://orlandoairports.net/site/uploads/VFH-Handbook.pdf (last visited March 1, 2023).
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The Fort Lauderdale-Hollywood International Airport requires persons that operate a vehicle for hire to
first register with and obtain a permit from the Environmental and Consumer Protection Division of
Broward County. Then, persons with a permit to operate a vehicle for hire must apply for a decal permit
from the Broward County Aviation Department.37 The Jacksonville International Airport has a similar
arrangement.38

On the other hand, some airport authorities issue a separate permit for vehicles for-hire for transporting
passengers at the airport. For example, the Orlando Sanford International Airport requires a vehicle for
hire to obtain a ground transportation prearranged permit which is issued by the airport. 39This includes
a ground transportation agreement which excludes taxicabs. 40

The following are public-use airports:41
 Apalachicola Regional-Cleve
 Airglades Airport;  Albert Whitted Airport;
Randolph Field;
 Arcadia Municipal Airport;  Arthur Dunn Air Park;  Avon Park Executive Airport;
 Belle Glade State Municipal
 Bartow Executive Airport;  Bob Sikes Airport;
Airport;
 Brooksville - Tampa Bay
 Boca Raton Airport;  Buchan Airport;
Regional Airport;
 Calhoun County Airport;  Carrabelle - Thompson Airport;  Cecil Airport;
 Crystal River - Captain Tom
 Clearw ater Air Park;  Cross City Airport;
Davis Field;
 Dade-Collier Training and  Daytona Beach International
 Defuniak Springs Airport;
Transition Airport; Airport;
 DeLand Municipal - Sidney H.  Destin - Fort Walton Beach
 Destin Executive Airport;
Taylor Field; Airport / Eglin Air Force Base;
 Dow ntown Fort Lauderdale
 Everglades Airpark;  Orlando Executive Airport;
Heliport;
 Fernandina Beach Municipal  Fort Lauderdale Executive
 Flagler Executive Airport;
Airport; Airport;
 Fort Lauderdale/Hollyw ood
 Gainesville Regional Airport;  George T. Lew is Airport;
International Airport;
 Herlong Recreational Airport;  Hilliard Airpark;  Immokalee Regional Airport;
 Jacksonville Executive at Craig  Jacksonville International
 Inverness Airport;
Airport; Airport;
 Key West International Airport;  Keystone Heights Airport;  Kissimmee Gatew ay Airport;
 La Belle Municipal Airport;  Lake City Gatew ay Airport;  Lake Wales Municipal Airport;
 Lakeland Linder International  Marco Island Executive
 Leesburg International Airport;
Airport; Airport;
 Melbourne Orlando
 Marianna Municipal Airport;  Marion County Airport;
International Airport;
 Miami Homestead General
 Merritt Island Airport;  Miami Executive Airport;
Aviation Airport;
 Miami-Opa Locka Executive
 Miami International Airport;  Naples Municipal Airport;
Airport;
 New Smyrna Beach Municipal  North Palm Beach County
 North Perry Airport;
Airport; General Aviation Airport;
 Northeast Florida Regional  Northw est Florida Beaches  Ocala International-Jim Taylor
Airport; International Airport; Field;
 Orlando Sanford International
 Okeechobee County Airport;  Orlando International Airport;
Airport;
 Ormond Beach Municipal  Palatka Municipal-Lt Kay
 Page Field;
Airport; Larkin Field;
 Palm Beach County Glades  Palm Beach County Park  Palm Beach International
Airport; Airport; Airport;
 Pensacola International Airport;  Perry-Foley Airport;  Peter O Knight Airport;
 Peter Prince Field;  Pierson Municipal Airport;  Plant City Airport;
 Pompano Beach Airpark;  Punta Gorda Airport;  Quincy Municipal Airport;
 Sarasota/Bradenton  Sebastian Municipal Airport;  Sebring Regional Airport;

37 Operational Guidelines for Ground Transportation at Fort Lauderdale -Hollywood International Airport, p. 5, Broward County Board of

County Commissioners (Aug. 17, 2021),
https://www.broward.org/Airport/Business/about/Documents/Operationalguidelinesforgroundtransportationservices01.pdf (last vis ited
March 2, 2023).
38 First a person must obtain a vehicle for hire permit issued from the City of Jacksonville. Then, the person must obtain an annual

permit from the Jacksonville Aviation Authority. Commercial Ground Transportation Policy p. 7, Jacksonville International Airport,
Jacksonville Aviation Authority, (Jan. 28, 2013), https://flyjacksonville.com/PDFs/AppndxG.pdf (last visited March 2, 2023).
39 The fees to obtain a permit to operate vehicle for hire depend on the weight and length of the vehicle.
40 2023 Ground Transportation Pre-Arranged Permit, Orlando Sanford International Airport, https://web1.osaa.net/GTX/docs/GT-Permit-

2023-for-Website.pdf (last visited March 1, 2023).
41 E-mail from Lisa Waters, President/CEO, Florida Airports Council, RE: HB 807 (April 14, 2023).
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International Airport;
 Southw est Florida International
 Space Coast Regional Airport;  St Cloud Seaplane Base;
Airport;
 St Pete-Clearw ater  Tallahassee International
 Suw annee County Airport;
International Airport; Airport;
 Tampa Executive Airport;  Tampa International Airport;  Tavares Seaplane Base;
 The Florida Keys Marathon  Treasure Coast International
 Tri-County Airport;
International Airport; Airport;
 Umatilla Municipal Airport;  Valkaria Airport;  Venice Municipal Airport;
 Vero Beach Regional Airport;  Wakulla County Airport;  Wauchula Municipal Airport;
 Williston Municipal Airport;  Winter Haven Regional Airport;  Witham Field; and
 Zephyrhills Municipal Airport

License or Permit to Operate a Vehicle for-Hire- Effect of Bill

Counties and Municipalities

The bill provides an exception from certain local licensing requirements to a person who holds a valid,
active license or permit issued by a county or municipality to operate a vehicle for-hire. Such person
may operate a vehicle-for hire without being subject to additional licensing or permitting requirements
and without paying additional fees if the person:
 Holds a valid, active license or permit to operate a vehicle for hire in the county or municipality in
which the person is domiciled42.
 Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.

A county may still license and regulate taxis, jitneys, limousines, rental cars, and other passenger
vehicles for-hire that operate in the unincorporated areas of the county. However, if the person is
already licensed or permitted by the area43 where they live and have a license or permit in good
standing, the county will not be able to enforce additional licensing or permitting requirements or
impose additional fees upon that person.

As for municipalities, if a person is licensed or permitted by the area where they live and has a license
or permit in good standing, the municipality will not be able to enforce additional licensing or permitting
requirements or impose additional fees upon that person.

A person who is an unlicensed or does not fall within the exception may be able to obtain a license or
permit to operate a vehicle for hire in another county or municipality despite where he or she currently
lives.

Thus, the bill allows persons who possess a license or permit in one jurisdiction to operate a vehicle
for-hire in other jurisdictions without being subject to obtaining another license or permit.

The bill states that this section does not grant specific authority to counties, municipalities, or special
districts to regulate or license vehicles.

Furthermore, the bill provides that the reciprocity under certain circumstances does not apply to a
person who holds a valid, active license or permit to operate a vehicle when such person provides
transportation of persons:
o While on stretchers or wheelchairs, or
o Whose handicap, illness, other incapacitation makes it impractical to be transported by a regular
common carrier such as a bus, taxi, non-taxi, limousine, or other vehicle-for-hire.

This will likely allow counties or municipalities to maintain or implement required certifications or
licenses for a company to operate a medical transportation service for hire.

Public Use Airports
42 Domicile means someone’s permanent residence or principal home. Domicile Definition and Meaning, Merriam-Webster,

https://www.merriam-webster.com/dictionary/domicile (last visited Jan. 12, 2024).
43 Municipality or county.

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The bill provides that the ability for a person to operate to a vehicle for hire to obtain reciprocity under
certain circumstances does not apply to an airport that licenses or certifies persons who operate a
vehicle for hire. For purposes of this section, the term "airport" includes an airport, airport authority,
aviation authority, or other entity that operates a public-use airport as defined in s. 332.004(14) 44,
including counties, municipalities or special districts that operate airports defined in this subsection.

Overall, this will allow an airport to license or permit persons who operate a vehicle for hire and charge
a licensing fee.

B. SECTION DIRECTORY:
Section 1. Creating s. 320.0603, F.S., relating to a license or permit to operate vehicle for hire.

Section 2. 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:
The bill may potentially impact the revenues of municipalities who raise revenue from the licenses
that they issue if such fees are not in proportion to the regulatory activity. However, municipalities
are required to only impose regulatory fees that are proportionate to the cost of regulation in
accordance with section 166.221, F.S. Since municipalities will no longer be issuing as many
licenses or inspecting as many vehicles for hire, this loss of revenue should be offset by a decrease
in expenditures.

As for counties, the negative impact on revenues is indeterminate.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There may be a positive economic impact on the vehicles for-hire industry. There would be a positive
economic impact for persons who:
 hold a valid, active license or permit to operate a for hire vehicle in the municipality or county
where they live and
 maintain their license or permit to operate in good standing for the preceding 5 years.

Such persons will not be subject to additional licensing or permitting requirements or fees in other
municipalities or counties.

44 A “public-use airport” means any publicly owned airport which is used or to be used for public purposes. S. 332.004(14), F.S.

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D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:

C. DRAFTING ISSUES OR OTHER COMMENTS:

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/12/2024
HB 535
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 535 2024

1 A bill to be entitled
2 An act relating to low-voltage alarm system projects;
3 amending s. 553.793, F.S.; specifying that a
4 nonelectric fence or wall must enclose the outside
5 perimeter of a low-voltage electric fence; permitting
6 low-voltage electric fences to be installed in areas
7 within more than one zoning category; prohibiting a
8 municipality, county, district, or other entity of
9 local government from adopting or maintaining certain
10 ordinances or rules that provide additional
11 requirements for low-voltage alarm system projects;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (b) and (d) of subsection (3) and
17 subsection (10) of section 553.793, Florida Statutes, are
18 amended to read:
19 553.793 Streamlined low-voltage alarm system installation
20 permitting.—
21 (3) A low-voltage electric fence must meet all of the
22 following requirements to be permitted as a low-voltage alarm
23 system project, and no further permit shall be required for the
24 low-voltage alarm system project other than as provided in this
25 section:

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0535-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 535 2024

26 (b) A nonelectric fence or wall must completely enclose
27 the outside perimeter of the low-voltage electric fence. The
28 low-voltage electric fence may be up to 2 feet higher than the
29 perimeter nonelectric fence or wall.
30 (d) A The low-voltage electric fence is allowed shall not
31 be installed in any an area unless the area is zoned exclusively
32 for single-family or multifamily residential use. An area is not
33 considered to be zoned exclusively for single-family or
34 multifamily residential use if the area is within more than one
35 zoning category.
36 (10) A municipality, county, district, or other entity of
37 local government may not adopt or maintain in effect any
38 ordinance or rule regarding a low-voltage alarm system project
39 that provides additional requirements beyond those set out in
40 this section for the installation or maintenance of a low-
41 voltage alarm system project or that is otherwise is
42 inconsistent with this section.
43 Section 2. This act shall take effect July 1, 2024.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0535-00
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 535 Low-voltage Alarm System Projects
SPONSOR(S): Snyder
TIED BILLS: IDEN./SIM. BILLS: SB 496

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Local Administration, Federal Affairs & Special
Districts Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
A “low-voltage electric fence” is an alarm system that consists of a fence structure and an energizer powered
by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with
the fence structure. Florida law sets out a streamlined process for permitting low-voltage electric fence
projects.

If a low-voltage electric fence meets certain requirements, it may be permitted as a low-voltage alarm system
project, and no other permit may be required. Requirements include:
 The low-voltage electric fence will be completely enclosed by a nonelectric fence or wall. Current law is
unclear if the fence must be enclosed on both sides or enclosed only on the outside perimeter.
 The low-voltage electric fence will not be installed in an area zoned exclusively for single-family or
multifamily residential use.

A municipality, county, district, or other entity of local government may not adopt or maintain in effect any
ordinance or rule regarding a low-voltage alarm system project that is inconsistent Florida Statutes.

Recently, two Florida trial courts differed on when an ordinance or rule relating to a low-voltage alarm system
project is preempted and inconsistent with Florida law.

The bill clarifies that a nonelectric fence or wall must only be completely enclosed on the outside perimeter of
the low-voltage electric fence, but does not have to be completely enclosed on both sides.

The bill provides that a local government must allow low-voltage electric fences in areas not exclusively zoned
for single- or multi-family residential use, and therefore may not prohibit such fences in areas zoned in multiple
zoning categories.

The bill clarifies that any ordinance or rule with additional requirements beyond those set out in, or that is
otherwise inconsistent, with Florida Statutes related to the installation or maintenance of a low-voltage alarm
system project, may not be adopted by a municipality, county, district, or other entity of local government.

The bill has no 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: h0535.RRS
DATE: 1/14/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The Florida Building Code

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

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

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

The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council,5 the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years. 6

Building Permits

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.9 Any construction work that requires a building permit also requires

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 Jan, 11, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan, 11, 2024).
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 Jan, 11, 2024).
6 S. 553.73(7)(a), F.S.
7 S. 553.72, F.S.
8 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9 S. 468.603(2), F.S; § 202, FBC, Building, 7th Ed., (2020).
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DATE: 1/14/2024
plan reviews and inspections by the building official, inspector, or plans examiner to ensure the work
complies with the Building Code.10

It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.11 A building permit is not valid until
the fees for the permit have been paid.12

To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website.13 An application for a
permit must include building plans.14 A local enforcing agency may not issue a permit until the building
official or plans reviewer has reviewed the building plans and determined that they comply with the
Building Code.15

Streamlined Permitting for Low-voltage Electric Fences

Section 553.793, F.S., sets out a streamlined process for permitting low-voltage alarm system projects,
which includes low-voltage electric fence projects.

A “low-voltage alarm system project” means a project for the installation, maintenance, inspection,
replacement, or service of the following new or existing alarm systems, or any ancillary components
thereof, by a licensed electrical or alarm systems contractor:16
 Hardwired and low-voltage17 video cameras and closed-circuit television systems used to signal
or detect a burglary, fire, robbery, or medical emergency; and
 Low-voltage electric fences.

A “low-voltage electric fence” is an alarm system that consists of a fence structure and an energizer
powered by a commercial storage battery not exceeding 12 volts which produces an electric charge
upon contact with the fence structure.18

If a low-voltage electric fence meets all of the following requirements, it may be permitted as a low-
voltage alarm system project, and no other permit may be required:19
 The electric charge produced by the fence upon contact does not exceed the international
standard for energizer characteristics.20
 The low-voltage electric fence will be completely enclosed by a nonelectric fence or wall. The
low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or
wall.
o Current law is unclear if the fence must be enclosed on both sides or enclosed only on
the outside perimeter.
 The low-voltage electric fence is identified using warning signs attached to the fence at intervals
of not more than 60 feet.
 The low-voltage electric fence will not be installed in an area zoned exclusively for single-
family or multifamily residential use.
 The low-voltage electric fence will not enclose residential portions of a property.

10 §§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020).
11 See ss. 125.56(4)(a) and 553.79(1), F.S.
12 § 109.1, FBC, Building, 7th Ed., (2020).
13 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
14 Ss. 468.603(8), and 553.79(2), F.S.
15 S. 553.79(2), F.S.
16 S. 553.793(1)(b), F.S.
17 As defined in Standard 70, NEC. S. 553.793(1)(b), F.S.
18 S. 553.793(1)(c), F.S.
19 S. 553.793(3), F.S.
20 § 22.108, Figure 102, IEC 60335-2-76.
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DATE: 1/14/2024
The streamlined permitting process is as follows:
 First, instead of requiring individualized permits, the local enforcement agency must make
uniform basic permit labels available for purchase in bulk by an electrical or alarm systems
contractor to be used for the installation or replacement of a new or existing alarm system at a
cost of not more than $40 per label per project per unit. 21
o The local enforcement agency may not require a contractor, as a condition of purchasing
a label, to submit any information other than identification information and proof of
license.22
 Second, before commencing a project, the contractor must post an unused uniform basic permit
label in a conspicuous place on the premises of the low-voltage alarm system project site.23
o The contractor is not required to notify the local enforcement agency before
commencing work.
 Third, within 14 days after completing the project, the contractor must submit a notice of
completing the project24 to the local enforcement agency.25
 Fourth, to inspect the project for compliance with applicable codes and standards, a local
enforcement agency may coordinate directly with the owner or customer to inspect the project.
o If the project fails the inspection, the contractor must take corrective action as necessary
to pass inspection.26

A municipality, county, district, or other entity of local government may not adopt or maintain in effect
any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with s. 553.793,
F.S.27

Recent Litigation

Recently, two Florida trial courts differed on whether an ordinance or rule relating to a low-voltage
alarm system project is preempted and inconsistent with Florida law as set forth in s. 553.793, F.S.

Hillsborough County

In a case filed in Hillsborough County,28 the trial court held that the county ordinance for low-voltage
electric fences was inconsistent with and preempted by state law “to the extent that it prohibits or
imposes additional requirements for low-voltage electric fences in areas of Hillsborough County other
than those areas zoned exclusively for single-family or multiple-family residential use, where these
fences satisfy the requirements of s. 553.793, F.S.” The ordinance imposed restrictions on such fences
in mixed-use areas.29

City of Orlando

In a case addressing a requirement in the City of Orlando’s zoning code which prohibited the
installation of electric fences in a certain heritage zoning district,30 the trial court disagreed with the
finding in the Hillsborough County case. The court held that the “standard is not whether the city’s code
imposes additional requirements, but whether those requirements conflict with [s. 553.793, F.S.]. That
is, whether the code and the statute cannot coexist, or if the Plaintiff must violate one to comply with the
other.”31

21 S. 553.793(5), F.S.
22 S. 553.793(5)(b),F.S.
23 S. 553.793(6), F.S.
24 The form requirements are outlined in s. 553.793(8), F.S.
25 S. 553.793(7), F.S.
26 S. 553-793(9), F.S.
27 S. 553.793(10), F.S.
28 See Electric Guard Dog, LLC v. Hillsborough Co., Fla., (Case No. 17-CA-010362, Fla.13th Jud. Cir. 2019), at pp. 1-2.
29 Id. at 2.
30 See Amarok Security, LLC v. City of Orlando, Fla., (Case No. 2022-CA-011454-0, Div. 35, Fla. 9th Jud. Cir. 2023).
31 Id. at p. 8.
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DATE: 1/14/2024
The court also held that “as long as the ordinance is not inconsistent with [that section], a municipality is
not prevented from enacting regulations regarding electric fences.” 32

The court also found that the city’s ordinance was not preempted by s. 553.793, F.S, as the ordinance
at issue:
Does not require an additional permit for an electric fence--it only regulates
where the electric fences can be installed. It is within Orlando’s police powers to
maintain its communities, and the city has a legitimate interest in maintaining the
appearance of the [heritage zoning] district with importance to the community. 33

Accordingly, the City of Orlando’s regulation prohibiting low-voltage electric fences in certain locations
did not constitute an additional requirement for installing such fences, and the court found in favor of
the City of Orlando.34

Effect of the Bill

The bill clarifies that a nonelectric fence or wall must only completely be enclosed on the outside
perimeter of the low-voltage electric fence, but does not have to be completely enclosed on both sides.

The bill provides that a local government must allow low-voltage electric fences in areas not exclusively
zoned for single- or multi-family residential use, and therefore may not prohibit such fences in areas
zoned in multiple zoning categories.

The bill provides any ordinance or rule with additional requirements beyond those set out in, or that is
otherwise inconsistent, with s. 553.793, F.S., for the installation or maintenance of a low-voltage alarm
system project may not be adopted by a municipality, county, district, or other entity of local
government.

B. SECTION DIRECTORY:
Section 1: Amends s. 553.793, F.S.; providing requirements for low-voltage electric fence
permits.
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.

32 Id. at p. 9.
33 Id.
34 Id.
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DATE: 1/14/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0535.RRS PAGE: 6
DATE: 1/14/2024
HB 577
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 577 2024

1 A bill to be entitled
2 An act relating to spaceport territory; amending s.
3 331.304, F.S.; revising spaceport territory to include
4 certain property; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsections (6) and (7) are added to section
9 331.304, Florida Statutes, to read:
10 331.304 Spaceport territory.—The following property shall
11 constitute spaceport territory:
12 (6) Certain real property located in Miami-Dade County
13 which was formerly included within the boundaries of Homestead
14 Air Force Base and is included within the boundaries of
15 Homestead Air Reserve Base or deeded to Miami-Dade County or the
16 City of Homestead.
17 (7) Certain real property located in Bay County which is
18 included within the boundaries of Tyndall Air Force Base.
19 Section 2. This act shall take effect July 1, 2024.

Page 1 of 1

CODING: Words stricken are deletions; words underlined are additions.
hb0577-00
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 577 Spaceport Territory
SPONSOR(S): Griffitts and others
TIED BILLS: IDEN./SIM. BILLS: SB 968

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
Space Florida is an independent special district, a body politic and corporate, and a subdivision of the state,
and is the point of contact for state aerospace-related activities with federal agencies, the military, state
agencies, businesses, and the private sector. Space Florida is authorized to purchase or construct facilities,
set rates, fees, and charges for the use of facilities, and undertake joint financing with municipalities or private
sector entities for any project. Space Florida’s ability to develop spaceport infrastructure is statutorily limited to
geographic areas called spaceport territories.

The following properties constitute “spaceport territory:”
 Certain real property located in Brevard County that is included within the 1998 boundaries of Patrick
Space Force Base, formerly Patrick Air Force Base; Cape Canaveral Space Force Station, formerly
Cape Canaveral Air Force Station; or John F. Kennedy Space Center. The territory consisting of areas
within the John F. Kennedy Space Center and the Cape Canaveral Space Force Station may be
referred to as the “Cape Canaveral Spaceport.”
 Certain real property located in Santa Rosa, Okaloosa, Gulf, and Walton Counties which is included
within the 1997 boundaries of Eglin Air Force Base.
 Certain real property located in Duval County which is included within the boundaries of Cecil Airport
and Cecil Commerce Center.
 Real property within the state which is a spaceport licensed by the Federal Aviation Administration, as
designated by the board of directors of Space Florida.
 Certain real property located in Brevard County which is included within the boundaries of Space Coast
Regional Airport, Space Coast Regional Airport Industrial Park, and Spaceport Commerce Park.

Currently, Homestead Air Reserve Base and Tyndal Air Force Base are not designated in Florida Statute as
“spaceport territory.”

The bill designates certain real property located in the following areas, as spaceport territory:
 Miami-Dade County which was formerly included within the boundaries of Homestead Air Force Base
and is included within the boundaries of Homestead Air Reserve Base or deeded to Miami-Dade
County or the City of Homestead.
 Bay County which is included within the boundaries of Tyndall Air Force Base.

The bill does not appear to have a negative fiscal impact on state or local government, or the private sector.

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: h0577.RRS
DATE: 1/12/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Commercial Space Industry

The commercial space transportation industry emerged in the 1990s and was primarily used to launch
commercial satellites and transport cargo to the International Space Station (ISS). In just the last few
years, growing interest in commercial space is realizing new possibilities for the industry including
providing transportation to the ISS laboratories for research and space tourism. This rapidly growing
industry is inspiring scientists, engineers, teachers, and a whole generation, to imagine entirely new
possibilities for the future of space.1

The Office of Commercial Space Transportation within the Federal Aviation Administration (FAA) is the
federal agency responsible for regulating and facilitating the safe operations of the U.S. commercial
space transportation industry.2 The Commercial Space Launch Act of 1984, authorizes the FAA to
establish licensing and regulatory requirements for launch vehicles, launch sites, and reusable
suborbital rockets.3 The FAA's launch regulations and licensing procedures apply to all commercial
launches taking place within U.S. territory, and for launches being conducted abroad by U.S.
companies. In general, the FAA does not license launch sites owned or operated by agencies of the
U.S. government.4

Spaceports in Florida

Currently, Florida has two federally licensed spaceports and four FAA licensed spaceports. The
spaceports, licensure, and launch type include:5
 Cape Canaveral Space Force Station, Federal, Vertical and Horizontal.
 Kennedy Space Center (NASA), Federal, Vertical and Horizontal.
 Space Florida Launch Complex 46, FAA, Vertical.
 Space Florida Launch and Landing Facility, FAA, Horizontal and Orbital Reentry.
 Cecil Air and Space Port, FAA, Horizontal.
 Space Coast Regional Airport, FAA, Horizontal.

Spaceport Territory

Currently, the following properties constitute spaceport territory:6
 Certain real property located in Brevard County that is included within the 1998 boundaries of
Patrick Space Force Base, formerly Patrick Air Force Base; Cape Canaveral Space Force
Station, formerly Cape Canaveral Air Force Station; or John F. Kennedy Space Center. The
territory consisting of areas within the John F. Kennedy Space Center and the Cape Canaveral
Space Force Station may be referred to as the “Cape Canaveral Spaceport.”
 Certain real property located in Santa Rosa, Okaloosa, Gulf, and Walton Counties which is
included within the 1997 boundaries of Eglin Air Force Base.
 Certain real property located in Duval County which is included within the boundaries of Cecil
Airport and Cecil Commerce Center.

1 U.S. Department of Transportation, Federal Aviation Administration,

https://www.faa.gov/space#:~:text=The%20commercial%20space%20transportation%20industry,International%20Space%20Station
%20(ISS) (last visited Jan. 10, 2024).
2
14 C.F.R. s. 401.1-401.3.
3
51 U.S.C. Ch. 509, §§ 50901-23.
4
The FAA also exempts certain classes of small rockets from licensure. See 14 C.F.R. § 400.2.
5 Federal Aviation Administration, Spaceports by State, https://www.faa.gov/space/spaceports_by_state (last visited Jan. 10, 2024).
6 S. 331.304, F.S.
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DATE: 1/12/2024
 Real property within the state which is a spaceport licensed by the Federal Aviation
Administration, as designated by the board of directors of Space Florida.
 Certain real property located in Brevard County which is included within the boundaries of
Space Coast Regional Airport, Space Coast Regional Airport Industrial Park, and Spaceport
Commerce Park.

Space Florida

Space Florida is established as an independent special district, a body politic and corporate, and a
subdivision of the state, to foster the growth and development of a sustainable and world-leading
aerospace industry in the state. Space Florida has all the powers, rights, privileges, and authority as
provided under the laws of this state.7

Space Florida acts as Florida’s point of contact for state aerospace-related activities with federal
agencies, the military, state agencies, businesses, and the private sector. 8 Space Florida is authorized
to purchase or construct facilities, set rates, fees, and charges for the use of facilities, and undertake
joint financing with municipalities or private sector entities for any project. 9 Space Florida’s ability to
develop spaceport infrastructure is statutorily limited to geographic areas called spaceport territories.

Space Florida is authorized the following powers regarding spaceport territory:
 Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve
transportation facilities appropriate to meet the transportation requirements of Space Florida
and activities conducted within spaceport territory.10
 Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve electric
power plants, transmission lines and related facilities, gas mains and facilities of any nature for
the production or distribution of natural gas, transmission lines and related facilities and plants
and facilities for the generation and transmission of power through traditional and new and
experimental sources of power and energy; purchase electric power, natural gas, and other
sources of power for distribution within any spaceport territory.11
 Designate, set aside, and maintain lands and areas within or without the territorial limits of any
spaceport territory as conservation areas or bird and wildlife sanctuaries. 12
 Establish a program for the control, abatement, and elimination of mosquitoes and other
noxious insects, rodents, reptiles, and other pests throughout the spaceport territory. 13
 Own, acquire, construct, reconstruct, equip, maintain, operate, extend, and improve public
safety facilities for the spaceport, including security stations, security vehicles, fire stations,
water mains and plugs, and fire trucks and other vehicles and equipment; hire employees,
security officers, and firefighters; and undertake such works and construct such facilities
determined by the board to be necessary or desirable to promote and ensure public safety
within the spaceport territory.14
 Own, acquire, construct, develop, create, maintain, equip, extend, improve, reconstruct, and
operate its projects within the geographical limits of the spaceport territory. This includes any
portions of the spaceport territory located inside the boundaries of any incorporated municipality
or other political subdivision.15
 Within the territorial limits of any spaceport territory, acquire, through purchase or interagency
agreement, or as otherwise provided in law, construct, control, and maintain, roads, connections

7 S. 331.302, F.S.
8 S. 331.3011, F.S.
9 S. 331.305, F.S.
10 S. 331.305(12), F.S.
11 S. 331.305(13), F.S.
12 S. 331.305(14), F.S.
13 S. 331.305(15), F.S.
14 S. 331.305(17), F.S.
15 S. 331.312, F.S.
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DATE: 1/12/2024
and extensions that it deems necessary in accordance with established highway safety
standards.16

Space Florida is required to regularly solicit input on Space Florida plans and activities from the
aerospace industry, private sector spaceport territory stakeholders, each entity that owns or has
ownership interest in a facility within spaceport territory, and other political subdivisions within
spaceport territory.17

The Space Florida board of directors is authorized to take the following actions regarding
comprehensive planning within spaceport territory:18
 Adopt, and from time to time review, amend, supplement, or repeal, a comprehensive general
plan for the physical development of the area within the spaceport territory in accordance with
the Space Florida Act, and consistent with the applicable county or municipal comprehensive
plans.
 Prohibit within the spaceport territory the construction, alteration, repair, removal, or demolition,
or the commencement of the construction, alteration, repair (except emergency repairs),
removal, or demolition, of any building or structure, including, but not by way of limitation, public
utility poles, lines, pipes, and facilities, without first obtaining a permit from the board or such
other officer or agency as the board may designate, and prescribe the procedure with respect to
the obtaining of such permit.
 Divide spaceport territory into zones or districts of such number, shape, and area as the board
may deem best suited to carry out the purposes of the Space Florida Act, and make certain
regulations and restrictions.19

The Space Florida board of directors is authorized to enter into contracts and agreements with
municipalities located within a spaceport territory to help ensure effective cooperation and coordination
in:20
 Discharging their common functions, powers, and duties; and
 Rendering services to the respective residents and property owners.

Space Florida is authorized to apply to the Federal Government for a grant allowing the designation of
any spaceport territory as a foreign trade zone pursuant to ss. 288.36 and 288.37, F.S. However, the
designation of any spaceport territory as a foreign trade zone does not authorize an exemption from
any tax imposed by the state or by any political subdivision, agency, or instrumentality. 21

The Space Florida board of directors is authorized to strike out or correct the description of any land
within or claimed to be within the boundary lines of any spaceport territory upon the written consent of
the owners of all the land that would be included or excluded from the boundary lines of any spaceport
territory or otherwise affected by the taking of such action, and of the owners of not less than the
majority in acreage of all lands within any spaceport territory. 22

Homestead Air Reserve Base and Tyndall Air Force Base

Homestead Air Reserve Base is an Air Force Reserve base and combat unit in Homestead, Florida,
located about 25 miles south of Miami. It is home to the 482nd Fighter Wing of the Air Force Reserve
Command's Tenth Air Force, as well as the headquarters of Special Operations Command South. This
wing has 1,600 members in addition to the 1,200 reservists. This combat unit supplies General
Dynamics F-16 Fighting Falcon fighter aircraft, along with mission ready pilots and support personnel,

16 S. 331.313, F.S.
17 S. 331.3051(11), F.S.
18 S. 331.319, F.S.
19 S. 331.320, F.S.
20 S. 331.322, F.S.
21 S. 331.327, F.S.
22 S. 331.329, F.S.
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DATE: 1/12/2024
for short-notice worldwide deployment. The base is utilized as a staging area for operations and
palliation efforts in the southern hemisphere and provides assistance in many natural disasters.23

Tyndall Air Force Base is located on the Gulf Coast of Florida, 12 miles east of Panama City in Bay
County. Tyndall is home to the 325th Fighter Wing, which provides training for F-22 Raptor pilots,
maintenance personnel and battle managers for the combat faction of the Air Force. The 325th Fighter
Wing also provides training for F-22 intelligence officers, F-22 crew members and officer and enlisted
air traffic controllers. The Fighter Wing hosts over 30 tenant organizations which are located on base.
The 325th Fighter Wing is comprised of the Operations Group, Maintenance Group, Mission Support
Group and the Medical Group, and tenant groups.24

Currently, Homestead Air Reserve Base and Tyndal Air Force Base are not designated in Florida
Statute as spaceport territories.

According to representatives of the aerospace industry, expansion of Florida’s aerospace capabilities
and infrastructure is needed in order to accommodate the industry’s rapid growth.25

Effect of Proposed Changes

The bill designates certain real property in the following areas, as spaceport territory:
 Miami-Dade County which was formerly included within the boundaries of Homestead Air Force
Base and is included within the boundaries of Homestead Air Reserve Base or deeded to
Miami-Dade County or the City of Homestead.
 Bay County which is included within the boundaries of Tyndall Air Force Base.

B. SECTION DIRECTORY:
Section 1: Amends s. 331.304, F.S., relating to spaceport territory.

Section 2: Creates 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.

23 MILITARYBASES.co m, Homestead Air Reserve Base in Miami, FL, https://militarybases.com/florida/homestead/ (last visited Jan.
10, 2024).
24 MILITARYBASES.co m, Tyndall Air Force Base in Panama City, FL, https://militarybases.com/florida/tyndall/ (last visited Jan.

10, 2024).
25 Caden DeLisa, SpaceX, Blue Origin urge Florida lawmakers for aerospace sector support , The CAPITOLIST (Nov. 16, 2023),

https://thecapitolist.com/spacex-blue-origin-urge-florida-lawmakers-for-aerospace-sector-support/ (last visited Jan. 10, 2024).
STORAGE NAME: h0577.RRS PAGE: 5
DATE: 1/12/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
Including additional bases in Florida’s spaceport territory system may expand the development of the
state’s aerospace industry, and have a positive fiscal impact on individuals and businesses in the
private sector and related entities in the public sector.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The bill does not require a municipality or county to expend funds or to take any action requiring the
expenditure of funds. The bill does not reduce the authority that municipalities or counties have to
raise revenues in the aggregate. The bill does not require a reduction of the percentage of state tax
shared with municipalities or counties.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/12/2024
HB 579
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 579 2024

1 A bill to be entitled
2 An act relating to the use of private providers for
3 plans review and inspection; amending s. 553.791,
4 F.S.; defining the term "private provider firm";
5 requiring certain private provider firms to qualify as
6 a business organization; authorizing a fee owner or
7 the fee owner's contractor to file a complaint with
8 the Department of Commerce against a local
9 jurisdiction if the local jurisdiction does not reduce
10 certain permit fees; requiring a local jurisdiction to
11 immediately refund certain fees under certain
12 circumstances; authorizing the department to assess
13 certain fines against a local jurisdiction; specifying
14 the fund into which such fines must be deposited;
15 prohibiting specified local persons and entities from
16 conducting their own plans review or inspections if a
17 private provider is retained; requiring the local
18 building official to issue a permit or provide
19 specified written notice within a certain time period;
20 requiring such written notice to provide specific
21 information; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraphs (o) through (r) of subsection (1) of

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

HB 579 2024

26 section 553.791, Florida Statutes, are redesignated as
27 paragraphs (p) through (s), respectively, subsections (2), (5),
28 and (7) are amended, and a new paragraph (o) is added to
29 subsection (1) of that section, to read:
30 553.791 Alternative plans review and inspection.—
31 (1) As used in this section, the term:
32 (o) "Private provider firm" means a business organization,
33 including a corporation, partnership, business trust, or other
34 legal entity, that offers services under this chapter to the
35 public through licensees who are acting as agents, employees,
36 officers, or partners of the firm. A person who is licensed as a
37 building code administrator under part XII of chapter 468, as an
38 engineer under chapter 471, or as an architect under chapter
39 481, may act as a private provider as an agent, employee, or
40 officer of the private provider firm.
41 (2)(a) Notwithstanding any other law or local government
42 ordinance or local policy, the fee owner of a building or
43 structure, or the fee owner's contractor upon written
44 authorization from the fee owner, may choose to use a private
45 provider to provide building code inspection services with
46 regard to such building or structure and may make payment
47 directly to the private provider for the provision of such
48 services. All such services shall be the subject of a written
49 contract between the private provider, or the private provider's
50 firm, and the fee owner or the fee owner's contractor, upon

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

HB 579 2024

51 written authorization of the fee owner. A private provider firm
52 that uses licensed architects and engineers as private providers
53 acting as agents, employees, or officers of the firm must
54 qualify as a business organization under s. 471.023 or s.
55 481.219. The fee owner may elect to use a private provider to
56 provide plans review or required building inspections, or both.
57 However, if the fee owner or the fee owner's contractor uses a
58 private provider to provide plans review, the local building
59 official, in his or her discretion and pursuant to duly adopted
60 policies of the local enforcement agency, may require the fee
61 owner or the fee owner's contractor to use a private provider to
62 also provide required building inspections.
63 (b)1. If a fee an owner or the fee owner's contractor
64 retains a private provider for purposes of plans review or
65 building inspection services, the local jurisdiction mus t reduce
66 the permit fee by the amount of cost savings realized by the
67 local enforcement agency for not having to perform such
68 services. Such reduction may be calculated on a flat fee or
69 percentage basis, or any other reasonable means by which a local
70 enforcement agency assesses the cost for its plans review or
71 inspection services. If the local jurisdiction does not reduce
72 the permit fee as required under this subparagraph, a fee owner
73 or the fee owner's contractor may file a complaint with the
74 Department of Commerce against the local jurisdiction for such
75 failure. If the Department of Commerce finds that a violation

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76 occurred, the local jurisdiction must immediately refund to the
77 fee owner or the fee owner's contractor all fees paid to the
78 local jurisdiction, and the Department of Commerce shall assess
79 a fine equal to the amount charged to the fee owner or the fee
80 owner's contractor on the local jurisdiction to be deposited
81 into the Florida Homeowners Construction Recovery Fund created
82 under s. 489.140.
83 2. The local jurisdiction may not charge fees for building
84 inspections if the fee owner or contractor hires a private
85 provider to perform such services; however, the local
86 jurisdiction may charge a reasonable administrative fee, which
87 shall be based on the cost that is actually incurred, including
88 the labor cost of the personnel providing the service, by the
89 local jurisdiction or attributable to the local jurisdiction for
90 the clerical and supervisory assistance required, or both.
91 (c)1. If a fee an owner or the fee owner's a contractor
92 retains a private provider for purposes of plans review or
93 building inspection services, the local jurisdiction must
94 provide equal access to all permitting and inspection documents
95 and reports to the private provider, owner, and contractor if
96 such access is provided by software that protects exempt records
97 from disclosure.
98 2. If a fee owner or the fee owner's contractor retains a
99 private provider for purposes of plans review or building
100 inspection services, the local enforcement agency, local

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101 building official, or local jurisdiction may not conduct its own
102 plans review for the project.
103 (5) After construction has commenced and if the local
104 building official is unable to provide inspection services in a
105 timely manner, the fee owner or the fee owner's contractor may
106 elect to use a private provider to provide inspection services
107 by notifying the local building official of the owner's or
108 contractor's intention to do so by 2 p.m. local time, 2 business
109 days before the next scheduled inspection using the notice
110 provided for in paragraphs (4)(a)-(c). If the local building
111 official is notified by the fee owner or the fee owner's
112 contractor that a private provider is being used for inspection
113 services, the local building official and the local enforcement
114 agency may not send an inspector to the building or structure to
115 conduct an inspection and may not charge the owner or contractor
116 a fee for inspection services.
117 (7)(a) If the private provider is a person licensed as an
118 engineer under chapter 471 or as an architect under chapter 481
119 and affixes his or her industry seal to the affidavit required
120 under subsection (6), the local building official must issue the
121 requested permit or provide a written notice to the permit
122 applicant identifying the specific plan features that do not
123 comply with the applicable codes, as well as the specific code
124 chapters and sections, within 12 business days after receipt of
125 the permit application and affidavit. The local building

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126 official must provide with specificity the plan's deficiencies,
127 the reasons the permit application failed, and the applicable
128 codes being violated in such written notice. If the local
129 building official does not provide specific written notice to
130 the permit applicant within the prescribed 12-day period, the
131 permit application is deemed approved as a matter of law, and
132 the permit must be issued by the local building official on the
133 next business day.
134 (b) If the private provider is a person licensed as a
135 building code administrator under part XII of chapter 468, as an
136 engineer under chapter 471, or as an architect under chapter 481
137 and the private provider does not affix his or her industry seal
138 to the affidavit required under subsection (6), No more than 20
139 business days after receipt of a permit application and the
140 affidavit from the private provider required pursuant to
141 subsection (6), the local building official must shall issue the
142 requested permit or provide a written notice to the permit
143 applicant identifying the specific plan features that do not
144 comply with the applicable codes, as well as the specific code
145 chapters and sections, within 20 business days after receipt of
146 the permit application and affidavit. If the local building
147 official does not provide a written notice of the plan
148 deficiencies within the prescribed 20-day period, the permit
149 application is shall be deemed approved as a matter of law, and
150 the permit must shall be issued by the local building official

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151 on the next business day.
152 (c)(b) If the local building official provides a written
153 notice of plan deficiencies to the permit applicant within the
154 time period prescribed in paragraphs (a) and (b) 20-day period,
155 the time 20-day period is shall be tolled pending resolution of
156 the matter. To resolve the plan deficiencies, the permit
157 applicant may elect to dispute the deficiencies pursuant to
158 subsection (14) or to submit revisions to correct the
159 deficiencies.
160 (d)(c) If the permit applicant submits revisions, the
161 local building official has the remainder of the tolled time 20-
162 day period plus 5 business days after from the date of
163 resubmittal to issue the requested permit or to provide a second
164 written notice to the permit applicant stating which of the
165 previously identified plan features remain in noncompliance with
166 the applicable codes, with specific reference to the relevant
167 code chapters and sections. Any subsequent review by the local
168 building official is limited to the deficiencies cited in the
169 written notice. If the local building official does not provide
170 the second written notice within the prescribed time period, the
171 permit is shall be deemed approved as a matter of law, and the
172 local building official must issue the permit on the next
173 business day.
174 (e)(d) If the local building official provides a second
175 written notice of plan deficiencies to the permit applicant

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176 within the prescribed time period, the permit applicant may
177 elect to dispute the deficiencies pursuant to subsection (14) or
178 to submit additional revisions to correct the deficiencies. For
179 all revisions submitted after the first revision, the local
180 building official has an additional 5 business days after from
181 the date of resubmittal to issue the requested permit or to
182 provide a written notice to the permit applicant stating which
183 of the previously identified plan features remain in
184 noncompliance with the applicable codes, with specific reference
185 to the relevant code chapters and sections.
186 Section 2. This act shall take effect July 1, 2024.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 579 Use of Private Providers for Plans Review and Inspection
SPONSOR(S): Griffitts
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Appropriations Committee

3) Commerce Committee

SUMMARY ANALYSIS
Every local government must enforce the building code and issue building permits. Any construction work that
requires a building permit also requires plans to be examined by a local plans examiner, and buildings to be
inspected periodically by a local building official or inspector. Since 2002, Florida has allowed property owners
to hire licensed building code officials, engineers, and architects, that are not associated with the local
government, to review building plans, perform building inspections, and prepare certificates of completion, who
are referred to as “private providers.”

A local government may not charge a permit fee for building inspections when private providers are used, but
may charge any amount that is actually incurred by the local government’s building official related to the
permit. A building official may audit a private provider to ensure the private provider has performed their duties
appropriately and may deny a building permit or a certificate of completion or issue a stop work order if the
work approved by the private provider does not comply with the Florida Building Code in order to protect public
safety and welfare.

Upon receipt of a building permit application from a private provider, a building official has 20 business days to
grant or deny the permit.

The bill prohibits a local jurisdiction from conducting its own plans review for the project if a “fee owner” or the
“fee owner's” contractor retains a private provider for purposes of plans review.

The bill provides that if the local building official is notified that a private provider is being used for inspection
services, the local government may not send an inspector to the building or structure to conduct an inspection
and may not charge the owner or contractor a fee for inspection services.

The bill reduces the timeframe, from 20 days to 12 days, that the local government has to grant or deny a
permit for projects where a private provider, who is a licensed engineer or architect that affixes his or her
industry seal to the affidavit required for building plans.

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: h0579.RRS
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The Florida Building Code

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum building 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 commission’s
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

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

http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 13, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 13, 2024).
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, Ab out the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 13, 2024).
6 S. 553.73(7)(a), F.S.

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Building Permits

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 7
Every local government must enforce the Building Code and issue building permits.8 A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity.9 Any construction work that requires a building permit also requires the review of
building plans and inspections of the progress of work completed by the building official, inspector, or
plans examiner to ensure the work complies with the Building Code.10

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. 16 Such fees shall be used solely for carrying out
the local government’s responsibilities in enforcing the Building Code. 17 Enforcing the Building Code
includes the direct costs and reasonable indirect costs associated with training, review of building
plans, building inspections, re-inspections, building permit processing, and fire inspections. 18 Local
governments must post all building permit and inspection fee schedules on their website.19

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.20

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.21

7 S. 553.72, F.S.
8 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9
S. 468.603(2), F.S; § 202, FBC, Building, 7th Ed., (2020).
10 §§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020).
11 See ss. 125.56(4)(a) and 553.79(1), F.S.
12 § 109.1 , FBC, Building, 7th Ed., (2020).
13 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
14 Ss. 468.603(8), and 553.79(2), F.S.
15 S. 553.79(2), F.S.
16 S. 553.80 F.S.
17 Id.
18 S. 553.80 (7)(a)1., F.S.
19 Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
20 S. 553.80(7)(a), F.S.
21 S. 553.721, F.S.

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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.22

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.23

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:24
 Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
 Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
 Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
 Result in delayed occupancy of a project, including single-family residences and multi-family
residences.

Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may:25
 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 Officials, Inspectors, Plans Examiners

Building officials, inspectors, and plans examiners are regulated by the BCAIB within DBPR.26

A building code administrator, otherwise known as a building official, is a local government employee or
a person contracted by a local government who supervises building code activities, including plans
review, enforcement, and inspection.27

22 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suf fered 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 Indust ry Licensing Board for
review. s. 489.1401(2), F.S.
23 Ss. 468.631, and 553.721, F.S.
24 City of Austin Development Services Department, A Program for Expedited Permitting, http://austintexas.gov/sites/default/files/files/8-

9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 13, 2024); PricewaterhouseCoopers, The Economic Impact of
Accelerating Permit Processes on Local Development and Government Revenues, (Dec. 7, 2005).
25 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-

content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 13, 2024).
26 S. 468.605, F.S.
27 S. 468.603(2), F.S.

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A building code inspector (inspector) inspects construction that requires permits to determine
compliance with the Building Code and state accessibility laws. Inspectors are divided into several
different categories. An inspector’s ability to practice is limited to the category or categories under
which the inspector has been licensed. The inspector categories are: 28
 Building inspector
 Coastal construction inspector
 Commercial electrical inspector
 Residential electrical inspector
 Mechanical inspector
 Plumbing inspector
 Residential inspector
 Electrical inspector

A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. The term includes a residential plans examiner who is qualified to determine that
plans submitted for building permits comply with the applicable residential building, plumbing,
mechanical, electrical, gas, energy, accessibility, and other applicable construction codes. A plans
examiner’s ability to practice is limited to the category or categories under which the plans examiner
has been licensed. The plans examiner categories are: 29
 Building plans examiner
 Plumbing plans examiner
 Mechanical plans examiner
 Electrical plans examiner

Professional Engineers

Professional engineers and related qualified business organizations are regulated by Ch. 471, F.S.,
and by the Florida Board of Professional Engineers under DBPR. 30

“Engineering” includes the term “professional engineering” and means any service or creative work, the
adequate performance of which requires engineering education, training, and experience in the
application of special knowledge of the mathematical, physical, and engineering sciences to such
services or creative work as consultation, investigation, evaluation, planning, and design of engineering
works and systems, planning the use of land and water, teaching of the principles and methods of
engineering design, engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with drawings and specifications, any of
which embraces such services or work, either public or private, in connection with any utilities,
structures, buildings, machines, equipment, processes, work systems, projects, and industrial or
consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature,
insofar as they involve safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of any engineering
services….”31

Architects

Architects and related qualified business organizations in the state are regulated by ch. 481, pt. I, F.S.,
and by the Board of Architecture and Interior Design under DBPR.

“Architecture services” means the rendering or offering to render services in connection with the design
and construction of a structure or group of structures which have as their principal purpose human
habitation or use, and the utilization of space within and surrounding such structures. These services

28 See s. 468.603(5), F.S.
29 See s. 468.603(8), F.S.
30 S. 20.165(4)(a)11., F.S.
31 S. 471.005(7), F.S.

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include planning, providing preliminary study designs, drawings and specifications, job-site inspection,
and administration of construction contracts.32

Private Providers

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

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

Current law defines “private provider” as person licensed as a building official, engineer, or architect.
Licensed building inspectors and plans examiners may perform inspections for additions and alterations
that are limited to 1,000 square feet or less in residential buildings.33

If an owner or contractor opts to use a private provider, the local government must calculate the cost
savings to its building department and reduce the building permit fees accordingly. 34

A local government may not charge a fee for building inspections when an owner or contractor uses a
private provider but may charge a “reasonable administrative fee.” 35 A “reasonable administrative fee”
must be based on the cost that is actually incurred by the local government, including the labor cost of
the personnel providing the service, or the cost attributable to the local government for the clerical and
supervisory assistance required, or both.

A building official may audit a private provider to ensure the private provider and their duly authorized
agent has reviewed the building plans and is performing the required inspections. A building official
may deny a building permit or a request for a certificate of completion if the building construction or
plans do not comply with the Building Code. A building official may also issue a stop work order at any
time if he or she determines any condition of the construction poses an immediate threat to public
safety and welfare.36

A private provider who approves building plans must sign a sworn affidavit that the plans comply with
the Building Code and the private provider or their duly authorized representative is authorized to
review the plans.37 Upon receipt of a building permit application from a private provider, a building
official has 20 business days to grant or deny the permit. Denying a permit automatically tolls the
remaining 20 business days.38

If the local building official denies the requested permit, they must provide a written notice to the permit
applicant identifying the specific plan features that do not comply with the applicable codes, as well as
the specific code chapters and sections.39

Before a private provider or their duly authorized representative performs building inspections, the
private provider must notify the building official of each inspection the business day before the
inspection. A local building official may visit a building site as often as necessary to ensure the required
inspections are being performed. Construction work on a building may continue as long as the private
provider or their duly authorized representative passes each inspection and the private provider gives
proper notice of each inspection to the building official. 40

32 S. 481.206(6), F.S.
33 S. 553.791(1)(n) and (3), F.S.
34 S. 553.791(2)(b), F.S.
35 Id.
36 S. 553.791(1), (14), and (19), F.S.
37 S. 553.791(6), F.S.
38 S. 553.791(7), F.S.
39 S. 553.791(7)(a), F.S.
40 S. 553.791(9) and (18), F.S.

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A private provider must post records of every inspection, including the results of the inspections,
electronically or on the jobsite and provide the records to the local building official within two business
days of posting the records.41

Fee Simple Ownership

A fee simple is the greatest possible property interest in land, granting its owner all traditional property
rights.42

Department of Commerce

The Department of Commerce was created in 2023 to replace the former Department of Economic
Opportunity43 to assist the Governor in working with the Legislature, state agencies, business leaders,
and economic development professionals to formulate and implement coherent and consistent policies
and strategies designed to promote economic opportunities for all Floridians. 44

The following divisions and offices are established within the Department of Commerce:45
 The Division of Economic Development.
 The Division of Community Development.
 The Division of Workforce Services.
 The Division of Finance and Administration.
 The Division of Information Technology.
 The Office of the Secretary.
 The Office of Economic Accountability and Transparency.

Effect of the Bill

The bill provides that a "private provider firm" means a business organization, including a corporation,
partnership, business trust, or other legal entity, that offers building administrator, building inspection,
and plans review services to the public through licensees who are acting as agents, employees,
officers, or partners of the firm. A person who is licensed as a building code administrator, as an
engineer, or as an architect, may act as a private provider as an agent, employee, or officer of the
private provider firm.

The bill requires a private provider firm that uses licensed architects and engineers as private providers
acting as agents, employees, or officers of the firm to qualify as an engineering or architecture business
organization.

The bill clarifies that a “fee owner,” not just an owner, has rights to obtain private provider services for a
property.

The bill provides that, if the local jurisdiction does not reduce the permit fee for using private provider
services, a fee owner or the fee owner's contractor may file a complaint with the Department of
Commerce against the local jurisdiction for such failure. If the Department of Commerce finds that a
violation occurred, the local jurisdiction must immediately refund to the fee owner or the fee owner's
contractor all fees paid to the local jurisdiction, and the Department of Commerce must assess a fine
equal to the amount charged to the fee owner or the fee owner's contractor on the local jurisdiction to
be deposited into the Florida Homeowners’ Construction Recovery Fund.

41 S. 553.791(11), F.S.
42 Cornell Law School, Legal Information Institute, fee simple, https://www.law.cornell.edu/wex/fee_simple (last visited Jan. 13, 2024).
43 Ch. 2023-173, L.O.F.
44 S. 20.60(4), F.S.
45 S. 20.60(3)(a), F.S.

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The bill prohibits a local jurisdiction from conducting its own plans review for the project if a fee owner
or the fee owner's contractor retains a private provider for purposes of plans review or building
inspection services.

The bill provides that if the local building official is notified by the fee owner or the fee owner's
contractor that a private provider is being used for inspection services, the local building official and the
local enforcement agency may not send an inspector to the building or structure to conduct an
inspection and may not charge the owner or contractor a fee for inspection services.

The bill reduces the timeframe that the local government has to grant or deny a permit for provides for
a private provider who is a licensed as an engineer or as an architect and affixes his or her industry
seal to the affidavit required for building plans, from 20 days, to 12 days, after receipt of the permit
application and affidavit.

If the private provider is a person licensed as a building code administrator, as an engineer, or as an
architect and the private provider does not affix his or her industry seal to the affidavit required for
building plans, the local building official must issue the requested permit or provide a written notice to
the permit applicant identifying the specific plan features that do not comply with the applicable codes,
as well as the specific code chapters and sections, within 20 business days after receipt of the permit
application and affidavit.

The bill makes conforming changes.

B. SECTION DIRECTORY:
Section 1: Amends s. 553.791, F.S.; providing requirements and time frames for plans
review and inspection services performed by a private provider.
Section2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The surcharge collected pursuant to s. 553.791, F.S., and s. 468.631, F.S., could be impacted by
the bill.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

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

2. Expenditures:
The 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:
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. 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.
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DATE: 1/14/2024
The streamlined permitting processes in the bill may expedite development across the state.

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 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.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill is unclear why certain complaints about permit fees will be handled by the Department of
Commerce, and not DBPR, who regulates the Building Code, Building Commission, Florida
Homeowners Construction Recovery Fund, and Building Code Enforcement professionals.

The bill is unclear why it prohibits a local government from performing its own plans review if a fee
owner or the fee owner's contractor retains a private provider for purposes of building inspection
services. There may be situations where a private provider is retained for inspections services, but not
for plans review, which would need to be performed by the local government.

There is a potential life and safety concern with prohibiting a local government from performing onsite
inspections when a provider is performing such services.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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HB 665
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 665 2024

1 A bill to be entitled
2 An act relating to expedited approval of residential
3 building permits; creating s. 177.073, F.S.; providing
4 definitions; requiring certain governing bodies, by a
5 date certain, to create a program to expedite the
6 process for issuing residential building permits
7 before a final plat is recorded; providing
8 requirements for such program; providing an exception
9 and construction; requiring certain governing bodies,
10 by a date certain, to update their programs to conform
11 to the Florida Building Code; providing construction;
12 requiring a governing body to create certain processes
13 for purposes of the program; specifying the length of
14 time a master building permit is valid; authorizing
15 applicants to use a private provider for certain
16 reviews; authorizing a governing body to issue
17 addresses and temporary parcel identification numbers
18 for specified purposes; requiring a governing body to
19 issue a specified number or percentage of building
20 permits requested in an application when certain
21 conditions are met; setting forth certain conditions
22 for applicants who apply to the program; providing
23 that an applicant has a vested right in an approved
24 preliminary plat when certain conditions are met;
25 requiring a local building official and a local

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26 governing body to mail a signed, certified letter with
27 specified information to the Department of Business
28 and Professional Regulation and the Department of
29 Commerce, respectively, after the governing body
30 creates the program; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 177.073, Florida Statutes, is created
35 to read:
36 177.073 Expedited approval of residential building permits
37 before a final plat is recorded.—
38 (1) As used in this section, the term:
39 (a) "Applicant" means a homebuilder or developer that
40 files an application with the local governing body to identify
41 the percentage of planned homes that the local governing body
42 must issue for the residential subdivision or planned community.
43 (b) "Final plat" means the final tracing, map, or site
44 plan presented by the subdivider to a governing body for final
45 approval, and, upon approval by the appropriate governing body,
46 is submitted to the clerk of the circuit court for recording.
47 (c) "Local building official" has the same meaning as in
48 s. 553.791(1).
49 (d) "Plans" means any building plans, construction plans,
50 engineering plans, or site plans, or their functional

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51 equivalent, submitted by an applicant for a building permit.
52 (e) "Preliminary plat" means a map or delineated
53 representation of the subdivision of lands that is a complete
54 and exact representation of the residential subdivision or
55 planned community and contains any additional information needed
56 to be in compliance with the requirements of this chapter.
57 (2)(a) By August 15, 2024, the governing body of a county
58 that has 75,000 residents or more and the governing body of a
59 municipality that has 30,000 residents or more shall create a
60 program to expedite the process for issuing building permits for
61 residential subdivisions or planned communities in accordance
62 with the Florida Building Code and this section before a final
63 plat is recorded with the clerk of the circuit court. The
64 expedited process must include an application for an applicant
65 to identify the percentage of planned homes that the governing
66 body must issue for the residential subdivision or planned
67 community, not to exceed 50 percent of the residential
68 subdivision or planned community. This subsection does not
69 restrict a local government from issuing building permits that
70 exceed 50 percent of the residential subdivision or planned
71 community.
72 (b) A governing body that had a program in place before
73 July 1, 2023, to expedite the building permit process, need only
74 update their program to approve an applicant's written
75 application to issue up to 50 percent of the building permits

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76 for the residential subdivision or planned community in order to
77 comply with this section. This paragraph does not prohibit a
78 governing body from issuing more than 50 percent of the building
79 permits for a residential subdivision or planned community. This
80 subsection does not restrict a local government from issuing
81 building permits that exceed 50 percent of the residential
82 subdivision or planned community.
83 (c) By December 31, 2028, the governing body of a county
84 that has 75,000 residents or more and the governing body of a
85 municipality that has 30,000 residents or more shall update its
86 program to expedite the process for issuing building permits for
87 residential subdivisions or planned communities in accordance
88 with the Florida Building Code and this section before a final
89 plat is recorded with the clerk of the circuit court. The
90 expedited process must contain an application for an applicant
91 to identify the percentage, up to 75 percent, of planned homes
92 that the local governing body must issue for the residential
93 subdivision or planned community. This subsection does not
94 restrict a local government from issuing building permits that
95 exceed 75 percent of the residential subdivision or planned
96 community.
97 (3) A governing body shall create:
98 (a) A two-step application process that includes the
99 adoption of a preliminary plat and a final plat in order to
100 expedite the issuance of building permits under this section.

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101 The application must allow an applicant to identify the
102 percentage of planned homes that the governing body must issue
103 for the residential subdivision or planned community. The
104 governing body shall maximize its administrative processes to
105 expedite the review and approval of applications, plats, and
106 plans submitted under this section.
107 (b) A master building permit process consistent with s.
108 553.794(3) for applicants seeking multiple building permits for
109 residential subdivisions or planned communities. For purposes of
110 this paragraph, a master building permit is valid for 3
111 consecutive years after its issuance or until the adoption of a
112 new Florida Building Code, whichever is later. After a new
113 Florida Building Code is adopted, the applicant may apply for a
114 new master building permit, which, upon approval, is valid for 3
115 consecutive years.
116 (4) An applicant may use a private provider consistent
117 with s. 553.791 to review a preliminary plat and building permit
118 for each residential building or structure.
119 (5) A governing body may work with appropriate local
120 government agencies to issue an address and a temporary parcel
121 identification number for lot lines and lot sizes based on the
122 metes and bounds of the plat contained in the application.
123 (6) If an applicant requests a certain number or
124 percentage of building permits in his or her application, the
125 governing body must issue the number or percentage requested in

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126 accordance with the Florida Building Code, provided the
127 residential buildings or structures are unoccupied and all of
128 the following conditions are met:
129 (a) The governing body has approved a preliminary plat for
130 each residential building or structure.
131 (b) The applicant provides proof to the governing body
132 that the applicant has provided a copy of the approved
133 preliminary plat, along with the approved plans, to the relevant
134 electric, water, and wastewater utilities.
135 (c) The applicant holds a valid performance bond for up to
136 130 percent of the necessary utilities, roads, and stormwater
137 improvements that have not been completed upon submission of the
138 application under this section. For purposes of master planned
139 communities, as defined in s. 163.3202(5)(b), a valid
140 performance bond is required on a phase-by-phase basis.
141 (7)(a) An applicant may contract to sell, but may not
142 transfer ownership of, a residential structure or building
143 located in the residential subdivision or planned community
144 until the final plat is approved by the governing body and
145 recorded in the public records by the clerk of the circuit
146 court.
147 (b) An applicant may not obtain a final certificate of
148 occupancy with respect to each residential structure or building
149 for which a building permit is issued until the final plat is
150 approved by the governing body and recorded in the public

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151 records by the clerk of the circuit court.
152 (c) An applicant must indemnify and hold harmless the
153 governing body and its agents and employees from damages
154 accruing and directly related to the issuance of a building
155 permit for a residential building or structure located in the
156 residential subdivision or planned community before the approval
157 and recording of the final plat by the governing body. This
158 includes damage resulting from fire, flood, construction
159 defects, and bodily injury.
160 (8) For purposes of this section, an applicant has a
161 vested right in a preliminary plat that has been approved by a
162 governing body if all of the following conditions are met:
163 (a) The applicant relies in good faith on the approved
164 preliminary plat.
165 (b) The applicant substantially changes his or her
166 position, including making improvements pursuant to s.
167 177.301(9), or incurs other obligations and expenses.
168 (c) Any change by the governing body and its agents and
169 employees from a cause of action directly related to the
170 issuance of a building permit would constitute an inequitable
171 interference in the approved preliminary plat.
172 (9) After a governing body creates the program required
173 under this section, the local building official shall send by
174 certified mail, return receipt requested, to the Department of
175 Business and Professional Regulation a signed, certified letter

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176 indicating that the program has been established. The letter
177 must contain a brief explanation of the program, including how
178 the program expedites the process of issuing building permits
179 for residential subdivisions or planned communities before the
180 final plat is recorded.
181 (10) After a governing body creates the program required
182 under this section, the local governing body shall send by
183 certified mail, return receipt requested, to the Department of
184 Commerce a signed, certified letter indicating that the program
185 has been established. The letter must contain a brief
186 explanation of the program, including how the program expedites
187 the process of issuing building permits for residential
188 subdivisions or planned communities before the final plat is
189 recorded.
190 Section 2. This act shall take effect upon becoming a law.

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hb0665-00
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 665 Expedited Approval of Residential Building Permits
SPONSOR(S): McClain
TIED BILLS: IDEN./SIM. BILLS: SB 812

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Local Administration, Federal Affairs & Special
Districts Subcommittee

3) Commerce Committee

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.

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.
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.

Some local governments allow a developer to commence construction and issue building permits 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, if:
o The governing body has approved a preliminary plat for each residential building or structure.
o 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.
o 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.
 Provides that vested rights may be formed in a preliminary plat, under certain circumstances.
 Allows such 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 upon becoming law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0665.RRS
DATE: 1/12/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
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. 1 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.2

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. 3 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.4

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:5
 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:6
 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

1 S. 177.031(14), F.S.
2 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 Jan, 11, 2024).
3 S. 177.011, F.S.
4 S. 177.081(1), F.S.
5 S. 177.071(1), F.S.
6 S. 177.091, F.S.
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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.7

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. 8

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. 9

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:10
 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.

7 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 Jan, 11,
2024).
8 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 Jan, 11, 2024).
9 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.
10 City of Jacksonville Code of Ordinances s. 654-139(d).
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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.11

Vested Rights in Property Based on a Plat

In general, vested rights 12 form when a property owner or developer acquires real property rights that
cannot be taken by governmental regulation.13 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.14

Florida common law provides that vested rights in a property may be established if a property owner or
developer has:15
 In good faith reliance,
 Upon some act or omission of government,
 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 16 in the land development regulations in existence at that time.17 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,18 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.19

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. 20

11 City of Jacksonville Code of Ordinances s. 654-109(b).
12 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).
13 Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes ,

Urb.L.Ann. 63, 64-65 (1971).
14 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 Jan, 11, 2024).
15 Monroe County, 866 So.2d at 710.
16 Id.
17 Melton, supra note 14.
18 Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975).
19 Id.; Melton, supra note 14.
20 The Florida Companies v. Orange County, 411 So.2d 1008, 1011 (Fla. 5th DCA 1982)
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The Florida Building Code

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. 22 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 23

The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, 25 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. 26

Building Permits

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.29 Any construction work that requires a building permit also requires
plan reviews and inspections by the building official, inspector, or plans examiner to ensure the work
complies with the Building Code.30

21 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/2006_Legislature_Rpt _rev2.pdf (last visited Jan, 11, 2024).
22 Id.
23 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan, 11, 2024).
24 See s. 553.72(1), F.S.
25 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 Jan, 11, 2024).
26 S. 553.73(7)(a), F.S.
27 S. 553.72, F.S.
28 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
29 S. 468.603(2), F.S; § 202, FBC, Building, 7th Ed., (2020).
30 §§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020).
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may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency. 31 A building permit is not valid until
the fees for the permit have been paid.32

To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website. 33 An application for a
permit must include building plans.34 A local enforcing agency may not issue a permit until the building
official or plans reviewer has reviewed the building plans and determined that they comply with the
Building Code.35

Building Permit Delays

Any delays in obtaining a building permit can delay the completion of a construction project. For
example, delays in the completion of a construction project may: 36
 Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
 Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
 Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
 Result in delayed occupancy of a project, including single-family residences and multi-family
residences.

Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may:37
 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.

Master Building Permit Program

A master building permit program is a streamlined permitting process created by a local government to
help builders who expect to construct identical single-family or two-family dwellings or townhomes on a
repetitive basis. Such program must be designed to achieve standardization and consistency during the
permitting process and to reduce the time spent by local building departments during the site-specific
building permit application process.38

If a local building code administrator receives a written request from a licensed contractor for the
creation of a master building permit program, the local government must create such program within 6
months after receipt.39

31 See ss. 125.56(4)(a) and 553.79(1), F.S.
32 § 109.1 , FBC, Building, 7th Ed., (2020).
33 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
34 Ss. 468.603(8), and 553.79(2), F.S.
35 S. 553.79(2), F.S.
36 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 Jan, 11,
2024); PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and
Government Revenues, (Dec. 7, 2005).
37 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-

content/uploads/2018/02/CaseStudy5. pdf (last visited Jan, 11, 2024).
38 S. 553.794(1), F.S.
39 Id.
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DATE: 1/12/2024
To obtain a master building permit after a program has been implemented, a builder must submit the
following information to the local building department:40
 A completed master building permit application.
 A general construction plan with:
o All of the plan pages, documents, and drawings; signed and sealed by the design
professional of record;41 and
o A written acknowledgment from the design professional that the plan pages, documents,
and drawings will be used for future site-specific building permit applications.
o A model design, which may include up to four alternate exterior elevations, each
containing the same living space footprint.42
 Truss specifications.
 Energy performance calculations for all building orientations.

Once a master building permit application is approved, the local building department may only require
the builder to submit the following documents for each site-specific building permit application:43
 A completed site-specific building permit application that includes the master building permit
number and identifies the model design to be built, including elevation and garage style.
 Three signed and sealed copies of the lot or parcel survey or site plan.
 An affidavit by the design professional of record affirming that the attached master building
permit is a true and correct copy.
 Complete mechanical drawings of the model design.

An approved master building permit remains valid until the Florida Building Code is updated,44 which is
every 3 years.45

Effect of the Bill

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.
o The governing body is required to maximize its administrative processes to expedite the
review and approval of applications, plats, and plans.
 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 later. 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.

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.
 Such expedited process must include an application for an applicant to identify up to 50
percent of planned homes, or the number of building permits, that the governing body must

40 S. 553.794(3), F.S
41 The design professional must be a licensed engineer or architect.
42 S. 553.794(4)(c), F.S
43 S. 553.794(6), F.S.
44 S. 553.794(5)(e), F.S.
45 S. 553.73(7)(a), F.S.
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DATE: 1/12/2024
issue 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.

By December 31, 2028, 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.

In accordance with the timelines above, 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, 46 a valid
performance bond is required on a phase-by-phase basis.

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 provides that an applicant has a vested right in a preliminary plat that has been approved by a
governing body if all of the following conditions are met:
 The applicant relies in good faith on the approved preliminary plat.
 The applicant substantially changes his or her position, including making improvements
pursuant to s. 177.031(9), F.S.47 or incurs other obligations and expenses.

46 “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.
47 Such improvements include, but are not limited to, street pavements, curbs and gutters, sidewalks , alley pavements,

walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent
reference monuments (P.R.M.s), permanent control points (P.C.P.s), monuments, or any other improvement required by a
governing body. S. 177.031(9), F.S.
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DATE: 1/12/2024
 Any change by the governing body and its agents and employees from a cause of action directly
related to the issuance of a building permit would constitute an inequitable interference in the
approved preliminary plat.

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 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.

The bill requires the local building official to send to DBPR and the Department of Commerce, by
certified mail, return receipt requested, a signed, certified letter indicating that the program has been
established. The letter must contain a brief explanation of the program, including how the program
expedites the process of issuing building permits for residential subdivisions or planned communities
before the final plat is recorded.

Provides an effective date of upon becoming law

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: 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:
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:

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DATE: 1/12/2024
The streamlined permitting and development processes in the bill may expedite development across
the state. However, permit fees may be raised by local governments in order to meet timing
requirements.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0665.RRS PAGE: 10
DATE: 1/12/2024
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 665 by Rep. McClain
Expedited Approval of Residential Building Permits

AMENDMENT SUMMARY
January 17, 2024

Amendment 1 by Rep. McClain (strike):
• Clarifies that an applicant must commence construction and continue to develop the
property in good faith in order to obtain vested rights.
• Requires the governing body to obtain written consent of the applicant before it may
make substantive changes to the preliminary plat.
• Requires the applicant to indemnify and hold harmless the local government, governing
body, its agents, and its employees, from certain liability related to the improvement of
the property, including to any associated utilities, and from certain disputes related to
obtaining a certificate of occupancy.
o However, such indemnification does not extend to governmental action that
infringe on the applicant’s vested rights.
• Changes the date by which a governing body must allow an applicant to obtain up to 50
percent of permits pursuant to a preliminary plat, to October 1, 2024, from August 1,
2024.
• Exempts Monroe County from the provisions which require the governing body to issue
a certain percentage of permits pursuant to a preliminary plat.
• Provides that a master building permit is valid for 3 consecutive years after its issuance
or until the adoption of a new Florida Building Code, whichever is earlier, instead of later.
• Requires an applicant for permits pursuant to a preliminary plat to provide a copy of the
approved plat to relevant gas utilities.
• Removes provisions requiring certain reporting to the Department of Business and
Professional Regulation and the Department of Commerce.
• Clarifies language and corrects grammatical errors.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (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 McClain offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 177.073, Florida Statutes, is created
8 to read:
9 177.073 Expedited approval of residential building permits
10 before a final plat is recorded.—
11 (1) As used in this section, the term:
12 (a) "Applicant" means a homebuilder or developer who files
13 an application with the local governing body to identify the
14 percentage of planned homes, or the number of building permits,
15 that the local governing body must issue for a residential
16 subdivision or planned community.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

17 (b) "Final plat" means the final tracing, map, or site
18 plan presented by the subdivider to a governing body for final
19 approval, and, upon approval by the appropriate governing body,
20 is submitted to the clerk of the circuit court for recording.
21 (c) "Local building official" has the same meaning as in
22 s. 553.791(1).
23 (d) "Plans" means any building plans, construction plans,
24 engineering plans, or site plans, or their functional
25 equivalent, submitted by an applicant for a building permit.
26 (e) "Preliminary plat" means a map or delineated
27 representation of the subdivision of lands that is a complete
28 and exact representation of the residential subdivision or
29 planned community and contains any additional information needed
30 to be in compliance with the requirements of this chapter.
31 (2)(a) By October 1, 2024, the governing body of a county
32 that has 75,000 residents or more and the governing body of a
33 municipality that has 30,000 residents or more shall create a
34 program to expedite the process for issuing building permits for
35 residential subdivisions or planned communities in accordance
36 with the Florida Building Code and this section before a final
37 plat is recorded with the clerk of the circuit court. The
38 expedited process must include an application for an applicant
39 to identify the percentage of planned homes, not to exceed 50
40 percent of the residential subdivision or planned community, or
41 the number of building permits that the governing body must
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

42 issue for the residential subdivision or planned community. This
43 paragraph does not:
44 1. Restrict the governing body from issuing more than 50
45 percent of the building permits for the residential subdivision
46 or planned community.
47 2. Apply to a county subject to s. 380.0552.
48 (b) A governing body that had a program in place before
49 July 1, 2023, to expedite the building permit process, need only
50 update their program to approve an applicant's written
51 application to issue up to 50 percent of the building permits
52 for the residential subdivision or planned community in order to
53 comply with this section. This paragraph does not restrict a
54 governing body from issuing more than 50 percent of the building
55 permits for the residential subdivision or planned community.
56 (c) By December 31, 2027, the governing body of a county
57 that has 75,000 residents or more and the governing body of a
58 municipality that has 30,000 residents or more shall update its
59 program to expedite the process for issuing building permits for
60 residential subdivisions or planned communities in accordance
61 with the Florida Building Code and this section before a final
62 plat is recorded with the clerk of the circuit court. The
63 expedited process must include an application for an applicant
64 to identify the percentage of planned homes, not to exceed 75
65 percent of the residential subdivision or planned community, or
66 the number of building permits that the governing body must
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

67 issue for the residential subdivision or planned community. This
68 paragraph does not:
69 1. Restrict the governing body from issuing more than 75
70 percent of the building permits for the residential subdivision
71 or planned community.
72 2. Apply to a county subject to s. 380.0552.
73 (3) A governing body shall create:
74 (a) A two-step application process for the adoption of a
75 preliminary plat, inclusive of any plans, in order to expedite
76 the issuance of building permits under this section. The
77 application must allow an applicant to identify the percentage
78 of planned homes or the number of building permits that the
79 governing body must issue for the residential subdivision or
80 planned community.
81 (b) A master building permit process consistent with s.
82 553.794 for applicants seeking multiple building permits for
83 residential subdivisions or planned communities. For purposes of
84 this paragraph, a master building permit is valid for 3
85 consecutive years after its issuance or until the adoption of a
86 new Florida Building Code, whichever is earlier. After a new
87 Florida Building Code is adopted, the applicant may apply for a
88 new master building permit, which, upon approval, is valid for 3
89 consecutive years.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

90 (4) An applicant may use a private provider consistent
91 with s. 553.791 to expedite the application process as described
92 in this section.
93 (5) A governing body may work with appropriate local
94 government agencies to issue an address and a temporary parcel
95 identification number for lot lines and lot sizes based on the
96 metes and bounds of the plat contained in the application.
97 (6) The governing body must issue the number or percentage
98 of building permits requested by an applicant in accordance with
99 the Florida Building Code and this section, provided the
100 residential buildings or structures are unoccupied and all of
101 the following conditions are met:
102 (a) The governing body has approved a preliminary plat for
103 each residential subdivision or planned community.
104 (b) The applicant provides proof to the governing body
105 that the applicant has provided a copy of the approved
106 preliminary plat, along with the approved plans, to the relevant
107 electric, gas, water, and wastewater utilities.
108 (c) The applicant holds a valid performance bond for up to
109 130 percent of the necessary improvements, as defined in s.
110 177.031(9), that have not been completed upon submission of the
111 application under this section. For purposes of a master planned
112 community as defined in s. 163.3202(5)(b), a valid performance
113 bond is required on a phase-by-phase basis.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

114 (7)(a) An applicant may contract to sell, but may not
115 transfer ownership of, a residential structure or building
116 located in the residential subdivision or planned community
117 until the final plat is approved by the governing body and
118 recorded in the public records by the clerk of the circuit
119 court.
120 (b) An applicant may not obtain a final certificate of
121 occupancy for each residential structure or building for which a
122 building permit is issued until the final plat is approved by
123 the governing body and recorded in the public records by the
124 clerk of the circuit court.
125 (8) For purposes of this section, an applicant has a
126 vested right in a preliminary plat that has been approved by a
127 governing body if all of the following conditions are met:
128 (a) The applicant relies in good faith on the approved
129 preliminary plat or any amendments thereto.
130 (b) The applicant incurs obligations and expenses,
131 commences construction of the residential subdivision or planned
132 community, and is continuing in good faith with the development
133 of the property.
134 (9) Upon the establishment of an applicant's vested rights
135 in accordance with subsection (8), a governing body may not make
136 substantive changes to the preliminary plat without the
137 applicant's written consent.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

138 (10) An applicant must indemnify and hold harmless the
139 local government, its governing body, its employees, and its
140 agents from liability or damages resulting from the issuance of
141 a building permit or the construction, reconstruction, or
142 improvement or repair of a residential building or structure,
143 including any associated utilities, located in the residential
144 subdivision or planned community. Additionally, an applicant
145 must indemnify and hold harmless the local government, its
146 governing body, its employees, and its agents from liability or
147 disputes resulting from the issuance of a certificate of
148 occupancy for a residential building or structure that is
149 constructed, reconstructed, improved, or repaired before the
150 approval and recordation of the final plat of the qualified
151 project. This indemnification includes, but is not limited to,
152 any liability and damage resulting from wind, fire, flood,
153 construction defects, bodily injury, and any actions, issues, or
154 disputes arising out of a contract or other agreement between
155 the developer and a utility operating in the residential
156 subdivision or planned community. However, this indemnification
157 does not extend to governmental actions that infringe on the
158 applicant's vested rights.
159 Section 2. This act shall take effect upon becoming a law.
160
161 -----------------------------------------------------
162 T I T L E A M E N D M E N T
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

163 Remove everything before the enacting clause and insert:
164 A bill to be entitled
165 An act relating to expedited approval of residential
166 building permits; creating s. 177.073, F.S.; providing
167 definitions; requiring certain governing bodies, by a
168 date certain, to create a program to expedite the
169 process for issuing residential building permits
170 before a final plat is recorded; requiring the
171 expedited process to include a certain application;
172 requiring certain governing bodies to update its
173 program in a specified manner; providing
174 applicability; requiring a governing body to create
175 certain processes for purposes of the program;
176 authorizing applicants to use a private provider to
177 expedite the process for certain building permits;
178 authorizing a governing body to issue addresses and
179 temporary parcel identification numbers for specified
180 purposes; requiring a governing body to issue a
181 specified number or percentage of building permits
182 requested in an application when certain conditions
183 are met; setting forth certain conditions for
184 applicants who apply to the program; providing that an
185 applicant has a vested right in an approved
186 preliminary plat when certain conditions are met;
187 prohibiting a governing body from making substantive
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 665 (2024)
Amendment No. 1

188 changes to a preliminary plat without written consent;
189 requiring an applicant to indemnify and hold harmless
190 certain entities and persons; providing an exception;
191 providing an effective date.

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HB 1203
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1203 2024

1 A bill to be entitled
2 An act relating to homeowners' associations; amending
3 s. 720.303, F.S.; providing that officers and
4 directors of a homeowners' association are subject to
5 certain standards; requiring a detailed accounting of
6 amounts due to the association be given to certain
7 persons within a certain timeframe upon written
8 request; providing for a complete waiver of
9 outstanding fines under certain circumstances;
10 amending s. 720.3035, F.S.; prohibiting an association
11 or certain committees of the association from
12 enforcing or adopting certain covenants, rules, or
13 guidelines; authorizing a parcel owner to appeal
14 certain decisions of the association or certain
15 committees of the association to an appeals committee
16 within a specified time frame; providing for
17 membership and authority of the appeals committee;
18 requiring the appeals committee to make its decisions
19 within a specified time frame; amending s. 720.3045,
20 F.S.; authorizing parcel owners or their tenants to
21 install, display, or store clotheslines and vegetable
22 gardens under certain circumstances; amending s.
23 720.305, F.S.; prohibiting certain fines from being
24 aggregated and becoming a lien on a parcel without a
25 supermajority vote of a certain percentage of the

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HB 1203 2024

26 voting members; specifying how fines, suspensions,
27 attorney fees, and costs are determined; requiring
28 certain notices to be provided to parcel owners and,
29 if applicable, an occupant, a licensee, or an invitee
30 of the parcel owner; requiring certain hearings to be
31 held within a specified timeframe and authorizing such
32 hearings to be held by telephone or other electronic
33 means; prohibiting the accrual of attorney fees and
34 costs after a specified time; specifying the priority
35 of payments made by a parcel owner to an association;
36 authorizing certain persons to request a hearing to
37 dispute certain fees and costs; providing that certain
38 fines may not become a lien on a parcel; requiring
39 fines or suspensions related to traffic infractions to
40 be determined and issued by a certain person;
41 prohibiting a parcel owner from being fined for
42 certain traffic infractions; defining the term
43 "traffic infraction"; prohibiting an association from
44 levying a fine or imposing a suspension for certain
45 actions; prohibiting an association from enforcing
46 certain rules or covenants under certain
47 circumstances; amending s. 720.3075, F.S.; prohibiting
48 certain homeowners' association documents from
49 precluding property owners from taking certain
50 actions; prohibiting homeowners' association documents

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51 from limiting or requiring certain actions; amending
52 s. 720.308, F.S.; prohibiting a board from increasing
53 assessments by more than specified percentages without
54 a supermajority vote of a certain percentage of the
55 voting members; providing an exception; prohibiting
56 certain assessments from becoming a lien on a parcel
57 without a supermajority vote of a certain percentage
58 of the voting members; amending s. 720.318, F.S.;
59 authorizing a law enforcement officer to park his or
60 her assigned law enforcement vehicle on public roads
61 and rights-of-way; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Subsection (1) of section 720.303, Florida
66 Statutes, is amended, and subsection (13) is added to that
67 section, to read:
68 720.303 Association powers and duties; meetings of board;
69 official records; budgets; financial reporting; association
70 funds; recalls.—
71 (1) POWERS AND DUTIES.—An association that which operates
72 a community as defined in s. 720.301, must be operated by an
73 association that is a Florida corporation. After October 1,
74 1995, the association must be incorporated and the initial
75 governing documents must be recorded in the official records of

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76 the county in which the community is located. An association may
77 operate more than one community. The officers and director s of
78 an association are subject to s. 617.0830 and have a fiduciary
79 relationship to the members who are served by the association.
80 The powers and duties of an association include those set forth
81 in this chapter and, except as expressly limited or restricte d
82 in this chapter, those set forth in the governing documents.
83 After control of the association is obtained by members other
84 than the developer, the association may institute, maintain,
85 settle, or appeal actions or hearings in its name on behalf of
86 all members concerning matters of common interest to the
87 members, including, but not limited to, the common areas; roof
88 or structural components of a building, or other improvements
89 for which the association is responsible; mechanical,
90 electrical, or plumbing elements serving an improvement or
91 building for which the association is responsible;
92 representations of the developer pertaining to any existing or
93 proposed commonly used facility; and protesting ad valorem taxes
94 on commonly used facilities. The association may defend actions
95 in eminent domain or bring inverse condemnation actions. Before
96 commencing litigation against any party in the name of the
97 association involving amounts in controversy in excess of
98 $100,000, the association must obtain the affirmative ap proval
99 of a majority of the voting interests at a meeting of the
100 membership at which a quorum has been attained. This subsection

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101 does not limit any statutory or common-law right of any
102 individual member or class of members to bring any action
103 without participation by the association. A member does not have
104 authority to act for the association by virtue of being a
105 member. An association may have more than one class of members
106 and may issue membership certificates. An association of 15 or
107 fewer parcel owners may enforce only the requirements of those
108 deed restrictions established prior to the purchase of each
109 parcel upon an affected parcel owner or owners.
110 (13) REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner
111 or any occupant, licensee, or invitee of the parcel owner may,
112 at any time, make a written request to the board for a detailed
113 accounting of any amounts he or she owes to the association and
114 the board shall provide such information within 10 days after
115 receipt of the written request. Failure by the board to respond
116 in 10 days to a written request for a detailed accounting
117 constitutes a complete waiver of any outstanding fines of the
118 person who requested such accounting.
119 Section 2. Subsections (1) and (4) of section 720.3035,
120 Florida Statutes, are amended to read:
121 720.3035 Architectural control covenants; parcel owner
122 improvements; rights and privileges.—
123 (1)(a) The authority of an association or any
124 architectural, construction improvement, or other such similar
125 committee of an association to review and approve plans and

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126 specifications for the location, size, type, or appearance of
127 any structure or other improvement on a parcel, or to enforce
128 standards for the external appearance of any structure or
129 improvement located on a parcel, shall be permitted only to the
130 extent that the authority is specifically stated or reasonably
131 inferred as to such location, size, type, or appearance in the
132 declaration of covenants or other published guidelines and
133 standards authorized by the declaration of covenants.
134 (b) An association or any architectural, construction
135 improvement, or other such similar committee of an association
136 may not enforce or adopt a covenant, rule, or guideline that:
137 1. Limits or places requirements on the interior of a
138 structure that is not visible from the parcel's frontage or an
139 adjacent parcel.
140 2. Requires the review and approval of plans and
141 specifications for a central air-conditioning, refrigeration,
142 heating, or ventilating system by the association or any
143 architectural, construction improvement, or other such similar
144 committee of an association, if such system is not visible from
145 the parcel's frontage and is substantially similar to a system
146 that is approved or recommended by the association or a
147 committee thereof.
148 (4)(a) Each parcel owner is shall be entitled to the
149 rights and privileges set forth in the declaration of covenants
150 or other published guidelines and standards authorized by the

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151 declaration of covenants concerning the architectural use of the
152 parcel, and the construction of permitted structures and
153 improvements on the parcel. and Such rights and privileges may
154 shall not be unreasonably infringed upon or impaired by the
155 association or any architectural, construction improvement, or
156 other such similar committee of the association.
157 (b) If a parcel owner's rights and privileges have been
158 unreasonably infringed upon or impaired by a decision concerning
159 the architectural use of his or her parcel or the construction
160 of permitted structures and improvements on such parcel by t he
161 association or any architectural, construction improvement, or
162 other such similar committee of the association, the association
163 must provide the parcel owner with the ability to appeal such
164 decision to an appeals committee that consists of at least thre e
165 members appointed by the board who are not officers, directors,
166 or employees of the association or members of the architectural,
167 construction improvement, or other similar committee of the
168 association. The appeals committee has the right to reverse,
169 modify, or affirm the decision being appealed. A parcel owner
170 may appeal a decision of the association or any architectural,
171 construction improvement, or other such similar committee of the
172 association within 90 days after the owner receives written
173 notification of the initial decision. The appeals committee must
174 make a decision on the issue under appeal within 60 days after
175 receiving a parcel owner's request for an appeal.

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176 (c) If the association or any architectural, construction
177 improvement, or other such similar committee of the association
178 should unreasonably, knowingly, and willfully infringe upon or
179 impair the rights and privileges set forth in the declaration of
180 covenants or other published guidelines and standards authorized
181 by the declaration of covenants, the adversely affected parcel
182 owner is shall be entitled to recover damages caused by such
183 infringement or impairment, including any costs and reasonable
184 attorney attorney's fees incurred in preserving or restoring the
185 rights and privileges of the parcel owner set forth in the
186 declaration of covenants or other published guidelines and
187 standards authorized by the declaration of covenants.
188 Section 3. Section 720.3045, Florida Statutes, is amended
189 to read:
190 720.3045 Installation, display, and storage of items.—
191 Regardless of any covenants, restrictions, bylaws, rules, or
192 requirements of an association, and unless prohibited by general
193 law or local ordinance, an association may not restrict parcel
194 owners or their tenants from installing, displaying, or storing
195 any items on a parcel which are not visible from the parcel's
196 frontage or an adjacent parcel, including, but not limited to,
197 artificial turf, boats, flags, vegetable gardens, clotheslines,
198 and recreational vehicles.
199 Section 4. Subsection (2) of section 720.305, Florida
200 Statutes, is amended, and subsections (7) through (10) are added

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201 to that section, to read:
202 720.305 Obligations of members; remedies at law or i n
203 equity; levy of fines and suspension of use rights. —
204 (2) An association may levy reasonable fines for
205 violations of the declaration, association bylaws, or reasonable
206 rules of the association. A fine may not exceed $100 per
207 violation against any member or any member's tenant, guest, or
208 invitee for the failure of the owner of the parcel or its
209 occupant, licensee, or invitee to comply with any provision of
210 the declaration, the association bylaws, or reasonable rules of
211 the association unless otherwise provided in the governing
212 documents. A fine may be levied by the board for each day of a
213 continuing violation, with a single notice and opportunity for
214 hearing, except that the fine may not exceed $1,000 in the
215 aggregate unless otherwise provided in the governing documents.
216 A fine of less than $1,000 may not become a lien against a
217 parcel. A fine that amounts to less than 1 percent of the
218 parcel's property value at the time the fine was levied may only
219 become a lien against the parcel with approval by 75 perce nt of
220 the total membership of parcel owners, and fines may not be
221 aggregated to create a lien against a parcel. In any action to
222 recover a fine, the prevailing party is entitled to reasonable
223 attorney fees and costs from the nonprevailing party as
224 determined by the court.
225 (a) An association may suspend, for a reasonable period of

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226 time, the right of a member, or a member's tenant, guest, or
227 invitee, to use common areas and facilities for the failure of
228 the owner of the parcel or its occupant, licensee, or invitee to
229 comply with any provision of the declaration, the association
230 bylaws, or reasonable rules of the association. This paragraph
231 does not apply to that portion of common areas used to provide
232 access or utility services to the parcel. A suspension may not
233 prohibit an owner or tenant of a parcel from having vehicular
234 and pedestrian ingress to and egress from the parcel, including,
235 but not limited to, the right to park.
236 (b) A fine or suspension levied by the board of
237 administration may not be imposed unless the board first
238 provides at least 14 days' written notice of the parcel owner's
239 right to a hearing to the parcel owner at his or her designated
240 mailing or e-mail address in the association's official records
241 and, if applicable, to any occupant, licensee, or invitee of the
242 parcel owner, sought to be fined or suspended. Such and a
243 hearing must be held within 30 days after issuance of the notice
244 before a committee of at least three members appointed by the
245 board who are not officers, directors, or employees of the
246 association, or the spouse, parent, child, brother, or sister of
247 an officer, director, or employee. The committee may hold the
248 hearing by telephone or other electronic means. The notice must
249 include a description of the alleged violation; the s pecific
250 action required to cure such violation, if applicable; and the

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251 hearing date, and location, and access information if held by
252 telephone or other electronic means of the hearing. A parcel
253 owner has the right to attend a hearing by telephone or other
254 electronic means.
255 (c) If the committee, by majority vote, does not approve a
256 proposed fine or suspension, the proposed fine or suspension may
257 not be imposed. The role of the committee is limited to
258 determining whether to confirm or reject the fine or sus pension
259 levied by the board.
260 (d) Within 7 days after the hearing, the committee shall
261 provide written notice to the parcel owner at his or her
262 designated mailing or e-mail address in the association's
263 official records and, if applicable, any occupant, li censee, or
264 invitee of the parcel owner, of the committee's findings related
265 to the violation, including any applicable fines or suspensions
266 that the committee approved or rejected, and how the parcel
267 owner or any occupant, licensee, or invitee of the parce l owner
268 may cure the violation, if applicable, or fulfill a suspension,
269 or the date by which a fine must be paid.
270 (e) If a violation is found by the committee, but has been
271 cured before the hearing or in the manner specified in the
272 written notice required in paragraph (b) or paragraph (d), a
273 fine or suspension may not be imposed.
274 (f)(e) If a violation found by the committee is not cured
275 and the proposed fine or suspension levied by the board is

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276 approved by the committee by a majority vote, the committee must
277 set a date by which the fine must be paid, which date must be at
278 least 30 days after delivery of the written notice required in
279 paragraph (d).
280 (g) If a violation is found by the committee and the
281 proposed fine or suspension levied by the board is approved by
282 the committee and the violation is not cured or the fine is not
283 paid per the written notice required in paragraph (d),
284 reasonable attorney fees and costs may be awarded to the
285 association. Attorney fees and costs may not begin to accrue
286 until after the date noticed for payment under paragraph (d) and
287 the time for an appeal has expired.
288 (h) Upon receipt of a payment for any outstanding fines
289 from a parcel owner or any occupant, licensee, or invitee of the
290 parcel owner, the board must apply the payment first to the fine
291 before satisfying any other amounts due to the association.
292 Attorney fees and costs may not continue to accrue after a
293 parcel owner or any occupant, licensee, or invitee of the parcel
294 owner pays the fine.
295 (i) A parcel owner or any occupant, licensee, or invitee
296 of the parcel owner may request a hearing before the board to
297 dispute the reasonableness of the attorney fees and costs
298 awarded to the association.
299 (7) If an association allows a fine to be levied for an
300 infraction relating to lawn, landscaping, or grass maintenance,

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301 such fine may not become a lien on a parcel.
302 (8) If an association allows a fine to be levied or a
303 suspension to be imposed against a parcel owner or an occupant,
304 a licensee, a guest, or an invitee of the parcel owner for a
305 traffic infraction, such infraction must be determined and
306 issued by a board-approved nonaffiliated third party
307 specializing in traffic infractions before such fine may be
308 levied or suspension imposed. A fine for a traffic infractio n
309 may not become a lien on a parcel. However, a fine may not be
310 imposed against a parcel owner for a speeding violation
311 committed by his or her occupant, licensee, guest, or invitee.
312 For purposes of this paragraph, the term "traffic infraction"
313 means a noncriminal violation of parking and traffic rules
314 adopted by the state, county, municipality, or association.
315 (9) Notwithstanding any provision to the contrary in an
316 association's governing documents, an association may not levy a
317 fine or impose a suspension for any of the following:
318 (a) Leaving garbage receptacles at the curb or end of the
319 driveway within 24 hours before or after the designated garbage
320 collection day or time.
321 (b) Leaving holiday decorations or lights on a structure
322 or other improvement on a parcel longer than indicated in the
323 governing documents, unless such decorations or lights are left
324 up for longer than 1 week after the association provides written
325 notice of the violation to the parcel owner.

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326 (10) An association may not enforce a new rule or covenant
327 against a parcel owner for an action that took place before the
328 new rule or covenant was enacted fine payment is due 5 days
329 after notice of the approved fine required under paragraph (d)
330 is provided to the parcel owner and, if applicable, to any
331 occupant, licensee, or invitee of the parcel owner. The
332 association must provide written notice of such fine or
333 suspension by mail or hand delivery to the parcel owner and, if
334 applicable, to any occupant, licensee, or invitee of the parcel
335 owner.
336 Section 5. Subsection (3) of section 720.3075, Florida
337 Statutes, is amended, and paragraph (c) is added to subsection
338 (4) of that section, to read:
339 720.3075 Prohibited clauses in association documents.—
340 (3) Homeowners' association documents, including
341 declarations of covenants, articles of incorporation, or bylaws,
342 may not preclude:
343 (a) The display of up to two portable, removable flags as
344 described in s. 720.304(2)(a) by property owners. However, all
345 flags must be displayed in a respectful manner consistent with
346 the requirements for the United States flag under 36 U.S.C.
347 chapter 10.
348 (b) A property owner or a tenant, a guest, or an invitee
349 of the property owner from parking his or her personal vehicle,
350 including a pickup truck, in the property owner's driveway, in

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351 common parking lots, on public roads and rights-of-way, or in
352 any other area at which the property owner or the property
353 owner's tenant, guest, or invitee has a right to park. The
354 homeowners' association documents, including declaratio ns of
355 covenants, articles of incorporation, or bylaws, may not
356 prohibit a property owner or a tenant, a guest, or an invitee of
357 the property owner from parking his or her work vehicle, which
358 is not a commercial motor vehicle as defined in s. 320.01(25),
359 in the property owner's driveway.
360 (c) A property owner from inviting, hiring, or allowing
361 entry to a contractor or worker on the owner's parcel solely
362 because the contractor or worker is not on a preferred vendor
363 list of the association. Additionally, homeowners' association
364 documents may not preclude a property owner from inviting,
365 hiring, or allowing entry to a contractor or worker on his or
366 her parcel solely because the contractor or worker does not have
367 a professional or an occupational license. The association may
368 not require a contractor or worker to present or prove
369 possession of a professional or an occupational license to be
370 allowed entry onto a property owner's parcel.
371 (d) Operating a vehicle that is not a commercial motor
372 vehicle as defined in s. 320.01(25) in conformance with state
373 traffic laws, on public roads or rights-of-way or the property
374 owner's parcel.
375 (e) A property owner from installing code-compliant

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376 hurricane protection or home hardening, such as hurricane
377 shutters, impact glass, code-compliant windows or doors, or
378 other similar protection that complies with or exceeds the
379 applicable building code.
380 (f) A property owner from installing a metal roof,
381 artificial turf, vegetable garden, or clotheslines or other
382 energy-efficient device.
383 (4)
384 (c) Homeowners' association documents, including
385 declarations of covenants, articles of incorporation, or bylaws,
386 may not limit landscaping to grass-only or grass-majority lawns,
387 or issue a mandatory watering schedule to property owners.
388 However, the association's documents may generally require that
389 a property owner keep any lawn, landscaping, and grass on the
390 property owner's parcel well-maintained.
391 Section 6. Subsection (3) of section 720.308, Florida
392 Statutes, is amended, and subsection (7) is added to that
393 section, to read:
394 720.308 Assessments and charges.—
395 (3) MAXIMUM LEVEL OF ASSESSMENTS.—
396 (a) The stated dollar amount of the guarantee must shall
397 be an exact dollar amount for each parcel identified in the
398 declaration. Regardless of the stated dollar amount of the
399 guarantee, assessments charged to a member may shall not exceed
400 the maximum obligation of the member based on the total amount

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401 of the adopted budget and the member's proportionate share of
402 the expenses as described in the governing documents.
403 (b) Notwithstanding more restrictive limitations placed on
404 the board by the governing documents and paragraph (c), the
405 board may not impose a regular assessment that is more than 10
406 percent greater than the regular assessment for the
407 association's preceding fiscal year or impose special
408 assessments that in the aggregate exceed 5 percent of the
409 budgeted gross expenses of the association for that fiscal year
410 without the approval of 75 percent of voting members at a member
411 meeting.
412 (c) The board may increase regular assessments beyond the
413 limits in paragraph (b) if the board can prove that such
414 increase is necessary for the immediate physical protection of
415 property or public safety.
416 (7) LIENS.—An assessment that amounts to less than 1
417 percent of the parcel's property value at the time of the
418 assessment may not become a lien against the parcel or the basis
419 of a claim of lien against a parcel without the approval of 75
420 percent of voting members at a member meeting.
421 Section 7. Section 720.318, Florida Statutes, is amended
422 to read:
423 720.318 Law enforcement vehicles.—An association may not
424 prohibit a law enforcement officer, as defined in s. 943.10(1),
425 who is a parcel owner, or who is a tenant, guest, or invitee of

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426 a parcel owner, from parking his or her assigned law enforcement
427 vehicle in an area where the parcel owner, or the tenant, guest,
428 or invitee of the parcel owner, otherwise has a right to park ,
429 including on public roads or rights-of-way.
430 Section 8. This act shall take effect July 1, 2024.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1203 Homeowners' Associations
SPONSOR(S): Esposito and others
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin 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 where membership is a mandatory. 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. In Florida, approximately 45
percent of homes are part of an HOA.

The bill:
 Clarifies that directors and officers are subject to the general standards for directors outlined in the
Florida Not For Profit Corporation Act.
 Allows HOA members to make a written request for a detailed accounting of any amounts owed to the
HOA, and the HOA must provide such information or else the board forfeits any outstanding fine.
 Requires that an HOA or Architecture Review Committees (ARCs) allow homeowners to appeal a
decisions of the ARC.
 Allows fines or suspensions to be canceled if a violation has been cured.
 Prohibits certain fines from becoming a lien on a parcel such as: lawn, landscaping, grass
maintenance, and traffic violations.
 Prohibits fines from being aggregated to create a lien against a parcel; and only allows a fine or an
assessment of less than 1 percent of a parcel's property value at the time the fine was levied to
become a lien against the parcel if approved by 75 percent of the total membership of parcel owners;
 Prohibits HOAs from issuing fines:
o based on traffic infractions that were not committed by the parcel owner,
o based on leaving garbage receptacles on the street for a certain time period, and
o based on leaving holiday decorations or lights up under certain circumstances.
 Prohibits an HOA from preventing a homeowner from installing or displaying vegetable gardens and
clotheslines in areas not visible from the frontage or adjacent parcels.
 Provides that without the approval of 75% of the voting members at a member meeting, the HOA may
not impose:
o A regular assessment that is more than 10 percent greater than the regular assessment for the
HOA's preceding fiscal year unless it can be shown that a higher increase is necessary for
property protection and public safety, or
o Special assessments that in the aggregate exceed 5 percent of the budgeted gross expenses of
the HOA for that fiscal year.

The bill has no fiscal impact on state or 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 .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
by an elected board of directors. The powers and duties of an HOA include the powers and duties
provided in the HOA Act, and in the association’s governing documents, which include the recorded
covenants and restrictions, together with the bylaws, articles of incorporation, and duly adopted
amendments to those documents.3

After control of the HOA is obtained by members other than the developer, the HOA may institute,
maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters
of common interest to the members. The HOA may defend actions in eminent domain or bring inverse
condemnation actions. Any individual member or class of members may bring any action without
participation by the HOA, but a member does not have authority to act for the HOA by virtue of being a
member.4

HOA Governing Documents

An HOA’s governing documents include the:
 Recorded declaration of covenants for a community and all duly adopted amendments thereto;
 HOA’s articles of incorporation and bylaws and any duly adopted amendments thereto; and
 Rules and regulations adopted under the authority of the recorded declaration, articles of
incorporation, or bylaws and any duly adopted amendments thereto. 6

The declaration of covenants, much like a constitution, establishes the community’s basic covenants
and restrictions.7 The articles of incorporation establish the HOA’s existence, basic structure, and

1 S. 720.301(9), F.S.
2 Patrick Regan, “45% of Florida Homes Are Part of an HOA, the Highest Percentage in the Nation.” South Florida Agent Magazine,

Apr. 21, 2023, https://southfloridaagentmagazine.com/2023/04/20/45-of-florida-homes-are-part-of-an-hoa-the-highest-percentage-in-
the-nation/ (last visited Jan. 12, 2024).
3 See generally ch. 720, F.S.
4 S. 720.303(1), F.S.
5 S. 720.311, F.S.
6 S. 720.301(8), F.S.
7 Joseph Adams, HOA Governing Documents Explained (July 1, 2018), https://www.floridacondohoalawblog.com/2018/07/01/hoa-

governing-documents-explained/ (last visited Jan. 9, 2024).
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governance.8 The bylaws govern the HOA’s operation and administration, while the rules and
regulations typically supplement the other documents, addressing matters of everyday policy. 9

Unless otherwise provided in the governing documents or required by law, an HOA’s governing
documents may be amended by the affirmative vote of two-thirds of the HOA’s voting interests.10 Within
30 days after recording a governing document amendment, the HOA must give its members copies
thereof unless a copy was provided to the members before the vote on the amendment, in which case
the HOA must only provide the members with notice of the amendment’s adoption. 11

Official Records

An HOA must maintain each of the following items, when applicable, which constitute the official
records of the HOA:12
 A copy of the HOA’s governing documents:
o declaration of covenants and each amendment,
o bylaws and each amendment,
o articles of incorporation and each amendment, and
o current rules.
 Copies of any plans, specifications, permits, and warranties related to improvements
constructed on the common areas or other property that the HOA is obligated to maintain,
repair, or replace.
 The minutes of all meetings of the board of directors and of the members, which minutes must
be retained for at least 7 years.
 A current roster of all members and their designated mailing addresses and parcel
identifications. A member's designated mailing address is the member's property address,
unless the member has sent written notice to the association requesting that a different mailing
address be used for all required notices.
o The association shall also maintain the e-mail addresses and the facsimile numbers
designated by members for receiving notice sent by electronic transmission of those
members consenting to receive notice by electronic transmission. A member's e-mail
address is the e-mail address the member provided when consenting in writing to
receiving notice by electronic transmission, unless the member has sent written notice to
the association requesting that a different e-mail address be used for all required
notices. The e-mail addresses and facsimile numbers provided by members to receive
notice by electronic transmission must be removed from association records when the
member revokes consent to receive notice by electronic transmission.
 All of the HOA’s insurance policies, which must be retained for at least 7 years.
 A current copy of all contracts to which the HOA is a party, including, without limitation, any
management agreement, lease, or other contract under which the HOA has any obligation or
responsibility.
o Bids received by the HOA for work to be performed must also be considered official
records and must be kept for a period of 1 year.
 The financial and accounting records of the HOA, kept according to good accounting practices.
All financial and accounting records must be maintained for a period of at least 7 years. The
financial and accounting records must include:
o Accurate, itemized, and detailed records of all receipts and expenditures.
o A current account and a periodic statement of the account for each member, designating
the name and current address of each member who is obligated to pay assessments,
the due date and amount of each assessment or other charge against the member, the
date and amount of each payment on the account, and the balance due.
o All tax returns, financial statements, and financial reports of the HOA.
o Any other records that identify, measure, record, or communicate financial information.

8 Id.
9 Id.
10 S. 720.306(1), F.S.
11 Id.
12 S. 720.303(4), F.S.

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 A copy of the disclosure summary.
 Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to
voting by parcel owners, which must be maintained for at least 1 year after the date of the
election, vote, or meeting.
 All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.
 All other written records of the HOA which are related to the operation of the HOA.

The HOA bylaws must require the HOA to post all notices of board meetings in a conspicuous place in
the community at least 48 hours in advance of a meeting, except in an emergency.13

Access to Official Records

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

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

If the HOA has a photocopy machine available where the records are maintained, it must provide
parcel owners with copies on request during the inspection if the entire request is limited to no more
than 25 pages. However, an HOA may impose fees to cover the costs of providing copies of the official
records.14 An association must allow a member or authorized representative to use a portable device,
including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking
photographs, to make an electronic copy of the official records in lieu of providing the member or
authorized representative with a copy of such records. The association may not charge a fee to a
member or his or her authorized representative for the use of a portable device. 15

The failure of an association to provide access to the records within 10 business days after receipt of a
written request submitted by certified mail, return receipt requested, creates a rebuttable presumption
that the association willfully failed to comply with this requirement.16

A member who is denied access to official records is entitled to the actual damages or minimum
damages for the HOA’s willful failure to comply with this requirement. The minimum damages are to be
$50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of
the written request.17

The HOA may adopt reasonable written rules governing the frequency, time, location, notice, records to
be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any
proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to
inspect records to less than one 8-hour business day per month.18

The following records are not accessible to members or parcel owners: 19

13 S. 720.303(2)(c), F.S.
14 The association may impose fees to cover the costs of providing copies of the official records, including the costs of copyin g and the

costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records excee ds one-half hour
and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the
copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the assoc iation's photocopier.
S. 720.303(5)(c), F.S.
15 S. 720.303(5), F.S.
16 S. 720.303(5)(a), F.S.
17 S. 720.303(5)(b), F.S.
18 S. 720.303(5)(c), F.S.
19 S. 720.303(5)(c)1.-9., F.S.

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DATE: 1/14/2024
 Any record protected by the lawyer-client privilege as described in s. 90.502, F.S., and any
record protected by the work-product privilege.
 Information obtained in connection with the approval of the lease, sale, or other transfer of a
parcel.
 Information obtained in a gated community in connection with guests’ visits to parcel owners or
community residents.
 Personnel records of HOA or management company employees.
 Medical records of parcel owners or community residents.
 Personal identifying information of a parcel owner other than as provided for HOA notice
requirements, excluding the person’s name, parcel designation, mailing address, and property
address.
 Any electronic security measure that is used to safeguard data, including passwords.
 The software and operating system which allows the manipulation of data; however, the data is
part of the official records.
 All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.

Powers and Duties of Officers and Directors – Current Situation

The officers and directors of an HOA have a fiduciary relationship to the members who are served by
the HOA.20 An officer, director, or manager may not solicit, offer to accept, or accept any good or
service of value for which consideration has not been provided for his or her benefit or for the benefit of
a member of his or her immediate family from any person providing or proposing to provide goods or
services to the HOA.21 If the board finds that an officer or director has violated this condition, the board
must immediately remove the officer or director from office. The vacancy must be filled according to law
until the end of the director’s term of office.

However, an officer, director, or manager may accept food to be consumed at a business meeting with
a value of less than $25 per individual or a service or good received in connection with trade fairs or
education programs.22

If the HOA enters into a contract or other transaction with any of its directors or a corporation, firm,
association that is not an affiliated HOA, or other entity in which a director is also a director or officer or
is financially interested, the board must:23
 Comply with the requirements for conflicts of interest in a corporation not for profit.24
 Enter certain disclosure requirements into the written minutes of the meeting.
 Approve the contract or other transaction by an affirmative vote of two-thirds of the directors
present.
 At the next regular or special meeting of the members, disclose the existence of the contract or
other transaction to the members. Upon motion of any member, the contract or transaction must
be brought up for a vote and may be canceled by a majority vote of the members present. If the
members cancel the contract, the HOA is only liable for the reasonable value of goods and
services provided up to the time of cancellation and is not liable for any termination fee,
liquidated damages, or other penalty for such cancellation.

Powers and Duties of Officers and Directors – Effect of the Bill

The bill clarifies that the officers and directors of an HOA are subject to the general standards for
directors outlined in section 617.0830 of the Florida Not for Profit Corporation Act. HOA directors were

20 S. 720.303(1), F.S.
21 However, an officer, director, or manager may accept food to be consumed at a business meeting with a value of less than $25 per

individual or a service or good received in connection with trade fairs or education programs. S. 720.303(3), F.S.
22 S. 720.3033(3), F.S.
23 S. 720.3033(2), F.S.
24 A contract or transaction with a conflict of interest is not voidable if the relationship or interest is disclosed or known to the board; the

board authorized, approved, or ratified it by vote or written consent; or the contract or transaction is fair and reasonable at the time it is
authorized. Such contract or transaction must be authorized, approved, or ratified by a majority of the directors on the boar d who have
no relationship or interest in such transaction. S. 617.0832, F.S.
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DATE: 1/14/2024
likely obligated to comply with these standards under current law as long as they were not inconsistent
with the provisions of the HOA governing documents, but the bill would expand the standards to HOA
officers and require HOA governing provisions to be consistent with the director standards outlined in
section 617.0830 of the Florida Not for Profit Corporation Act. Under the bill, officers and directors
would be required to discharge their duties:
 In good faith25;
 With the care an ordinarily prudent person in a like position would exercise under similar
circumstances; and
 In a manner he or she reasonably believes to be in the best interests of the corporation.

The bill also provides that in discharging his or her duties, officers and directors would be permitted to
rely on information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by:
 One or more officers or employees of the corporation whom the director reasonably believes to
be reliable and competent in the matters presented;
 Legal counsel, public accountants, or other persons as to matters the director reasonably
believes are within the persons' professional or expert competence; or
 A committee of the board of directors of which he or she is not a member if the director
reasonably believes the committee merits confidence.

The bill also provides officers and directors are not liable for any action taken as an officer or director,
or any failure to take any action, if he or she performed the duties of his or her office in compliance with
standards outlined in section 617.0830 of the Florida Not for Profit Corporation Act.

Accounting of Balance Due- Current Situation

The HOA’s financial and accounting records are considered official records and must be maintained by
the HOA as discussed above.26 More specifically, the HOA is required to maintain the current account
and a periodic statement of the account for each member, designating the name and current address of
each member who is obligated to pay assessments, the due date and amount of each assessment or
other charge against the member, the date and amount of each payment on the account, and the
balance due. These records are available upon written request for the requester to inspect and copy.
Currently, Florida Law does not require an HOA to give a detailed accounting to an individual of any
amounts he or she owes to the HOA.

Accounting of Balance Due- Effect of the Bill

The bill provides that a parcel owner or any occupant, licensee, or invitee of the parcel may, at any
time, make a written request to the board for a detailed accounting of any amounts he or she owes to
the association and the board shall provide such information within 10 days after receipt of the written
request. Failure by the board to respond to a written request for a detailed accounting constitutes a
complete waiver of any outstanding fines of the person who requested such accounting.

HOA Architectural and Construction Improvement Covenants and Rules - Current Situation

If the governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:27
 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.

25 S. 617.0830(3), F.S. provides an example of when a director or officer is not acting in good faith. A director or officer is not acting in

good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by s. 617.083 0 (2),
F.S. unwarranted.
26 S. 720.303(4), F.S.
27 S. 720.3035(1), F.S.

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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. 28

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.30

HOA Architectural and Construction Improvement Covenants and Rules – Effect of the Bill

The bill prohibits an HOA or ARC from enforcing or adopting a covenant, rule, or guideline that:
 Limits or places requirements on the interior of a structure that is not visible from the parcel's
frontage or an adjacent parcel.
 Requires the review and approval of plans and specifications for a central air-conditioning,
refrigeration, heating, or ventilating system by the association or any architectural, construction
improvement, or other such similar committee of an association, if such system is not visible from
the parcel's frontage and is substantially similar to a system that is approved or recommended by
the association or a committee thereof.

The bill provides that if parcel owner’s rights and privileges have been unreasonably infringed upon or
impaired by a decision concerning the architectural use of his or her parcel or the construction of
permitted structures and improvements on such parcel by the HOA or ARC, the HOA must provide the
parcel owner with the ability to appeal such decision to an appeals committee that consists of at least
three members appointed by the board. The members of the appeals committee cannot be:
 An officer,
 Director,
 An employee of the association, or
 Members of the ARC.

Furthermore, the bill provides that appeals committee has the right to reverse, modify, or affirm the
decision being appealed. A parcel owner may appeal a decision of the HOA or ARC within 90 days
after the owner receives written notification of the initial decision. The bill requires that the appeals
committee must make a decision on the issue under appeal within 60 days after receiving a parcel
owner’s request for appeal.

Prohibited Clauses in Governing Documents- Current Situation

Under current Florida law, HOAs may not restrict the installation, display and storage of any items on a
parcel that are not visible from the parcel’s frontage or an adjacent parcel, unless the item is prohibited
by general law or local ordinance. Such items include, but are not limited to:31
 Artificial turf;
 Boats;
 Flags; and
 Recreational vehicles.

28 S. 720. 3035(2), F.S.
29 S. 720.3035(4), F.S.
30 S. 720.3035(5), F.S.
31 S. 720.3045, F.S.

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HOA governing documents may not prohibit:
 A homeowner from displaying up to two portable, removable flags in a respectful manner.
However, all flags must be displayed in a respectful manner consistent with the requirements for
the United States flag.32
 Any property owner from implementing Florida-friendly landscaping33 on his or her land or create
any requirement or limitation in conflict with any provision of part II of chapter 373 regarding the
permitting of consumptive uses of water or a water shortage order, other order, consumptive use
permit, or rule adopted or issued pursuant to part II of chapter 373.

Furthermore, HOAs are prohibited from a preventing a law enforcement officer 34 who is a parcel owner,
or who is a tenant, guest, or invitee of a parcel owner, from parking his or her assigned law
enforcement vehicle where the parcel owner, or the tenant, guest, or invitee of the parcel owner has a
right to park.

Prohibited Clauses in Governing Documents - Effect of the Bill

The bill expands the list of items that an HOA is prohibited from preventing a homeowner from
installing, displaying, or storing on their property to allow vegetable gardens and clotheslines in areas
not visible from the frontage or adjacent parcels.

The bill provides that HOA governing documents cannot prohibit:
 a property owner, a guest, tenant, or invitee from parking his or her personal vehicle, including a
pickup truck:
o in the property owner's driveway,
o in common parking lots,
o on public roads and rights-of-way, or
o in any other area at which the property owner or the property owner's tenant, guest, or
invitee has a right to park.
 a property owner, a guest, tenant, or invitee from parking his or her work vehicle, which is not a
commercial motor vehicle35, in the property owner's driveway.
 a property owner from inviting, hiring, or allowing entry to a contractor or worker on the owner's
parcel solely because the contractor or worker is not on a preferred vendor list of the HOA.
 a property owner from inviting, hiring, or allowing entry to a contractor or worker on his or her
parcel solely because the contractor or worker does not have a professional or an occupational
license. The HOA may not require a contractor or worker to present or prove possession of a
professional or an occupational license to be allowed entry onto a property owner's parcel.
 a property owner from installing code-compliant hurricane protection or home hardening, such as
hurricane shutters, impact glass, code-compliant windows or doors, or other similar protection
that complies with or exceeds the applicable building code.
 a property owner from installing a metal roof, artificial turf, vegetable garden, or clotheslines or
other energy-efficient device.36

The bill provides that HOA documents may not limit landscaping to grass-only or grass-majority lawns,
or issue a mandatory watering schedule to property owners. However, the HOA's documents may
generally require that a property owner keep any lawn, landscaping, and grass on the property owner's
parcel well-maintained.

32
S. 720.3075(3), F.S.
33 Defined in s. 373.185, F.S.
34 A law enforcement officer is defined in s. 943.10(1), F.S.
35 “Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or

motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles
regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight . S.
320.0, F.S.

36 Similar to s. 163.04(2), F.S regarding local governments.
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DATE: 1/14/2024
The bill clarifies that homeowners or their tenant, guest, or invitee may park their assigned law
enforcement vehicle on public roads or rights-of-way within the HOA.

The bill also states that an HOA is prohibited from enforcing a new rule or covenant against a parcel
owner for an action that took place before the new rule or covenant was enacted.

Fines and Suspension- Current Situation

Owners, tenants, and guests must comply with an HOA’s declaration, bylaws, and rules. HOAs may
levy fines against or suspend the right of a parcel owner, occupant, or a guest of an owner or occupant,
to use the common areas 37 or any other association property for failing to comply with any provision in
the HOA’s governing documents. A suspension for failing to comply with an HOA’s declaration, bylaws,
or rules may not be for an unreasonable amount of time.38

An HOA may levy reasonable fines for violations of the declaration, bylaws, or reasonable rules of the
HOA. No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of
a continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
exceed $1,000 if the HOA’s governing documents authorize it. Fines may not become a lien on the
property unless the fines exceed $1,000.39

Before an HOA levies a fine or a suspension, it must give the person receiving the fine or suspension at
least 14 days’ notice of an opportunity for a hearing. Notice must be provided at the designated mailing
or e-mail address in the HOA's official records. A hearing before a committee of at least three members
appointed by the board who are not officers, directors, or employees of the association, or the spouse,
parent, child, brother, or sister of an officer, director, or employee must be provided. The notice must
include a description of the alleged violation, the specific action required to cure such violation, and the
date and location of the hearing. A parcel owner has the right to attend a hearing by telephone or other
electronic means.

A fine and suspension committee of at least three members selected by the board must hold a hearing
to reject or approve the fine or suspension. Board directors, officers, and employees of the HOA and
family of such people may not serve on the committee. The committee must approve the fine or
suspension by majority vote otherwise the proposed fine or suspension may not be imposed. 40 After the
hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing
or e-mail address in the association's official records of the parcel owner, of the committee's findings
related to the violation, including any applicable fines or suspensions that the committee approved or
rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure
the violation, if applicable.41

If the proposed fine or suspension levied by the board is approved by the committee by a majority vote,
the fine payment is due 5 days after notice of the approved fine is provided to the parcel owner and, if
applicable, to any occupant, licensee, or invitee of the parcel owner. Written notice of the fine or
suspension must be provided to the person by mail or hand delivery. 42

If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due
to the HOA, the HOA may suspend the rights of the member, or the member’s tenant, guest, or invitee,
to use common areas and facilities 43 until it is paid in full.

37 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.
38 S. 720.305(2), F.S.
39 S. 720.305(2), F.S.
40 Id.
41 Id.
42 Id.
43 A suspension may not prohibit an owner or tenant of a parcel from having access a portion of common areas used to provide acc ess

or utility services to the parcel, or from having vehicular and pedestrian ingress to and egress from the parcel. S. 720.305(4), F.S.
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An HOA may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or
other monetary obligation due to the HOA that is more than 90 days delinquent. The suspension ends
upon full payment of all obligations currently due or overdue to the HOA.44

The notice and hearing requirements for levying fines do not apply to a suspension imposed for
delinquent payment.45

All suspensions imposed for delinquent payment of any fee, fine, or other monetary obligation due to
the HOA must be approved at a properly noticed board meeting. Upon approval, the HOA must send
written notice to the parcel owner and, if applicable, the parcel's occupant, licensee, or invitee by mail
or hand delivery to the parcel owner's designated mailing or e-mail address in the association's official
records.46

Fines and Suspension- Effect of the Bill

Levying Fines

The bill requires that a fine or suspension levied by the board of administration may not be imposed
unless the board first provides at least 14 days’ written notice of the parcel owner’s right to a
hearing. Furthermore, the bill requires that the hearing must be held within 30 days after issuance of
the notice. The bill provides that the committee is authorized to hold the hearing by telephone or other
electronic means. If the hearing is held by telephone or other electronic means, the notice must include
the access information required to attend the telephonic conference or the electronic medium.

The bill provides that the committee must provide a written notice of the committee's findings related to
the violation to the applicable person described in the statute within 7 days after the hearing. If
applicable, the written notice of the committee’s findings is required to provide instructions on how the
parcel owner or any occupant, licensee, or invitee of the parcel owner to fulfill a suspension, or the
date by which a fine must be paid.

The bill provides new procedures for imposing a fine:
 If a violation is found by the committee, but has been cured before the hearing or as specified in
the applicable written notice, a fine or suspension may not be imposed.
 The HOA must indicate on the notice of fine the date it is due, and it must be at least 30 days
after the notice is delivered.
 Prohibits attorney fees and costs from accruing until after the due date for the fine and time for
an appeal has expired.
 Upon receipt of a payment for any outstanding fines, the HOA must apply the payment first to the
fine before satisfying any other amounts due to the HOA. Attorney fees and costs may not
continue to accrue after the fine is paid.
 A parcel owner or any occupant, licensee, or invitee may request a hearing before the board to
dispute the reasonableness of the attorney fees and costs awarded to the HOA.

Limitations on Fines

The bill limits when an HOA may impose a fine. The bill provides that:
 A fine may not be imposed against a parcel owner for a speeding violation committed by his or
her occupant, licensee, guest, or invitee.

44 S. 720.305(4), F.S.
45 S. 720.305(3), (4), F.S.
46 S. 720.305(5), F.S.

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DATE: 1/14/2024
 If an HOA allows a fine to be levied or a suspension to be imposed against a parcel owner or an
occupant, a licensee, a guest, or an invitee for a traffic infraction47, such infraction must be
determined and issued by a board-approved nonaffiliated third party specializing in traffic
infractions.
 HOAs may not issue a fine or suspension for:
o Leaving garbage receptacles at the curb or end of the driveway less than 24 hours before
or after the designated garbage collection day or time.
o Leaving holiday decorations or lights up longer than indicated in the governing documents,
unless such decorations or lights are left up for longer than 1 week after the association
provides written notice of the violation to the parcel owner.

The bill restricts when an HOA fine can become a lien:
 A fine that amounts to less than 1 percent of the parcel’s property value at the time the fine was
levied may only become a lien against the parcel with the approval by 75 percent of the total
membership of parcel owners, and fines may not be aggregated to create a lien against a parcel.
 If an HOA allows a fine to be levied for an infraction relating to lawn, landscaping, or grass
maintenance, such fine may not become a lien on a parcel.

Assessments and Charges- Current Situation

Overview

Current law gives HOAs the ability to levy and collect assessments 48 from unit or parcel owners. This
allows the association to carry out its responsibility for the association’s management, operation, and
maintenance.49 In addition to levying assessments, HOAs also have the power to establish the time
when each assessment is due, including when an assessment becomes delinquent. 50

The most common assessments are those required to fund an HOA’s common expenses identified in
an HOA’s annual budget. The amount to fund the common expenses and the assessments required to
meet that amount are determined when an association’s budget is adopted.51 In contrast, a special
assessment is an assessment levied against unit or parcel owners for unexpected expenses that are
over and above those anticipated by the annual budget. 52

When the amount of an assessment has been determined, the association must establish a payment
schedule for the owners in accordance with the association’s bylaws. The payments must be sufficient
to provide the funds necessary to pay all the anticipated operating expenses and all unpaid expenses
previously incurred.53

A unit or parcel owner may not avoid paying assessments by waiving the use of common elements or
services in the association. No unit or parcel owner may be relieved from liability for all or part of an
assessment.54 Boards must keep account of the assessments levied against every unit or parcel owner
and the assessments paid by every owner. These records are part of the association’s official
records.55

47
The term "traffic infraction" means a noncriminal violation of parking and traffic rules adopted by the state, county, municipality, or
association.
48 S. 720.301(1), F.S. provides that an “assessment” or “amenity fee” means a sum or sums of money payable to the association, t o the

developer or other owner of common areas, or to recreational facilities a nd other properties serving the parcels by the owners of one or
more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien again st the
parcel.
49 S. 720.301(1), and 720.308(1), F.S.
50 See generally, ch. 720, F.S.
51 S. 720.303(6)(a), F.S.
52 S. 720.303(6), F.S.
53 S.720.30851(1), F.S.
54 S. 720.3085(2)(a), F.S.
55 S. 720.303(4)-(5), F.S.

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Claim of Lien

An HOA may lien for all unpaid assessments, but not for all unpaid fines.56 An association may file a
claim of lien for a delinquent assessment with the Clerk of Court in the county where the association is
located. The claim of lien must state the legal description of the unit or parcel, the owner of the unit or
parcel, the association’s name and address, and the assessment amount owed and the due date. An
officer or agent of the association must sign the claim of lien. 57 A filed claim of lien is valid for one
year.58

Prior to filing a claim of lien, an HOA must give a unit or parcel owner the opportunity to pay a
delinquent assessment. At least 45 days before filing a claim of lien, an HOA must provide written
notice of the association’s intent to file a lien to the unit owner. The notice of intent to record a claim of
lien must include the following information:59

 The amount owed on the owner’s account;
 The interest rate for the amounts owed;
 A statement that the owner has 45 days after receipt of this notice to pay the amount owed or
the HOA will file a claim of lien against the unit or parcel; and
 A breakdown of the amount owed including:
o Maintenance costs due;
o Late fee, if applicable;
o Interest;
o Certified mail charges;
o Other costs; and
o Total amount owed.

The notice must be sent by certified or registered mail, return receipt requested, and by first-class mail
to the owner’s address listed in the official records. 60 If the address is different than the unit or parcel
address, the notice must also be sent to the unit or parcel. If the address is different than the unit or
parcel address and the address is outside the United States, the association may send the notice by
first class mail, instead of first class and certified/registered mail.

A unit or parcel owner may challenge a claim of lien by filing a notice of contest of lien with the Clerk of
Court. After a unit owner files a notice of contest, an association has 90 days to commence
enforcement of the lien.61

An HOA may bring an action to foreclose on a unit or parcel for unpaid assessments in circuit court in
the same way that a mortgage on real estate is foreclosed. The homestead protections provided by
Florida’s Constitution do not prevent the foreclosure and sale of a unit or parcel.62 In addition to an
action of foreclosure, an HOA may also bring a civil action to recover a money judgment for the unpaid
assessments without waiving any claim of lien. 63

Prior to foreclosing on a lien, a condominium association or an HOA must provide written notice to the
owner of its intent to foreclose on the lien. A condominium association must provide the notice at least
30 days before foreclosing on the lien. However, an HOA must give a parcel owner the written notice at
least 45 days before foreclosing on the lien. The notice must include the following information:64

 A claim of lien has been filed against the owner’s property for failing to pay an assessment(s);

56 An HOA has a lien on a parcel for a fine that is $1,000 or more. S. 720.305(2), F.S.
57 Ss. 720.301(1), and (11), 720.305(2), and 720.3085(1), F.S.
58 S. 713.22(1), F.S.
59 S. 720.3085(4), F.S.
60 S. 720.3085(4)(b), F.S.
61 S. 720.3085(1), F.S.
62 Bessemer v. Gersten, 381 So. 2d 1344, 1347 (Fla. 1980).
63 S. 720.3085(1) F.S.
64 Ss. 718.116(6)(a) and 720.3085(5), F.S.

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DATE: 1/14/2024
 The association intends to foreclose on the lien in 30 or 45 days;
 The total amount owed;
 The interest rate and the interest owed; and
 The contact information for the association’s attorney or representative.

Maximum Level of Assessments

Assessments charged to a member must not exceed the maximum obligation of the member based on
the total amount of the adopted budget and the member’s proportionate share of the expenses as
described in the governing documents.65 Currently in Florida, there is not a cap on how much an HOA
can raise assessments. However, the HOA’s governing documents may have specific provisions about
raising regular assessments or imposing special assessments. 66 California has placed a cap on how
much an HOA can increase assessments.67

Assessments and Charges- Effect of Bill

The bill prohibits the board from imposing a regular assessment that is 10 percent greater than the
regular assessment of the HOA’s previous fiscal year or imposing special assessments that as a whole
are valued more than 5 percent of the current fiscal year’s gross expense budget without the approval
of 75 percent of voting members at the meeting.

The bill also provides an exception to the cap on regular assessments described above. The exception
states that the board has the right to increase regular assessments if the board can prove that such
increase is necessary for the immediate physical protection of property or public safety. This may
include an emergency that creates a threat to the health or safety of the members or of the association.

The bill prohibits assessments below 1 percent of the property value at the time of the assessment,
from becoming a lien on a property without the approval of 75 percent of voting members at a member
meeting.

B. SECTION DIRECTORY:
Section 1: Amends s. 720.303, F.S., relating to requirements for HOA officers and directors and to
provide an accounting.
Section 2: Amends s. 720.3035, F.S., relating to architectural control covenants.
Section 3: Amends s. 720.3045, F.S., relating to installation, display, and storage of items.
Section 4: Amends s. 720.305, F.S., relating to HOA fines and appeals.
Section 5: Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.
Section 6: Amends s. 720.308, F.S., relating to assessments and charges.
Section 7: Amends s. 720.318, F.S., relating to law enforcement vehicles.
Section 8: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

65 S. 720.308(3).
66, Dania S. Fernandez, “How Much Can an HOA Raise Dues Each Year in Florida?”, Dania Fernandez and Associates, P.A., Feb. 26,

2021, www.daniafernandez.com/2021/03/30/how-much-can-an-hoa-raise-dues-each-year-in-florida/ (last visited Jan. 12, 2024).
67 California Civil Code § 5605.

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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce fines paid by members to the HOA.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
Impairment of Contracts and Due Process

Both the Florida and the United States Constitutions prohibit the state from passing a law impairing
contractual obligations.68 However, the Legislature may provide that a non-criminal law, including
one that affects existing contractual obligations, applies retroactively in certain situations. 69 In
determining whether a law may be applied retroactively, courts first determine whether the law is
procedural, remedial, or substantive in nature.70 A purely procedural or remedial law may apply
retroactively without offending the Constitution, but a substantive law generally may not apply
retroactively absent clear legislative intent to the contrary. 71 However, even where the Legislature
has expressly stated that a law will have retroactive application, a court may reject that application if
the law impairs a vested right, creates a new obligation, or imposes a new penalty. 72 Further, where
a law is designed to serve a remedial purpose, a court may decide not to apply the law retroactively
where doing so “would attach new legal consequences to events completed before its enactment.”73

Both the Florida and United States Constitutions prohibit the taking of life, liberty, or property without
due process of law.74 The right to contract, as long as no fraud or deception is involved and the
contract is otherwise legal, is both a liberty and a property right subject to due process protections,
and the impairment of contracts may, in certain instances, be viewed as the taking of property
without due process.75

68
U.S. Const. art. I, s. 10; Art. I, s. 10, Fla. Const.
69 U.S. Const. art. I, ss. 9 and 10; Art. 1, s. 10, Fla. Const.
70 A procedural law merely establishes the means and methods for applying or enforcing existing duties or rights. A remedial law

confers or changes a remedy, i.e., the means employed in enforcing an existing right or in redressing an injury. A substantive law
creates, alters, or impairs existing substantive rights. Windom v. State, 656 So. 2d 432 (Fla. 1995); St. John’s Village I, Ltd. v. Dept. of
State, 497 So. 2d 990 (Fla. 5th DCA 1986); McMillen v. State Dept. of Revenue, 74 So. 2d 1234 (Fla. 1st DCA 1999).
71 State Farm Mutual Automob ile Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995).
72 Menendez v. Progressive Exp. Ins. Co., Inc., 35 So. 3d 873 (Fla. 2010).
73 L. Ross, Inc. v. R.W. Rob erts Const. Co., 481 So. 2d 484 (Fla. 1986).
74 U.S. Const. amends. V and XIV; Art. I, s. 21, Fla. Const.
75 Miles v. City of Edgewater Police Dept., 190 So. 3d 171 (Fla. 1st DCA 2016); s ee, e.g., Griffin v. Sharpe, 65 So. 2d 751 (Fla. 1953)

(finding that a statute removing a specific deed restriction’s expiration date both impaired contracts and constituted a taking of private
property without due process).
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Whether some of bill’s language is procedural, remedial, or substantive, and whether such
modification implicates the constitutional right to contract or the constitutional right to due process, is
for the courts to decide.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h1203.RRS PAGE: 15
DATE: 1/14/2024
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 1203 by Rep. Esposito and Lopez, V.
Homeowners' Associations

AMENDMENT SUMMARY
January 17, 2024

Amendment 1 by Rep. Esposito (line 110):
• Clarifies that the board must respond to a written request for a
detailed accounting within 10 business days.
• Provides that after a person makes a written request for a detailed accounting, the
person may not ask for another detailed accounting for 90 calendar days.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1203 (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
6 Remove lines 110-118 and insert:
7 (13) REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner or
8 any occupant, licensee, or invitee of the parcel owner may make
9 a written request to the board for a detailed accounting of any
10 amounts he or she owes to the association and the board shall
11 provide such information within 10 business days after receipt
12 of the written request. After the parcel owner or any occupant,
13 licensee, or invitee of the parcel owner makes such written
14 request to the board, the person may not ask for another
15 detailed accounting for 90 calendar days. Failure by the board
16 to respond in 10 business days to a written request for a
671859 - 1203-line 110.docx
Published On: 1/16/2024 11:07:02 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1203 (2024)
Amendment No. 1

17 detailed accounting constitutes a complete waiver of any
18 outstanding fines of the person who requested such accounting .

671859 - 1203-line 110.docx
Published On: 1/16/2024 11:07:02 AM
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1 A bill to be entitled
2 An act relating to gaming control; amending s. 843.08,
3 F.S.; prohibiting a person from falsely personating
4 any personnel or representative from the Florida
5 Gaming Control Commission; providing a criminal
6 penalty; amending s. 849.01, F.S.; specifying a
7 violation of the prohibition against keeping a
8 gambling house must be committed knowingly; increasing
9 the criminal penalty for a violation; amending s.
10 849.15, F.S.; providing definitions; increasing the
11 criminal penalty for specified violations involving a
12 slot machine or device; creating s. 849.155, F.S.;
13 prohibiting a person from trafficking in slot machines
14 or devices; providing a criminal penalty; requiring a
15 court to order an offender to pay a specified fine if
16 he or she is convicted of trafficking in a specified
17 number of slot machines or devices; requiring any
18 fines imposed and collected to be deposited into the
19 Pari-mutuel Wagering Trust Fund to be used for
20 specified purposes; creating s. 849.157, F.S.;
21 prohibiting a person from making false statements or
22 disseminating false information regarding the legality
23 of a slot machine or device to facilitate the sale or
24 delivery of such device; providing criminal penalties;
25 repealing s. 849.23, F.S.; relating to penalties for

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26 specified violations; creating s. 849.47, F.S.;
27 prohibiting a person from, for profit or hire,
28 transporting or procuring the transportation of a
29 specified number of other persons for the purpose of
30 facilitating illegal gambling; providing criminal
31 penalties; defining the term “illegal gambling”;
32 creating s. 849.48, F.S.; prohibiting a person from
33 making or disseminating specified advertisements for
34 the purpose of promoting or facilitating illegal
35 gambling; prohibiting a person from setting up any
36 type or plate for specified advertisements when he or
37 she knows or reasonably should know such material will
38 be used for the purpose of promoting or facilitating
39 illegal gambling; providing a criminal penalty;
40 providing an exception; defining the term “illegal
41 gambling”; creating s. 849.49, F.S.; specifying that
42 the regulation of gambling is expressly preempted to
43 the state; providing an exception; amending s.
44 903.046, F.S.; requiring a court to consider the
45 amount of currency seized that is connected to
46 specified violations relating to illegal gambling when
47 determining bail; amending s. 921.0022, F.S.; ranking
48 offenses created by the act on the offense severity
49 ranking chart of the Criminal Punishment Code; re-
50 ranking specified offenses on the offense severity

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51 ranking chart of the Criminal Punishment Code;
52 providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 843.08, Florida Statutes, is amended to
57 read:
58 843.08 False personation.—A person who falsely assumes or
59 pretends to be a firefighter, a sheriff, an officer of the
60 Florida Highway Patrol, an officer of the Fish and Wildlife
61 Conservation Commission, an officer of the Department of
62 Environmental Protection, an officer of the Department of
63 Financial Services, any personnel or representative of the
64 Division of Investigative and Forensic Services, any personnel
65 or representative of the Florida Gaming Control Commission, an
66 officer of the Department of Corrections, a correctional
67 probation officer, a deputy sheriff, a state attorney or an
68 assistant state attorney, a statewide prosecutor or an assistant
69 statewide prosecutor, a state attorney investigator, a coroner,
70 a police officer, a lottery special agent or lottery
71 investigator, a beverage enforcement agent, a school guardian as
72 described in s. 30.15(1)(k), a security officer licensed under
73 chapter 493, any member of the Florida Commission on Offender
74 Review or any administrative aide or supervisor employed by the
75 commission, any personnel or representative of the Department of

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76 Law Enforcement, or a federal law enforcement officer as defined
77 in s. 901.1505, and takes upon himself or herself to act as
78 such, or to require any other person to aid or assist him or her
79 in a matter pertaining to the duty of any such officer, commits
80 a felony of the third degree, punishable as provided in s.
81 775.082, s. 775.083, or s. 775.084. However, a person who
82 falsely personates any such officer during the course of the
83 commission of a felony commits a felony of the second degree,
84 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
85 If the commission of the felony results in the death or personal
86 injury of another human being, the person commits a felony of
87 the first degree, punishable as provided in s. 775.082, s.
88 775.083, or s. 775.084. In determining whether a defendant has
89 violated this section, the court or jury may consider any
90 relevant evidence, including, but not limited to, whether the
91 defendant used lights in violation of s. 316.2397 or s. 843.081.
92 Section 2. Section 849.01, Florida Statutes, is amended to
93 read:
94 849.01 Keeping gambling houses, etc.—Whoever by herself or
95 himself, her or his servant, clerk or agent, or in any other
96 manner knowingly has, keeps, exercises or maintains a gaming
97 table or room, or gaming implements or apparatus, o r house,
98 booth, tent, shelter or other place for the purpose of gaming or
99 gambling or in any place of which she or he may directly or
100 indirectly have charge, control or management, either

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101 exclusively or with others, procures, suffers or permits any
102 person to play for money or other valuable thing at any game
103 whatever, whether heretofore prohibited or not, commits a felony
104 of the third misdemeanor of the second degree, punishable as
105 provided in s. 775.082, or s. 775.083, or 775.084.
106 Section 3. Section 849.15, Florida Statutes, is amended to
107 read:
108 849.15 Manufacture, sale, possession, etc., of slot
109 machines or devices prohibited.—
110 (1) As used in this section the term:
111 (a) “Conviction” means a determination of guilt that is
112 the result of a plea or a trial, regardless of whether
113 adjudication is withheld or a plea of nolo contendere is
114 entered.
115 (b) "Manager" means a person who, at any business,
116 establishment, premises, or other location at which a slot
117 machine or device is offered for play, has:
118 1. Authorization to operate or hold open the business,
119 establishment, premises, or other location without any other
120 employee present;
121 2. Authorization to supervise another employee or
122 employees; or
123 3. Any ownership interest in the business, establishment,
124 premises, or other location.
125 (2) It is unlawful:

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126 (a) To manufacture, own, store, keep, possess, sell, rent,
127 lease, let on shares, lend or give away, transport, or expose
128 for sale or lease, or to offer to sell, rent, lease, let on
129 shares, lend or give away, or permit the operation of, or for
130 any person to permit to be placed, maintained, or used or kept
131 in any room, space, or building owned, leased or occupied by the
132 person or under the person's management or control, any slot
133 machine or device or any part thereof; or
134 (b) To make or to permit to be made with any person any
135 agreement with reference to any slot machine or device, pursuant
136 to which the user thereof, as a result of any element of chance
137 or other outcome unpredictable to him or her, may become
138 entitled to receive any money, credit, allowance, or thing of
139 value or additional chance or right to use such machine or
140 device, or to receive any check, slug, token or memorandum
141 entitling the holder to receive any money, credit, allowance or
142 thing of value.
143 (3)(a) Except as provided in paragraphs (b) and (c), a
144 person who violates subsection (2) commits a misdemeanor of the
145 first degree, punishable as provided in s. 775.082 or s.
146 775.083.
147 (b) A person commits a felony of the third degree,
148 punishable as provided in s. 775.082, s. 775.083, or s 775.084,
149 if he or she violates subsection (2) and:
150 1. At the time of the violation the person is acting as a

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151 manager.
152 2. Has one prior conviction for a violation of this
153 section.
154 (c) A person commits a felony of the second degree,
155 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
156 if he or she violates subsection (2) and:
157 1.a. At the time of the violation the person is acting as
158 a manager; and
159 b. The violation involves five or more slot machines or
160 devices.
161 2. Has two or more prior convictions for a violation of
162 this section.
163 (4)(2) Pursuant to section 2 of that chapter of the
164 Congress of the United States entitled "An act to prohibit
165 transportation of gaming devices in interstate and foreign
166 commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
167 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
168 of Florida, acting by and through the duly elected and qualified
169 members of its Legislature, does hereby in this section, and in
170 accordance with and in compliance with the provisions of section
171 2 of such chapter of Congress, declare and proclaim that any
172 county of the State of Florida within which slot machine gaming
173 is authorized pursuant to chapter 551 is exempt from the
174 provisions of section 2 of that chapter of the Congress of the
175 United States entitled "An act to prohibit transportation of

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176 gaming devices in interstate and foreign commerce," designated
177 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
178 shipments of gaming devices, including slot machines, into any
179 county of this state within which slot machine gaming is
180 authorized pursuant to chapter 551 and the registering,
181 recording, and labeling of which have been duly performed by the
182 manufacturer or distributor thereof in accordance with sections
183 3 and 4 of that chapter of the Congress of the United States
184 entitled "An act to prohibit transportation of gaming devices in
185 interstate and foreign commerce," approved January 2, 1951,
186 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
187 ss. 1171-1177, shall be deemed legal shipments thereof into this
188 state provided the destination of such shipments is an eligible
189 facility as defined in s. 551.102 or the facility of a slot
190 machine manufacturer or slot machine distributor as provided in
191 s. 551.109(2)(a).
192 Section 4. Section 849.155, Florida Statutes, is created
193 to read:
194 849.155 Trafficking in slot machines or devices or any
195 parts thereof.—Any person who knowingly sells, purchases,
196 manufactures, transports, delivers, or brings into this state
197 more than 15 slot machines or devices or any part thereof,
198 commits a felony of the first degree, punishable as provided in
199 s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
200 machines or devices or any part thereof involved:

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201 (1) Is more than 15 slot machines or devices or any part
202 thereof, but less than 25 slot machines or devices or any part
203 thereof, such person must be ordered to pay a fine of $100,000.
204 (2) Is 25 slot machines or devices or any part thereof or
205 more, but less than 50 slot machines or devices or any part
206 thereof, such person must be ordered to pay a fine of $250,000.
207 (3) Is 50 slot machines or devices or any part thereof or
208 more, such person must be ordered to pay a fine of $500,000.
209
210 All fines imposed and collected pursuant to this section must be
211 deposited into the Pari-mutuel Wagering Trust Fund and may be
212 used for the enforcement of chapters 546, 550, 551, and this
213 chapter by the Florida Gaming Control Commission.
214 Section 5. Section 849.157, Florida Statutes, is created
215 to read:
216 849.157 Making a false or misleading statement regarding
217 the legality of slot machines or devices to facilitate sale. —
218 (1) Except as provided in subsection (2), a person who
219 knowingly and willfully makes a materially false or misleading
220 statement or who knowingly and willfully disseminates false or
221 misleading information regarding the legality of a slot machine
222 or device for the purpose of facilitating the sale or delivery
223 of a slot machine or device for any money or other valuable
224 consideration commits a felony of the third degree, punishable
225 as provided in s. 775.082, s. 775.083, or s. 775.084.

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226 (2) A person who violates subsection (1) when such a
227 violation involves the sale or delivery, or attempted sale or
228 delivery, of five or more slot machines or devices commits a
229 felony of the second degree, punishable as provided in s.
230 775.082, s. 775.083, or s. 775.084.
231 Section 6. Section 849.23, Florida Statutes, is repealed.
232 Section 7. Section 849.47, Florida Statutes, is created to
233 read:
234 849.47 Transporting or procuring the transportation of
235 persons to facilitate illegal gambling.—
236 (1) Except as provided in subsection (2), a person who
237 knowingly and willfully for profit or hire transports, or
238 procures the transportation of, five or more other persons into
239 or within this state when he or she knows or reasonably should
240 know such transportation is for the purpose of facilitating
241 illegal gambling commits a misdemeanor of the first degree,
242 punishable as provided in s. 775.082 or s. 775.083.
243 (2)(a) A person who transports, or procures the
244 transportation of, a minor or a person 65 years of age or older
245 in violation of subsection (1) commits a felony of the third
246 degree, punishable as provided in s. 775.082, s. 775.083, or s.
247 775.084.
248 (b) A person who transports, or procures the
249 transportation of, 12 or more persons in violation of subsection
250 (1) commits a felony of the third degree, punishable as provided

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251 in s. 775.082, s. 775.083, or s. 775.084.
252 (3) As used in this section, the term “illegal gambling”
253 means any criminal violation of chapter 546, 550, 551, or 849
254 that occurs at any business, establishment, premises, or other
255 location which operates for profit.
256 Section 8. Section 849.48, Florida Statutes, is created to
257 read:
258 849.48 Gambling or gaming advertisements; prohibited.—
259 (1)(a) Except as otherwise specifically authorized by law,
260 a person may not knowingly and intentionally make, publish,
261 disseminate, circulate or place before the public, or cause,
262 directly or indirectly, to be made, published, disseminated or
263 circulated or placed before the public in this state, in any
264 manner, any advertisement, circular, bill, poster, pamphlet,
265 list, schedule, announcement, or notice for the purpose of
266 promoting or facilitating illegal gambling.
267 (b) Except as otherwise specifically authorized by law, a
268 person may not set up any type or plate for any type of
269 advertisement, circular, bill, poster, pamphlet, list, schedule,
270 announcement, or notice when he or she knows or reasonably
271 should know that such material will be used for the purpose of
272 promoting or facilitating illegal gambling.
273 (2) A person who violates subsection (1) commits a
274 misdemeanor of the first degree, punishable as provided in s.
275 775.082 or s. 775.083.

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276 (3) Nothing in this section prohibits the printing or
277 producing of any advertisement, circular, bill, poster,
278 pamphlet, list, schedule, announcement, or notice to be used for
279 the purpose of promoting or facilitating gambling conducted in
280 any other state or nation, outside of this state, where such
281 gambling is not prohibited.
282 (4) As used in this section, the term “illegal gambling”
283 means any criminal violation of chapter 546, 550, 551, or 849
284 that occurs at any business, establishment, premises, or other
285 location which operates for profit.
286 Section 9. Section 849.49, Florida Statutes, is created to
287 read:
288 849.49 Preemption.— No county, municipality, or other
289 political subdivision of the state shall enact or enforce any
290 ordinance or local rule relating to gaming, gambling, lotteries,
291 or any activities described in s. 546.10 or ch. 849, except as
292 otherwise expressly provided by the state constitution or
293 general law.
294 Section 10. Paragraph (i) of subsection (2) of section
295 903.046, Florida Statutes, is amended, and current paragraphs
296 (i) through (m) are redesignated as new paragraphs (j) through
297 (n), to read:
298 903.046 Purpose of and criteria for bail determination. —
299 (2) When determining whether to release a defendant on
300 bail or other conditions, and what that bail or those conditions

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301 may be, the court shall consider:
302 (i) The amount of currency seized that is connected to or
303 involved in a violation of chapter 546, 550, 551, or 849.
304 Section 11. Paragraphs (a), (c), (e), and (g) of
305 subsection (3) of section 921.0022, Florida Statutes, are
306 amended to read:
307 921.0022 Criminal Punishment Code; offense severity
308 ranking chart.—
309 (3) OFFENSE SEVERITY RANKING CHART
310 (a) LEVEL 1
311
Florida Felony
Statute Degree Description
312
24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
313
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
314
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,

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and collection.
315
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
316
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
317
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
318
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
319
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
320
322.212 3rd Possession of forged, stolen,
(1)(a)-(c) counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.

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321
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
322
322.212(5)(a) 3rd False application for driver
license or identification card.
323
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
324
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
325
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
326
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
327

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713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
328
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
329
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
330
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
331
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
332
826.01 3rd Bigamy.
333
828.122(3) 3rd Fighting or baiting animals.
334

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831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
335
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
336
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
337
832.05(2)(b) & 3rd Knowing, making, issuing
(4)(c) worthless checks $150 or more
or obtaining property in return
for worthless check $150 or
more.
338
838.15(2) 3rd Commercial bribe receiving.
339
838.16 3rd Commercial bribery.
340
843.18 3rd Fleeing by boat to elude a law
enforcement officer.

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341
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
342
849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
or assist therein, conduct or
advertise drawing for prizes,
or dispose of property or money
by means of lottery.
343
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
344
849.25(2) 3rd Engaging in bookmaking.
345
860.08 3rd Interfere with a railroad
signal.
346
860.13(1)(a) 3rd Operate aircraft while under
the influence.
347
893.13(2)(a)2. 3rd Purchase of cannabis.
348

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893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
349
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
350
351 (c) LEVEL 3
352
Florida Felony
Statute Degree Description
353
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
354
316.066 3rd Unlawfully obtaining or using
(3)(b)-(d) confidential crash reports.
355
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
356
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.

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357
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
358
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
359
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
360
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
361
327.35(2)(b) 3rd Felony BUI.
362
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
363
328.07(4) 3rd Manufacture, exchange, or

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possess vessel with counterfeit
or wrong ID number.
364
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
365
379.2431 3rd Taking, disturbing, mutilating,
(1)(e)5. destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
366
379.2431 3rd Possessing any marine turtle
(1)(e)6. species or hatchling, or parts
thereof, or the nest of any
marine turtle species described
in the Marine Turtle Protection
Act.
367
379.2431 3rd Soliciting to commit or

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(1)(e)7. conspiring to commit a
violation of the Marine Turtle
Protection Act.
368
400.9935(4)(a) 3rd Operating a clinic, or offering
or (b) services requiring licensure,
without a license.
369
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
370
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
371
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
372
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.

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373
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
374
626.902(1)(a) & 3rd Representing an unauthorized
(b) insurer.
375
697.08 3rd Equity skimming.
376
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
377
794.053 3rd Lewd or lascivious written
solicitation of a person 16 or
17 years of age by a person 24
years of age or older.
378
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
379
806.10(2) 3rd Interferes with or assaults

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firefighter in performance of
duty.
380
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
381
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
382
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
383
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
384
812.081(2) 3rd Theft of a trade secret.
385
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
386
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud

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Act), property valued at less
than $20,000.
387
817.233 3rd Burning to defraud insurer.
388
817.234 3rd Unlawful solicitation of
(8)(b) & (c) persons involved in motor
vehicle accidents.
389
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
390
817.236 3rd Filing a false motor vehicle
insurance application.
391
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
392
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
393
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great

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bodily harm, permanent
disfigurement, or permanent
disability.
394
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
395
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
396
836.13(2) 3rd Person who promotes an altered
sexual depiction of an
identifiable person without
consent.
397
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.

849.01 3rd Keeping a gambling house.

849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,

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or assist therein, conduct or
advertise drawing for prizes,
or dispose of property or money
by means of lottery.

849.09(1)(e), 3rd Conducting an unlawful lottery;
(f), (g), (i), second or subsequent offense.
or (k)

849.09(1)(h) or 3rd Conducting an unlawful lottery;
(j) second or subsequent offense.

849.15(3)(b)1. & 3rd Manufacture, sale, or
2. possession of slot machine; by
manager or with prior
conviction.

849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.

849.25(2) 3rd Engaging in bookmaking.

849.47(2)(a) & 3rd Transporting persons to
(b) facilitate illegal gambling;

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minor or person 65 years of age
or older or 12 or more persons.
398
860.15(3) 3rd Overcharging for repairs and
parts.
399
870.01(2) 3rd Riot.
400
870.01(4) 3rd Inciting a riot.
401
893.13(1)(a)2. 3rd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs).
402
893.13(1)(d)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of
university.
403

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893.13(1)(f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of public
housing facility.
404
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
405
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
406
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
407
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.

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408
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
409
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
410
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
411
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.

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412
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
413
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or an
animal if the sole purpose of
writing the prescription is a
monetary benefit for the
practitioner.
414
918.13(1) 3rd Tampering with or fabricating
physical evidence.
415
944.47 3rd Introduce contraband to
(1)(a)1. & 2. correctional facility.
416
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
417
985.721 3rd Escapes from a juvenile
facility (secure detention or

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residential commitment
facility).
418
419 (e) LEVEL 5
420
Florida Felony
Statute Degree Description
421
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
422
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
423
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
424
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
425
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.

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426
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
forging, counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation stone
crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
427
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
428
379.407(5)(b)3. 3rd Possession of 100 or more

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undersized spiny lobsters.
429
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
430
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
431
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
432
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
433
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
434
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.

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435
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
436
790.162 2nd Threat to throw or discharge
destructive device.
437
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
438
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
439
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
440
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
441
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.

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442
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
443
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
444
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
445
812.015 3rd Retail theft; property stolen
(8)(a) & (c)- is valued at $750 or more and
(e) one or more specified acts.
446
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
447
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
448
812.081(3) 2nd Trafficking in trade secrets.

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449
812.131(2)(b) 3rd Robbery by sudden snatching.
450
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
451
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
452
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
453
817.2341(1), 3rd Filing false financial
(2)(a) & statements, making false
(3)(a) entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
454
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,

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$5,000 or more or use of
personal identification
information of 10 or more
persons.
455
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
456
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
457
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
458
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
459
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion

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picture, etc., which includes
child pornography.
460
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
461
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
462
839.13(2)(b) 2nd Falsifying records of an
individual in the care and
custody of a state agency
involving great bodily harm or
death.
463
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
464
847.0135(5)(b) 2nd Lewd or lascivious exhibition

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using computer; offender 18
years or older.
465
847.0137 3rd Transmission of pornography by
(2) & (3) electronic device or equipment.
466
847.0138 3rd Transmission of material
(2) & (3) harmful to minors to a minor by
electronic device or equipment.

849.15(3)(c)1. & 2nd Manufacture, sale, or
2. possession of a slot machine;
by a manager of five or more
machines or two or more prior
convictions.

849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.

849.25(3) 2nd Bookmaking; second or
subsequent offense.
467
874.05(1)(b) 2nd Encouraging or recruiting

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another to join a criminal
gang; second or subsequent
offense.
468
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
469
893.13(1)(a)1. 2nd Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
470
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or

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community center.
471
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
472
893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
prohibited under s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
473
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of

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public housing facility.
474
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
475
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
476
477 (g) LEVEL 7
478
Florida Felony
Statute Degree Description
479
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
480
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
481
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety

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while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
482
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
483
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
484
409.920 3rd Medicaid provider fraud;
(2)(b)1.a. $10,000 or less.
485
409.920 2nd Medicaid provider fraud; more
(2)(b)1.b. than $10,000, but less than
$50,000.
486
456.065(2) 3rd Practicing a health care
profession without a license.
487
456.065(2) 2nd Practicing a health care

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profession without a license
which results in serious bodily
injury.
488
458.327(1) 3rd Practicing medicine without a
license.
489
459.013(1) 3rd Practicing osteopathic medicine
without a license.
490
460.411(1) 3rd Practicing chiropractic
medicine without a license.
491
461.012(1) 3rd Practicing podiatric medicine
without a license.
492
462.17 3rd Practicing naturopathy without
a license.
493
463.015(1) 3rd Practicing optometry without a
license.
494
464.016(1) 3rd Practicing nursing without a
license.
495

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465.015(2) 3rd Practicing pharmacy without a
license.
496
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
497
467.201 3rd Practicing midwifery without a
license.
498
468.366 3rd Delivering respiratory care
services without a license.
499
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
500
483.901(7) 3rd Practicing medical physics
without a license.
501
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
502
484.053 3rd Dispensing hearing aids without
a license.
503

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494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
504
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
$300 but less than $20,000 by a
money services business.
505
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
506
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
507
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew

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driver license or
identification card; other
registration violations.
508
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
509
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
510
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
511
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
512
782.071 2nd Killing of a human being or
unborn child by the operation

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of a motor vehicle in a
reckless manner (vehicular
homicide).
513
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
514
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
515
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
516
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
517
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
518
784.048(7) 3rd Aggravated stalking; violation
of court order.
519

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784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
520
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
521
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
522
784.081(1) 1st Aggravated battery on specified
official or employee.
523
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
524
784.083(1) 1st Aggravated battery on code
inspector.
525
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
526
787.06(3)(e)2. 1st Human trafficking using

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coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
527
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
528
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
529
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
530
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
531
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
532

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790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
533
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
534
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
535
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
536
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
537
800.04(5)(c)1. 2nd Lewd or lascivious molestation;

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victim younger than 12 years of
age; offender younger than 18
years of age.
538
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years of
age; offender 18 years of age
or older.
539
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
540
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
541
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
542
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault

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or battery.
543
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
544
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
545
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
546
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
547
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
548

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812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
549
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
550
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
551
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
552
812.131(2)(a) 2nd Robbery by sudden snatching.
553
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
554
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
555

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817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
556
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
557
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
558
817.2341 1st Making false entries of
(2)(b) & material fact or false
(3)(b) statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
559
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
560
817.504(1)(a) 3rd Offering or advertising a

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vaccine with intent to defraud.
561
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
562
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
563
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
564
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
565
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
566
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21

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years of age or older.
567
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
568
838.015 2nd Bribery.
569
838.016 2nd Unlawful compensation or reward
for official behavior.
570
838.021(3)(a) 2nd Unlawful harm to a public
servant.
571
838.22 2nd Bid tampering.
572
843.0855(2) 3rd Impersonation of a public
officer or employee.
573
843.0855(3) 3rd Unlawful simulation of legal
process.
574
843.0855(4) 3rd Intimidation of a public
officer or employee.
575

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847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
576
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.

849.155 1st Trafficking in slot machines or
devices or any part thereof.
577
872.06 2nd Abuse of a dead human body.
578
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
579
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
580
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.

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893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
581
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
582
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
583
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.

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584
893.135 1st Trafficking in cocaine, more
(1)(b)1.a. than 28 grams, less than 200
grams.
585
893.135 1st Trafficking in illegal drugs,
(1)(c)1.a. more than 4 grams, less than 14
grams.
586
893.135 1st Trafficking in hydrocodone, 28
(1)(c)2.a. grams or more, less than 50
grams.
587
893.135 1st Trafficking in hydrocodone, 50
(1)(c)2.b. grams or more, less than 100
grams.
588
893.135 1st Trafficking in oxycodone, 7
(1)(c)3.a. grams or more, less than 14
grams.
589
893.135 1st Trafficking in oxycodone, 14
(1)(c)3.b. grams or more, less than 25
grams.
590

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893.135 1st Trafficking in fentanyl, 4
(1)(c)4.b.(I) grams or more, less than 14
grams.
591
893.135 1st Trafficking in phencyclidine,
(1)(d)1.a. 28 grams or more, less than 200
grams.
592
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
593
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
594
893.135 1st Trafficking in flunitrazepam, 4
(1)(g)1.a. grams or more, less than 14
grams.
595
893.135 1st Trafficking in gamma-
(1)(h)1.a. hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
596

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893.135 1st Trafficking in 1,4-Butanediol,
(1)(j)1.a. 1 kilogram or more, less than 5
kilograms.
597
893.135 1st Trafficking in Phenethylamines,
(1)(k)2.a. 10 grams or more, less than 200
grams.
598
893.135 1st Trafficking in synthetic
(1)(m)2.a. cannabinoids, 280 grams or
more, less than 500 grams.
599
893.135 1st Trafficking in synthetic
(1)(m)2.b. cannabinoids, 500 grams or
more, less than 1,000 grams.
600
893.135 1st Trafficking in n-benzyl
(1)(n)2.a. phenethylamines, 14 grams or
more, less than 100 grams.
601
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
602
896.101(5)(a) 3rd Money laundering, financial

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transactions exceeding $300 but
less than $20,000.
603
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
604
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
605
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
606
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
607
943.0435(13) 3rd Failure to report or providing
false information about a

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sexual offender; harbor or
conceal a sexual offender.
608
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
609
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
610
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
611
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
612
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address

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verification; providing false
registration information.
613
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
614
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
615
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
616
617 Section 12. This act shall take effect July 1, 2024.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 189 Gaming Control
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 Florida Gaming Control Commission (Commission), is responsible for exercising all regulatory and executive
powers of the state with respect to gambling authorized by the State Constitution or law, excluding the state lottery.
The Commission’s Division of Gaming Enforcement (Division) is a criminal justice agency tasked with the
enforcement of Florida's gambling laws to combat illegal gambling activities, and is the first law enforcement agency
with illegal gambling as its primary responsibility. The Division director and all investigators are certified law
enforcement officers, have the power to investigate, apprehend, and make arrests for any alleged violation of the
state’s gambling laws, or any law of this state, and are authorized to seize, store, an d test contraband in accordance
with the Florida Contraband Forfeiture Act.

Recently, illegal gambling operations using unregulated slot machines have been increasing. The devices are
similar to regulated gambling devices, but can be manipulated by the operators to control the outcome and ratio of
winnings in a fraudulent manner. The operations (adult arcades or internet cafes), target vulnerable populations, and
are often tied to criminal activity, including money laundering, drug trafficking, and violent crime. The Division has
participated in numerous enforcement actions along with local law enforcement, including raids, resulting in arrests
and closures; however, the activity persists. According to the Commission, Florida law contains many low-level
penalties for criminal violations related to illegal gambling, which does not deter the criminal activity and leads to
adult arcades operating slot machines illegally across the state.

The bill revises certain criminal penalties in Florida law related to illegal gambling, as follows:
 Prohibits falsely impersonating personnel or representatives of the Commission.
 Increases the penalty for keeping an illegal gambling house from a second degree misdemeanor to a third
degree felony.
 Increases the penalty for the manufacture, sale, and possession of illegal slot machines from a second
degree misdemeanor to a first degree misdemeanor, and to a felony for managers with prior convictions.
 Makes it a first degree felony for trafficking more than 15 illegal slot machine s or any parts thereof, and
imposes certain monetary fines.
 Makes it a third degree felony to make a false or misleading statement to facilitate the sale of illegal slot
machines, and a second degree felony when such violation involves 5 or more machines.
 Makes it a first degree misdemeanor to transport five or more persons into or within the state to facilitate
illegal gambling, and a third degree felony when violations include a minor or person 65 years old or older,
or twelve or more persons.
 Makes it a first degree misdemeanor to make certain gambling or gaming advertisements.
 Prohibits counties, municipalities, or other political subdivisions from regulating gaming, gambling, lotteries,
or other activities described in s. 546.10, F.S., or ch. 849, F.S.
 Requires courts to consider the amount of currency seized in connection with certain gambling violations
when determining bail conditions.
 Conforms the offense severity ranking chart to the changes made by the bill.

The fiscal impact to the state and local government is indeterminate. The bill may prevent or reduce illegal gambling,
which will protect vulnerable populations, and reduce secondary criminal activity.

The effective date of the bill is July 1, 2024.

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Gambling in Florida

Gambling is generally prohibited in Florida, unless specifically authorized. Gambling is defined in
Florida law as playing or engaging in any game at cards, keno, roulette, faro or other game of chance,
at any place, by any device whatever, for money or other thing of value. 1 The standard jury instructions
for criminal cases in Florida provide that in order to prove the crime of gambling, the state must prove
the following three elements beyond a reasonable doubt:2
 Playing or engaging in a game of chance.
 Risking money or property on the outcome of the game.
 Expecting to gain or lose money or property as a result of the game.

However, Florida does not allow gambling on games of skill of all types. Gambling on games of skill is
highly regulated, and wagers on such games that are not specifically authorized are considered illegal.

Section 7, Art. X, of the Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being
conducted in Florida.

Slot machines that are not operated by a licensed pari-mutuel facility or in accordance with a tribal
compact or specific law are illegal in Florida.

Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house, engaging in
bookmaking, and running a lottery. However, a constitutional amendment approved by voters in 1986
authorized state-operated lotteries, and a constitutional amendment in 2004 authorized slot machines
in Miami-Dade and Broward Counties.

The following gaming activities are also authorized by law and regulated by the state:
 Pari-mutuel3 wagering;4
 Gaming on tribal reservations in accordance with the federal Indian Gaming Regulatory Act and
the 2021 Gaming Compact with the Seminole Tribe of Florida;
 Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;5 and
 Cardrooms 6 at certain pari-mutuel facilities.

Under the Florida Contraband Forfeiture Act,7 gambling proceeds, paraphernalia, and property may be
seized as contraband. For example, a vehicle used for transporting an illegal slot machine is subject to
seizure.8

1 S. 849.08, F.S.
2 The Florida Bar, Criminal Jury Instructions Chapter 22, 22.1 Gambling, https://www.floridabar.org/rules/florida-standard-jury-
instructions/criminal-jury-instructions-home/criminal-ju ry-instructions/sji-criminal-chapter-22/ (last visited Jan. 2, 2024).
3 “Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,

after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
4 See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
5 See FLA. CONST ., art. X, s. 23, and ch. 551, F.S.
6 S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of

value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
7 Ss. 932.701-932.706, F.S., comprise the Florida Contraband Forfeiture Act.
8 S. 849.36, F.S.
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Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games,9 bingo,10 charitable drawings,11 game promotions (sweepstakes),12 bowling tournaments,13 and
skill-based amusement games and machines at specified locations. 14

Florida Gaming Control Commission

The Florida Gaming Control Commission (Commission) is a five-member regulatory body that is
responsible for exercising all regulatory and executive powers of the state with respect to gambling,
including pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming compacts, and
other forms of gambling authorized by the State Constitution or law, excluding the state lottery. 15 The
Commission is also the State Compliance Agency responsible for monitoring compliance with the
provisions of the Gaming Compact between the Seminole Tribe of Florida and the State of Florida.16

The Division of Gaming Enforcement (Division) is a criminal justice agency17 tasked with the
enforcement of Florida's gambling laws to combat illegal gambling activities. 18 While every law
enforcement officer in the state of Florida has the authority to make arrests for violations of Florida’s
gambling laws, the Division is the first law enforcement agency with illegal gambling as its primary
responsibility.19

The Division director and all investigators are certified and designated law enforcement officers, and
have the power to detect, apprehend, and arrest for any alleged violation of the state’s gambling laws,
or any law of this state.20 Such law enforcement officers may enter upon any premises at which gaming
activities are taking place in the state for the performance of their lawful duties and may take with them
any necessary equipment, and such entry does not constitute a trespass. 21

Such officers have the authority, without warrant, to search and inspect any premises where the
violation is alleged to have occurred or is occurring. Investigators employed by the Commission are
required to have access to, and the right to inspect, premises licensed by the Commission, to collect
taxes and remit them to the officer entitled to them, and to examine the books and records of all
persons licensed by the Commission.22

The Division and its investigators are specifically authorized to seize, store, and test any contraband23
in accordance with the Florida Contraband Forfeiture Act. 24

According to the Commission, the Division:25

9 S. 849.085, F.S.
10 S. 849.0931, F.S.
11 S. 849.0935, F.S.
12 S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
13 S. 849.141, F.S.
14 S. 546.10, F.S.
15 See ss. 16.71-16.716, F.S.
16 S. 285.710, F.S.
17 S. 16.711(1), F.S.
18 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, pg. 6, https://flgaming.gov/pmw/annual-

reports/docs/2022-2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 2, 2024).
19 Florida Gaming Control Commission, Gaming Enforcement, https://flgaming.gov/enforcement/ (last visited Jan. 3, 2024).
20 S. 16.711(3), F.S.
21 Id.
22 Id.
23 The term “contraband” has the same meaning as the term “contraband article” in s. 932.701(2)(a)2, F.S., which is defined as “any

equipment, gambling device, apparatus, material of gaming, proceeds, substituted proceeds, real or personal property, Interne t domain
name, gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was ob tained, received, used,
attempted to be used, or intended to be used in violation of the gambling laws of the state, including any violation of chapt er 24, part II
of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849.”
24 S. 16.711(4), F.S.
25 Id.
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 Participates in direct enforcement activities involving proactive investigations initiated by reports
of illegal gambling, confidential sources, and investigative leads. Upon obtaining sufficient
evidence, agents execute search warrants, resulting in arrests and the seizure of illegal
gambling devices and contraband.
 Serves as a valuable resource for state and local law enforcement partners, providing expert
guidance on the intricacies of Florida's gambling laws and regulations. Agents share their
knowledge and experience, assisting other law enforcement agencies in identifying illegal
gambling activities, gathering evidence, and building strong cases for prosecution. This
collaborative approach ensures that illegal gambling operations are effectively investigated and
disrupted.

Illegal Gambling Machines

According to the American Gaming Association, “there are a growing number of companies that design,
manufacture, sell, or operate machines that mimic regulated gambling devices but operate without
complying with state and federal laws. These games are extremely similar to regulated gambling
devices, using drums or reels with insignia or other symbols that players “spin” to win prizes, including
money. The manufacturers of such machines argue that their games are “skill-based” or operate in
other “gray areas” of the law, thereby exempting them from regulation. However, these machines
function similarly to traditional slot machines, and in fact, many consumers do not know the difference
between regulated gambling devices and these “skill-based” or “gray” machines.”26

These machines have been found to put consumers at risk by targeting the most vulnerable
populations. In addition, they are often tied to criminal activity, including money laundering, drug
trafficking, violent crime, and more.27

Regulated gambling device manufacturers that seek to manufacture, sell, or ship a gambling device in
interstate commerce are required by the federal Johnson Act to register annually with the U.S.
Department of Justice.28 The Johnson Act makes it unlawful to transport a gambling device in interstate
or foreign commerce, unless the device is shipped to a state or tribal jurisdiction that has otherwise
made such shipment or operation of these games lawful.

Gambling devices are defined in the Johnson Act as any slot machine or other machine or device that
is designed primarily for use in gambling, where as a result of application of an element of chance and
any money or property, a person may be entitled to win money or property.29

Failure to comply with the Johnson Act carries penalties of fines up to $5,000 and up to two years of
imprisonment, along with forfeiture of the unregistered gambling devices. 30

Allied Veterans of the World

In March 2013, a three-year, multi-state, multi-agency investigation into the operations of illegal
gambling at so-called Internet cafes affiliated with Allied Veterans of the World (Allied Veterans)
concluded with the arrest of 57 people, and seizure of about 300 bank accounts and around $64.7
million. Charges included racketeering and money laundering. 31

26 American Gaming Association, Re: Comments Requested on Registration Under the Gambling Devices Act of 1962, 86 Fed. Reg.
53, 682, OMB No. 1123-0010, https://www.americangaming.org/wp-content/uploads/2022/03/AGA-Co mment-Gamb ling-Devices-
Act-Nov.-29-202198.pdf (last visited Jan. 23, 2024).
27 See American Gaming Association, SKILLED AT DECEPTION: How Unregulated Gaming Machines Endanger Consumers and

Dilute Investments in Local Economies, https://www.americangaming.org/wp-content/uploads/2021/04/Unregulated-Gaming-
Machines-White-Paper-Final.pdf (last visited Jan. 3, 2024).
28 Gambling Devices Act of 1962, 15 U.S.C. §§ 1171–78 (the “Johnson Act”).
29 15 U.S.C. § 1171(a).
30 15 U.S.C. §§ 1176, 1177
31 Mary Ellen Klas, Bill Banning Internet Cafes Becomes Law in Florida, Governing, The States and Localities (April 11, 2013),

https://www.governing.com/archive/mct-bill-banning-internet-cafes-becomes-law-in-
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The Florida Attorney General’s Office of Statewide Prosecution, alleged that the establishments
purported to provide customers with access to the Internet. Customers purchased prepaid cards that
they could use for Internet time, and while on the computer could participate in contests that were
similar to playing a slot machine. Winnings were posted to the prepaid cards, which could be turned in
for cash.32

Allied Veterans operated centers out of about 50 strip malls throughout Florida. Prosecutors said the
centers were mini-casinos, and most people who bought Internet time didn't use it because they came
to gamble. Defense attorneys said the centers offered sweepstakes, not gambling.33 Under Florida law,
sweepstakes may be conducted in connection with and incidental to the sale of consumer products or
services, and in which the elements of chance and prize are present, only after filing, and providing
certain information regarding winnings, with the Department of Agriculture and Consumer Services .34
This allows businesses such as McDonald's to offer games of chance without being in violation of
illegal gambling.

In spite of the large number of people arrested, only one person was sentenced to prison after being
found guilty of racketeering, helping to run a lottery and possession of an illegal slot machine or device.
The conviction was subsequently overturned by the Fifth District Court of Appeal, and the Florida
Supreme Court declined to overturn the appellate court’s decision and reinstate the conviction.35

As a result of the arrests, in 2013, the legislature clarified that Internet café style gambling machines
were illegal in the state. The legislation clarified existing sections of law regarding slot machines,
charitable drawings, game promotions, and amusement machines and created a rebuttable
presumption that machines used to simulate casino-style games in schemes involving consideration
and prizes are prohibited slot machines.36

In 2015, the legislature determined that the regulation of the operation of skill-based amusement
games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
expansion of casino-style gambling. The legislature clarified regulations related to the operation and
use of amusement games or machines to ensure that regulations would not be interpreted as creating
an exception to the state's general prohibitions against gambling.37

Recent Activity

According to reports, illegal gambling operations targeting vulnerable aging populations in Florida are
increasing. The activity has especially grown since the pandemic with an “explosion of illegal gambling
lounges opening up with unregulated slot machines.”38

According to the Commission, “some of them register as amusement arcades through the Department
of Revenue, which means they're acting like a Dave and Buster's or a Chuck E. Cheese, but in reality,
they're offering illegal gambling devices such as slot machines. If the game has any element of chance
built into it, under Florida statute, it's considered an illegal gambling device. They have the ability to dial

florida.html#:~:text=The%20measure%2C%20HB%20155%2C%20was,workers%20in%20now%2Dshuttered%20operations (last
visited Jan. 3, 2024).
32 The National Registry of Exonerations, Kelly Mathis,

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5122 (last visited Jan. 3, 2024).
33 Larry Hannan, Allied Veterans of the World: A massive scandal -- or just overreach?, The Florida Times Union,

https://www.jacksonville.com/story/news/crime/2015/02/22/allied-veterans-scandal-didnt-live-its-billing/15651951007/ (last visited
Jan. 3, 2024).
34 S. 849.094, F.S.
35 Eileen Kelley, State Attorney General's Office drops Allied Veterans charges against embattled Jacksonville lawyer, The Florida

Times Union, https://www.jacksonville.com/story/news/crime/2015/ 02/ 22/allied-veterans-scandal-didnt-live-its-billing/15651951007/
(last visited Jan. 3, 2024).
36 Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
37 S. 546.10, F.S.
38 Jordan Brown, Florida seniors warned to be cautious of shady slot machines, FOX 13 Tampa Bay (May 23, 2023),

https://www.fox13news.com/news/illegal-gambling-operations-in-florida-re-targeting-aging-populations (last visited Jan. 4, 2024).
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up the winnings to entice play. Once they get a packed house, they dial down the winnings to almost
zero. Then at that point, they're just stealing and using predatory practices and taking money from
Florida's senior population.”39

On May 9, 2023, special agents from the Commission and local law enforcement executed search
warrants simultaneously in Fort Pierce, Delray Beach, St. Petersburg and Tampa. They targeted illegal
gambling operations at adult arcades and seized more than $1 million in assets, cash, slot-style gaming
machines, computers and ATMs. The raid resulted in seven arrests and the seizure of 360 slot
machines. After the May raid, St. Lucie County sheriff’s deputies went to every known adult arcade
location in St. Lucie County to hand-deliver a Jan. 27 warning letter initially mailed to each arcade.40

Many arcades in St. Lucie County and some in Indian River County closed out of fear. However, some
arcades never closed, and most eventually reopened. It appears only a handful shut down
permanently. State officials said they would continue to monitor those open adult arcades and continue
to work with local law enforcement.41

In 2023, the FGCC investigated several illegal slot machine businesses operating in the state, and
found that:42
 The scope of the problem is much larger than initially anticipated.
 There are significant adverse harms associated with the activity.
 Success will require collaborative and coordinated efforts.
 Obstacles will continue to evolve but can be overcome.

During the 2022-2023 fiscal year, the Division received 1,266 total location based complaints of illegal
gambling. From those complaints, 493 letters were sent to the local law enforcement departments
informing them of possible illegal gambling activities at these locations. From those complaints, 506
letters were sent directly to businesses informing them of their possible participation in illegal gambling
activities and providing copies of the gambling laws and associated criminal punishments. 43

During the 2022-2023 fiscal year, the Division conducted joint investigation operations with the Chipley
Police Department, Hillsborough Sheriff's Office, Holmes County Sheriff’s Office, Manatee County
Sheriff’s Office, Palm Beach Sheriff's Office, St. Lucie County Sheriff’s Office, and St. Petersburg
Police Department resulting in 52 arrests and the seizure of:44
 858 illegal slot machines.
 $1,151,000 in cash.
 Approximately $2,000,000 in real estate.
 40 grams of fentanyl.
 10 grams of methamphetamine.

Slot Machines

In Florida, a slot machine is defined as a machine or device that:45
 Is activated by inserting something of value (money, coin, account number, code, or other
object or information);
 Is caused to operate or operated by a user by application of skill, element of chance, or
other outcome that is unpredictable to the user; and

39 Id.
40 TCPalm, Florida investigators shut down arcades with illegal slot machines. Here's what we know ,
https://www.tcpalm.com/story/news/crime/st-lucie-county/2023/09/14/what-we-know-investigators-raid-adult-arcades-with-illegal-
slots-treasure-coast/70853727007/ (last visited Jan. 12, 2024).
41 Id.
42 Florida Gaming Control Commission, Presentation to the House Regulatory Reform & Economic Development Subcommittee,

(Oct. 17, 2023), at pg. 12.
43 Florida Gaming Control Commission, Gaming Enforcement Investigations and Actions, Annual Report 2022 -2023, at pg. 7,

https://flgaming.gov/pmw/annual-reports/docs/2022-2023%20FGCC%20Annual%20Report.pdf (last vi
44 Id.
45 S. 849.16(1), F.S.
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 The user receives or is entitled to receive something of value or additional chances or rights to
use the device or machine.

There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or
device if it is used to display images of games of chance and is part of a scheme involving any payment
or donation of money or its equivalent and awarding anything of value. 46

Slot machines are only authorized in licensed pari-mutuel facilities located in Miami-Dade and Broward
counties and on tribal property.47 Off of licensed pari-mutuel facilities, it is a violation to “manufacture,
own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for
sale or lease, or to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of
any slot machine or device or any part thereof.” 48

Violations of the provisions 49 prohibiting the manufacture, sale, possession, etc., of slot machines or
devices, are a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.
A second violation is a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.
Any person violating these provisions after having been twice convicted is deemed a “common
offender,” and guilty of a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.50

Unlicensed slot machines are illegal in Florida and are considered “contraband.” Florida law provides,
as contraband, “the right of property to an illegal slot machine and all the money or other things of value
within the slot machine, does not exist and shall be forfeited to the county in which the seizure took
place.”51

Florida law also provides that all sums of money and other value used, displayed in, or connected with
illegal gambling or an illegal gambling device contrary to the laws of this state shall be forfeited. 52

Pursuant to the federal Johnson Act, Florida law allows shipment of gaming devices including slot
machines into this state provided the destination of the shipment is an eligible slot machine facility, or
the facility of a slot machine manufacturer or slot machine distributor. 53

False Personation

Current law prohibits falsely assuming or pretending to be a state, local, or federal law enforcement
officer, or requiring assistance in a matter pertaining to the duty of such officer (false personation). 54
The list of officers and individuals who may not be falsely personated include:
 Firefighters;
 Sheriffs or sheriffs deputies;
 Florida Highway Patrol officers;
 Fish and Wildlife Conservation Commission officers;
 Department of Environmental Protection officers;
 Department of Financial Services officers;
 Division of Investigative and Forensic Services personnel or representatives;
 Department of Corrections officers;
 State attorney or an assistant state attorney;
 Statewide prosecutor or an assistant statewide prosecutor;

46 S. 849.16(3), F.S.
47 S. 551.101, F.S.
48 S. 849.15(1)(a), F.S.
49 Ss. 849.15, F.S. – 849.22, F.S.
50 S. 849.23, F.S.
51 S. 849.19, F.S.
52 S. 849.12, F.S.
53 S. 849.15(2), F.S.
54 S. 843.08, F.S.
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 State attorney investigator;
 Coroner;
 Police officer;
 Lottery special agent or lottery investigator;
 Beverage enforcement agent;
 School guardian;
 Security officer;
 Member of the Florida Commission on Offender Review or any administrative aide or supervisor
employed by the commission; and
 Any personnel or representative of the Department of Law Enforcement, or a federal law
enforcement officer as defined in s. 901.15.05, F.S.55

False personation violations are a third degree felony, punishable by up to five years in prison and a
$5,000 fine,56 unless committed during the course of a felony.57 A person who poses as an officer in
order to facilitate a felony crime would also face a second degree felony, punishable by up to 15 years
in prison and a $10,000 fine.58

The Commission is currently not listed as a law enforcement agency for the criminal offense of false
personation of a law enforcement officer.

Keeping a Gambling House

Current law makes it is a second degree misdemeanor to keep a gambling house.59 Specifically, a
person is guilty of this offense if he or she:
 Habitually keeps, exercises, or maintains, for the purpose of gaming or gambling:60
o A gaming table or room;
o Gaming implements;
o Gaming apparatus; or
o A house, booth, tent, shelter, or other place.

A second degree misdemeanor is punishable by up to 60 days in jail and a fine up to $500. 61

Criminal Punishment Code

The Criminal Punishment Code (Code) applies to all felony offenses, except capital felonies, committed
on or after October 1, 1998.62 Noncapital felonies sentenced under the Code receive an offense
severity level ranking (Levels 1-10), either by being specifically listed in the offense severity ranking
chart63 or by default.64 Judges must use the Code worksheet to compute a sentence score for each
felony offender.65

55 S. 901.1505., F.S., defines the term “federal law enforcement officer” as “a person who is employed by the Federal Government as a
full-time law enforcement officer as defined by the applicable provisions of the United States Code, who is empowered to effect an
arrest for violations of the United States Code, who is authorized to carry firearms in the performance of her or his duties, and who has
received law enforcement training equivalent to that prescribed in s. 943.13.”
56 See ss. 775.082 and 775.083, F.S.
57 S. 843.08, F.S.
58 Id.
59 S. 849.01, F.S.
60 S. 849.01, F.S.; Ferguson v. State, 377 So. 2d 709, 711 (Fla. 1979) (requiring an element of "habitualness" for a conviction under s.

849.01, F.S.).
61 See ss. 775.082 and 775.083, F.S.
62 S. 921.002, F.S.
63 S. 921.0022, F.S.
64 S. 921.0023, F.S., addresses ranking unlisted felony offenses. For example, an unlisted felony of the third degree is ranked within

offense level 1.
65 S. 921.0024, F.S.
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Sentence points are assigned and accrue based on the level ranking assigned to the primary offense,
additional offenses, and prior offenses.66 Sentence points increase as the offense severity level
increases from Level 1 (least severe) to Level 10 (most severe). Sentence points are added for victim
injury, and increased based on the type of injury and severity. 67 Sentence points may also be added or
multiplied for other factors including possession of a firearm or the commission of certain offenses,
such as drug trafficking.68 If an offense is unlisted on the offense severity ranking chart, the Code
provides a ranking based on felony level.69 For example, an unranked third degree felony is a level one
offense.70

If total sentence points equal or are less than 44 points, the lowest permissible sentence is any
nonstate prison sanction, unless the court determines that a prison sentence is appropriate. If total
sentence points exceed 44 points, the lowest permissible sentence in prison months is calculated by
subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent. 71
Absent mitigation,72 the permissible range under the Code is generally the lowest permissible sentence
scored up to and including the maximum penalty provided under s. 775.082, F.S.73

The offense severity ranking chart ranks the following third degree felony lottery violations as a level
1:74
 Set up, promote, or conduct any lottery for money or for anything of value; 75
 Dispose of any money or other property of any kind whatsoever by means of any lottery; 76
 Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise
any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio,
telegraph, telephone, or otherwise; 77 or
 Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether
by writing, printing, or in any other manner whatsoever, or be interested in or connected in any
way with any lottery or lottery drawing. 78
 Engaging in bookmaking.79

Bail Determinations

The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal
defendant at subsequent proceedings and to protect the community against unreasonable danger from
the criminal defendant.80

When determining whether to release a defendant on bail or other conditions, and what that bail or
those conditions may be, the court is required to consider certain factors, including:81
 The nature and circumstances of the offense charged.
 The weight of the evidence against the defendant.
 The defendant’s family ties, length of residence in the community, employment history, financial
resources, and mental condition.

66 Id.
67 Id.
68 Id.
69 S. 921.0023, F.S.
70 Id.
71 S. 921.0022(2), F.S.
72 The court may “mitigate” or “depart downward” from the scored lowest permissible sentence if the court finds a mitigating

circumstance. Section 921.0026, F.S., provides a list of mitigating circumstances.
73 S. 921.0022(2), F.S.
74 S. 921.022(3)(a), F.S.
75 S. 849.09(1)(a)-(d), F.S.
76 Id.
77 Id.
78 Id.
79 S. 849.25(2), F.S.
80 S. 903.046(1), F.S.
81 S. 903.046(2), F.S.
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 The defendant’s past and present conduct.
 The nature and probability of danger which the defendant’s release poses to the community.
 The source of funds used to post bail or procure an appearance bond.
 Whether the defendant is already on release pending resolution of another criminal proceeding
or on probation, parole, or other release pending completion of a sentence.

The bail determination provisions currently do not require courts to consider specific factors related to
currency seized that is involved in state gambling law violations.

Effect of Proposed Changes

False Personation

The bill includes personnel or representatives of the Commission to the statute that prohibits falsely
impersonating a law enforcement officer.

Keeping a Gambling House

The bill increases the penalty for keeping an illegal gambling house from a second degree
misdemeanor to a third degree felony.

Slot Machines

Regarding penalties for the manufacture, sale, and possession of illegal slot machines, the bill:
 Increases general violations from a second degree misdemeanor to a first degree
misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S.
 Increases violations by a manager from a first degree misdemeanor to a third degree felony,
punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s 775.084, F.S., if:
o At the time of the violation the person is acting as a manager.
o The person in violation has one prior conviction for such violation.
 Increases violations by a manager from a third degree felony to a second degree felony,
punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s 775.084, F.S., if:
o At the time of the violation the person is acting as a manager; and
 The violation involves five or more slot machines or devices.
 Has two or more prior convictions for such violation.
 Defines “conviction” to mean “a determination of guilt that is the result of a plea or a trial,
regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
 Defines "manager" to mean “a person who, at any business, establishment, premises, or other
location at which a slot machine or device is offered for play, has:
o Authorization to operate or hold open the business, establishment, premises, or other
location without any other employee present;
o Authorization to supervise another employee or employees; or
o Any ownership interest in the business, establishment, premises, or other location.”

Regarding trafficking in slot machines or devices, the bill makes it a:
 First degree felony, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084,
F.S., to knowingly sell, purchase, manufacture, transport, deliver, or bring into this state more
than 15 slot machines or devices or any part thereof; and
o Includes an additional fine of $100,000, if the quantity of slot machines or devices or any
part thereof involved is more than 15 slot machines or devices or any part thereof, but
less than 25 slot machines or devices or any part thereof.
o Includes an additional fine of $250,000, if the quantity of slot machines or devices or any
part thereof involved is 25 slot machines or devices or any part thereof or more, but less
than 50 slot machines or devices or any part thereof.
o Includes an additional fine of $500,000, if the quantity of slot machines or devices or any
part thereof involved is 50 slot machines or devices or any part thereof or more.

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DATE: 1/12/2024
 Requires all fines imposed and collected pursuant to these provisions to be deposited into the
Pari-mutuel Wagering Trust Fund and authorizes such funds to be used for the enforcement of
chapters 546, F.S., 550, F.S., 551, F.S., and 849, F.S., by the Commission.

Regarding false or misleading statements to facilitate the sale of illegal slot machines, the bill makes it
a:
 Third degree felony, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084,
F.S., to knowingly and willfully:
o Make a materially false or misleading statement regarding the legality of a slot machine
or device for the purpose of facilitating the sale or delivery of a slot machine or device for
any money or other valuable consideration; or
o Disseminate false or misleading information regarding the legality of a slot machine or
device for the purpose of facilitating the sale or delivery of a slot machine or device for
any money or other valuable consideration.
 Second degree felony, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s.
775.084, F.S., when such a violation involves the sale or delivery, or attempted sale or delivery,
of five or more slot machines or devices.

Transporting Persons to Facilitate Illegal Gambling

The bill makes it a:
 First degree misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S., to
knowingly and willfully for profit or hire transport, or procure the transportation of, five or more
other persons into or within this state when he or she knows or reasonably should know such
transportation is for the purpose of facilitating illegal gambling.
 Third degree felony, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084,
F.S., for such violations to also include the transport, or procurement of transportation of:
o A minor or a person 65 years of age or older.
o Twelve or more persons.

For purposes of these provisions, the bill defines the term “illegal gambling” as any criminal violation of
chapter 546, F.S., 550, F.S., 551, F.S., or 849, F.S., that occurs at any business, establishment,
premises, or other location which operates for profit.

Gambling or Gaming Advertisements

The bill prohibits, except as otherwise specifically authorized by law:
 Knowingly and intentionally making, publishing, disseminating, circulating or placing before the
public, or cause, directly or indirectly, to be made, published, disseminated or circulated or
placed before the public in this state, in any manner, any advertisement, circular, bill, poster,
pamphlet, list, schedule, announcement, or notice for the purpose of promoting or facilitating
illegal gambling.
 Setting up any type or plate for any type of advertisement, circular, bill, poster, pamphlet, list,
schedule, announcement, or notice when he or she knows or reasonably should know that such
material will be used for the purpose of promoting or facilitating illegal gambling.

The bill:
 Makes violations a first degree misdemeanor, punishable as provided in s. 775.082, F.S., or s.
775.083, F.S.
 Specifies that nothing in these provisions prohibit the printing or producing of any
advertisement, circular, bill, poster, pamphlet, list, schedule, announcement, or notice to be
used for the purpose of promoting or facilitating gambling conducted in any other state or
nation, outside of this state, where such gambling is not prohibited.
 Defines the term “illegal gambling” as any criminal violation of chapter 546, F.S., 550, F.S., 551,
F.S., or 849, F.S., that occurs at any business, establishment, premises, or other location which
operates for profit.

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DATE: 1/12/2024
Preemption

The bill prohibits a county, municipality, or other political subdivision of the state from enacting or
enforcing any ordinance or local rule relating to gaming, gambling, lotteries, or any activities described
in s. 546.10, F.S., or ch. 849, F.S., except as otherwise expressly provided by the state constitution or
general law.

Bail Determinations

The bill requires courts to consider the amount of currency seized that is connected to or involved in a
violation of chapter 546, F.S., 550, F.S., 551, F.S., or 849, F.S., when determining whether to release a
defendant on bail or other conditions, and what that bail or those conditions may be.

Criminal Punishment Code

The bill:
 Conforms the offense severity ranking chart to the changes made by the bill.
 Reclassifies the offense of engaging in bookmaking as a level 3 offense.
 Ranks the offense of keeping a gambling house as a level 3 offense.
 Ranks the lottery offenses relating to setting up, promoting, assisting, conducting or advertising
a drawing for prizes, or disposing of property or money by means of lottery as a level 3 offense.
 Ranks second or subsequent violations of each of the following offenses related to conducting
an unlawful lottery as a level 3 offense:
o Attempting to operate, conduct, or advertise any lottery scheme or device.
o Possession of a lottery wheel, implement, or device whatsoever for conducting any
lottery or scheme for the disposal by lot or chance of anything of value.
o Selling, offering for sale, or transmitting, in person or by mail or in any other manner, a
lottery ticket, coupon, or share, of any lottery ticket.
o Possession of a lottery ticket, or any evidence of any share or right in any lottery ticket,
or in any lottery scheme or device, whether such ticket or evidence of share or right
represents an interest in a live lottery not yet played or whether it represents, or has
represented, an interest in a lottery that has already been played.
o Aiding or assisting in the sale, disposal, or procurement of any lottery ticket, coupon, or
share, or any right to any drawing in a lottery.
o Possession of a lottery advertisement, circular, poster, or pamphlet, or any list or
schedule of any lottery prizes, gifts, or drawings.
o Possession of so-called “run down sheets,” tally sheets, or other papers, records,
instruments, or paraphernalia designed for use, either directly or indirectly, in, or in
connection with, the violation of the laws of this state prohibiting lotteries and gambling.
 Ranks each of the following offenses related to slot machines as a level 3 offense:
o Manufacture, sale, or possession of slot machine; by manager or with prior conviction.
o False or misleading statement to facilitate sale of slot machines or devices.
o Transporting persons to facilitate illegal gambling; minor or person 65 years of age or
older or 12 or more persons.
 Ranks each of the following offenses related to slot machines as a level 5 offense:
o Manufacture, sale, or possession of a slot machine; by a manager of five or more
machines or two or more prior convictions.
o False or misleading statement to facilitate sale of slot machines or devices; five or more
machines.
o Bookmaking; second or subsequent offense.
 Ranks trafficking in slot machines or devices or any part thereof a level 7 offense.

B. SECTION DIRECTORY:
Section 1: Amends s. 843.08, F.S., relating to false personation.

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DATE: 1/12/2024
Section 2: Amends s. 849.01, F.S., relating to keeping gambling houses.

Section 3: Amends s. 849.15, F.S., relating to manufacture, sale, possession, etc., of slot machines
or devices prohibited.

Section 4: Creates s. 849.155, F.S., relating to trafficking in slot machines or devices or any parts
thereof.

Section 5: Creates s. 849.157, F.S., relating to making a false or misleading statement regarding
the legality of slot machines or devices to facilitate sale.

Section 6: Repeals s. 849.23, relating to Penalty for violations of ss. 849.15-849.22, F.S.

Section 7: Creates s. 849.47, F.S., relating to transporting or procuring the transportation of
persons to facilitate illegal gambling.

Section 8: Creates s. 849.48, F.S., relating to gambling or gaming advertisements; prohibited.

Section 9: Creates s. 849.49, F.S., relating to preemption.

Section 10: Amends s. 903.046, F.S., relating to purpose of and criteria for bail determination.

Section 11: Amends s. 921.0022, F.S., relating to Criminal Punishment Code; offense severity
ranking chart.

Section 12: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may prevent or reduce illegal gambling, which will protect vulnerable populations, and reduce
secondary criminal activity, including money laundering, drug trafficking, violent crime, and more.

D. FISCAL COMMENTS:
The fiscal impact to the state and local government is indeterminate. The bill increases and creates
new criminal penalties for violations relating to illegal gambling. This may create a positive fiscal impact
to the state and local governmental entities that receive proceeds from the related fines. This may also
STORAGE NAME: pcs0189.RRS PAGE: 13
DATE: 1/12/2024
create a negative fiscal impact to those entities relating to administration of enforcement. The Criminal
Justice Impact Conference has not yet analyzed this bill.

Regarding trafficking in slot machines or devices, the bill:
 Requires all fines imposed and collected pursuant to these provisions to be deposited into the
Pari-mutuel Wagering Trust Fund; and
 Authorizes such funds to be used for the enforcement of chapters 546, F.S., 550, F.S., 551,
F.S., and 849, F.S., by the Commission.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: pcs0189.RRS PAGE: 14
DATE: 1/12/2024

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Regulatory Reform & Economic Development Subcommittee — Meeting Packet, January 17, 2024

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