Meeting Packet — Florida House Commerce Committee (Tuesday, January 23, 2024)

Summary

Meeting packet of the Florida House of Representatives Commerce Committee for Tuesday, January 23, 2024, with Bob Rommel as Chair and Paul Renner as Speaker. The meeting agenda lists CS/CS/HB 49 Employment and Curfew of Minors, HB 81 Civil Penalties Under The Gas Safety Law of 1967 by Brackett, CS/HB 215 Risk Retention Groups, CS/HB 283 Self-service Storage Facility Liens and HB 473 Cybersecurity Incident Liability by Giallombardo, among other bills. It also lists PCS for HB 133 -- Criminal History of Licensees and Employees and PCS for HB 1459 -- Advanced Technology. The packet includes the House of Representatives staff analysis of CS/CS/HB 49.

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“Meeting Packet — Florida House Commerce Committee (Tuesday, January 23, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-23-3220-commerce-committee-meeting-packets-mtg14229-51e0a57fe2/, SHA-256 9059e05b5f7d7cf63f3d4171b33f7a52fd5b86c9c165b57a9f9425c9e4c5a119.

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Commerce Committee
Tuesday, January 23, 2024
12:30 PM - 2:30 PM
Webster Hall (212 Knott)

Meeting Packet

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

Paul Renner Bob Rommel
Speaker Chair

Meeting Agenda
Tuesday, January 23, 2024
12:30 pm – 2:30 pm
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

CS/CS/HB 49 Employment and Curfew of Minors by Local Administration, Federal Affairs &
Special Districts Subcommittee, Regulatory Reform & Economic Development Subcommittee,
Chaney

HB 81 Civil Penalties Under The Gas Safety Law of 1967 by Brackett

CS/HB 215 Risk Retention Groups by Insurance & Banking Subcommittee, Truenow

CS/HB 283 Self-service Storage Facility Liens by Civil Justice Subcommittee, Borrero

CS/HB 303 Rabies Vaccinations by Regulatory Reform & Economic Development
Subcommittee, Killebrew

HB 473 Cybersecurity Incident Liability by Giallombardo

CS/HB 481 Building Construction Regulations and System Warranties by Civil Justice
Subcommittee, Maggard

CS/HB 551 Designation of Eligible Telecommunications Carriers by Energy, Communications &
Cybersecurity Subcommittee, Barnaby

CS/HB 623 Home Warranty Transfers by Insurance & Banking Subcommittee, Steele

HB 825 Underground Facilities by Koster

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 849 Veterinary Practices by Killebrew, Buchanan

HB 1461 Pub. Rec./Investigations by the Department of Legal Affairs by McFarland

Consideration of the following proposed committee substitute(s):

PCS for HB 133 -- Criminal History of Licensees and Employees

PCS for HB 1459 -- Advanced Technology

V. Closing Remarks

VI. Adjournment
CS/CS/HB 49
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 49 Employment and Curfew of Minors
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Regulatory Reform &
Economic Development Subcommittee, Chaney
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development 10 Y, 5 N, As CS Thompson Anstead
Subcommittee

2) Local Administration, Federal Affairs & Special 12 Y, 5 N, As CS Burgess Darden
Districts Subcommittee

3) Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
Subject to some exceptions, federal and state child labor laws prevent work hours and timeframes from
interfering with the child’s health, safety, and education. At the federal level, the Fair Labor Standards Act
(FLSA) determines the minimum age for work during school hours, performing certain jobs after school, and
places restraints on work considered hazardous. Florida’s Child Labor Law also restricts the employment of
minors, sometimes more than federal law. Florida’s Child Labor Law contains protections specifically directed
to 16 and 17-year-olds, including restrictions on what times during a day they may work, how many hours in a
week they may work, and what jobs or occupations they may perform.

Florida authorizes cities and counties to enact their own curfew ordinances for minors under the age of 16. The
law provides that any minor under the age of 16 cannot be present at a public establishment during the
following hours, not including legal holidays:
 Sunday to Thursday from 11:00 p.m. to 5:00 a.m.
 Saturday or Sunday from 12:01 a.m. to 6:00 a.m.
 9:00 a.m. to 2:00 p.m. if suspended from school.

The statutory curfew does not apply unless the curfew is adopted by a governing body of the county or
municipality. A governing body of a county or municipality is allowed to adopt restrictions that are more or less
stringent than the statutory curfew.

The bill:
 Removes restrictions concerning the number of work hours per day and per week for minors 16 and 17
years-of-age, and specifies that minors 16 and 17 years-of-age may work the same number of hours as
a person who is 18 years-of-age or older.
 Revises the times of day in which minors 16 and 17 years-of-age may work.
 Limits the restriction that currently prohibits 16- and 17-year-olds from working more than 6 consecutive
days in any one week, or working 4 hours continuously without a break of at least 30 minutes for a meal
period to only apply to minors age 15 or younger.
 Requires 16- and 17-year-olds to be granted breaks and meal periods in the same manner as
employees who are 18 years of age or older.
 Requires juvenile curfews adopted by county or municipal ordinance to include certain exceptions.

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

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

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Federal Fair Labor Standards Act

The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections. 1 Congress adopted the FLSA to prevent
substandard labor conditions from being used as an “unfair method of competition.” 2 The FLSA covers
employees and enterprises engaged in interstate commerce. An enterprise is covered if it has annual
sales or business done of at least $500,000.3 Regardless of the dollar volume of business, the FLSA
applies to hospitals; institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled
who reside on the premises; schools for children who are mentally or physically disabled or gifted;
federal, state, and local governments; and preschools, elementary and secondary schools, and
institutions of higher education.4

The FLSA was adopted as a minimum set of standards, which allowed states to provide more
protections for employees. Under the FLSA, if states enact minimum wage, overtime, or child labor
laws that are more protective than what is provided by the FLSA, the state law applies.5 Because states
may enact laws that are more protective than what is provided by the FLSA, minimum wage, overtime,
and child labor standards vary state by state.

Child Labor

The FLSA prohibits the employment of “oppressive child labor” in the United States and the shipment of
goods made in proximity to oppressive child labor.6 The FLSA establishes a general minimum age of
16 years for employment in nonhazardous occupations, and a minimum age of 18 years for
employment in any occupation determined by the Secretary of Labor to be hazardous to the health or
well-being of minors. However, children younger than 16 may work if certain conditions are met, and
rules for agricultural and nonagricultural employment vary significantly. 7

According to the US Department of Labor (DOL), two things are certain:8
 Once an employee is 18 years-of-age, there are no Federal child labor rules.
 Federal child labor rules do not require work permits. However, many states issue age
certificates if you are asked to provide them by your employer.

Nonagricultural Employment – Minimum Standards

For nonexempt children, the minimum age for employment in nonagricultural occupations is :9
 18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the
health and well-being of children (i.e., “hazardous occupations”);
 16 years-of-age for employment in nonhazardous occupations; or

1 29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2 Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
3 29 C.F.R. §§779.258-779.259.
4 29 U.S.C. §203(s)(1).
5 29 U.S.C. § 218.
6 29 U.S.C. §212.
7 Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar. 8, 2023),

https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Nov. 30, 2023).
8 US Department of Labor, Fair Labor Standards Act (FLSA) Child Labor Rules Advisor,

https://webapps.dol.gov/elaws/whd/flsa/cl/default.htm (last visited Dec. 3, 2023).
9 29 C.F.R. § 570.2.
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 14 years-of-age for a limited set of occupations, with restrictions on hours and work conditions,
as determined by the Secretary of Labor.

A child under the age of 14 may not be employed unless his or her employment is explicitly excluded
from the definition of oppressive child labor (e.g., a parent is the child’s sole employer in a
nonhazardous occupation) or exempt from the FLSA child labor provisions (e.g., newspaper delivery).10

The hours and times of day that 14- and 15-year-olds are allowed to work and specific occupations that
are permitted or prohibited for such minors in nonagricultural occupations are set by federal and state
law.

The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours and
times-of-day:11
 Outside of school hours;12
 Not more than 40 hours in any 1 week when school is not in session;
 Not more than 18 hours in any 1 week when school is in session;
 Not more than 8 hours in any 1 day when school is not in session;
 Not more than 3 hours in any 1 day when school is in session, including Fridays; and
 Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day)
when the evening hour will be 9 p.m.

Oppressive Child Labor

The following occupations constitute oppressive child labor within the meaning of the FLSA when
performed by minors who are 14 and 15 years-of-age:13
 Manufacturing, mining, or processing occupations.
 Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and
declare to be hazardous for the employment of minors between 16 and 18 years of age or
detrimental to their health or well-being.
 Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
hoisting apparatus.
 Work performed in or about boiler or engine rooms or in connection with the maintenance or
repair of the establishment, machines, or equipment.
 Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
any power-driven machinery, including but not limited to lawn mowers, golf carts, all-terrain
vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers,
food processors, food cutters, and food mixers. Youth 14 and 15 years of age may, however,
operate office equipment pursuant to § 570.34(a) and vacuum cleaners and floor waxers
pursuant to § 570.34(h).
 The operation of motor vehicles.
 Outside window washing that involves working from window sills, and all work requiring the use
of ladders, scaffolds, or their substitutes.
 All baking and cooking activities except that cooking which is permitted by § 570.34(c).
 Work in freezers and meat coolers and all work in the preparation of meats for sale except as
permitted by § 570.34(j). This section, however, does not prohibit the employment of 14- and
15-year-olds whose duties require them to occasionally enter freezers only momentarily to
retrieve items as permitted by § 570.34(i).
 Youth peddling, which entails the selling of goods or services to customers at locations other
than the youth-employer's establishment, such as the customers' residences or places of
business, or public places such as street corners and public transportation stations.

10 29 C.F.R. § 570.119.
11 75 C.F.R. § 28448 (2010).
12 29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides while

employed is in session during the regularly scheduled school year.
13 29 C.F.R. § 570.33.
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 Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or
conveyors, except the loading and unloading of personal non-power-driven hand tools, personal
protective equipment, and personal items to and from motor vehicles as permitted by §
570.34(k).
 Catching and cooping of poultry in preparation for transport or for market.
 Public messenger service.
 Occupations in connection with transportation of persons or property, warehousing and storage,
communications and public utilities, and construction (including demolition and repair).

Authorized Occupations

The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age when
performed within the required timeframes:14
 Office and clerical work, including the operation of office machines.
 Work of an intellectual or artistically creative nature.
 Cooking with electric or gas grills which does not involve cooking over an open flame.
 Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and
comparative shopping.
 Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
 Bagging and carrying out customers' orders.
 Errand and delivery work by foot, bicycle, and public transportation.
 Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance of
grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar
equipment.
 Kitchen work and other work involved in preparing and serving food and beverages.
 Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and
stocking of items.
 The loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-
driven, hand tools and personal protective equipment that the minor will use as part of his or her
employment at the work site; and the loading onto motor vehicles and the unloading from motor
vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is
permitted to take to the work site.
 The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties at
traditional swimming pools and water amusement parks (including such water park facilities as
wave pools, lazy rivers, specialized activity areas that may include water falls and sprinkler
areas, and baby pools; but not including the elevated areas of power-driven water slides) when
such youth have been trained and certified by the American Red Cross, or a similar certifying
organization, in aquatics and water safety.
 Employment inside and outside of places of business where machinery is used to process wood
products.
 Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy
service; car cleaning, washing and polishing by hand; and other occupations permitted by this
section, but not including work involving the use of pits, racks, or lifting apparatus, or involving
the inflation of any tire mounted on a rim equipped with a removable retaining ring.
 Work in connection with riding inside passenger compartments of motor vehicles.

14 29 C.F.R. § 570.34.
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Agricultural Employment – Minimum Standards

With some exceptions, the minimum age for employment in agricultural occupations is:
 16 years-of-age for employment in any agricultural job, including those determined to be
hazardous by the Secretary of Labor, with no restrictions on hours of work; 15
 14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours; 16
 12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside of
school hours, with the written consent of a parent; written consent is not required if the work
takes place on a farm that also employs the child’s parent; 17
 10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to
eight weeks in nonhazardous agricultural jobs, outside of school hours, with the written consent
of a parent, providing the employer has obtained a waiver permitting this employment from the
Secretary of Labor;18 or
 Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of school
hours on certain small farms, with a parent’s written consent. 19

A child of any age who is employed by a parent on a farm owned or operated by the parent may work
without restriction.20 DOL regulations also provide limited exemptions to child labor rules concerning
hazardous agricultural occupations for student learners and graduates of vocational training programs
that meet regulatory criteria.21

FLSA Child Labor Exemptions

The FLSA excludes the following occupations and work arrangements from coverage of its child labor
provisions:
 Children with a Parental Employer: Children who work for a parent or a person standing in place
of a parent22 in an occupation other than manufacturing, mining, or hazardous work may be
employed at any age and for any number of hours.23
 Child Performers: Children of any age may be employed as actors or performers in motion
pictures or in theatrical, radio, or television productions.24

15 29 C.F.R. § 570.2.
16 29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
17 29 U.S.C. §213(c)(1)(B).
18 The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year

old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations -Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
19 29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum

wage provisions because they employed fewer than 500 “man -days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
20 29 U.S.C. §213(c)(2).
21 29 C.F.R. §570.72.
22 Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as inc luding “natural parents, or any

other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own fa mily,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
23 This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes

children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
24 29 U.S.C. §213(c)(3).
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 Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
consumers.25
 Evergreen Wreath Producers (Homebased): Children of any age may be employed as
homeworkers to make evergreen wreaths and to harvest forest products used in making such
wreaths.26

Hazardous Occupations

Seventeen groups of nonagricultural occupations have been determined to be hazardous or detrimental
to the health or well-being of children between the ages of 16 and 18 years. 27 Employment in these
jobs is prohibited, with limited exemptions for registered apprentices and student learners. 28 In some
instances, children’s employment is banned in entire industries (e.g., coal mining) with some
exceptions for office, sales, or maintenance work; others prohibit children’s exposure to materials (e.g.,
radioactive substances) or equipment (e.g., power-driven hoisting apparatus).

Eleven types of agricultural occupations have been determined to be hazardous, in which—with few
exceptions—a child below the age of 16 may not be employed.29 These include, for example, handling
or applying certain agricultural chemicals, and working on a farm in a pen occupied by a stud horse
maintained for breeding purposes. The prohibition on employment in agricultural hazardous
occupations does not apply to children employed by a parent on a farm owned or operated by the
parent.30 When certain requirements are met, student learners and graduates of tractor or machine
operation programs that meet regulatory criteria may be employed in select hazardous occupations.

FLSA Violations

Two remedies are available for violations of the FLSA child labor provisions. The Secretary of Labor
may assess civil penalties or seek other relief, including injunctive relief. Employers who violate the
FLSA child labor provisions may be assessed the following civil penalties:
 Up to $15,138 for each employee who was the subject of a child labor violation; or
 Up to $68,801 for each violation that causes the death or serious injury of a minor employee, a
penalty may be doubled if the violation is a repeated or willful violation. 31

U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions. 32 For
example, a federal court may order an employer to halt employment of a minor in a hazardous
occupation or may enjoin a producer from shipping goods out of state from an establishment in or
about which a child labor violation has occurred. Criminal penalties are also prescribed for willful
violations of the FLSA’s child labor provisions.33

25 29 U.S.C. §213(d).
26 29 U.S.C. §213(d).
27 29 C.F.R. §§570.50-570.68.
28 The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is

employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b) and (c).
29 Hazardous agricultural occupations are described in 29 C.F.R. §570.71; exemptions to the ban o n children’s

employment in hazardous agricultural occupations are in 29 C.F.R. §570.72.
30 29 U.S.C. §213(c)(2).
31 These civil money penalties took effect on January 16, 2023, and are as adjusted for inflation as provided by the

Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
32 29 U.S.C. §217.
33 Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, Mar.8, 2023, at 17

https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Dec. 3, 2023).
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Florida Child Labor Law

The Florida Department of Business and Professional Regulation, Division of Regulation, administers
and enforces the state’s Child Labor Law 34 through its Child Labor Program.35 The “mission of the Child
Labor Program is to provide a program of education, enforcement, and administrative initiatives
designed to achieve full compliance in the enforcement of Child Labor laws and ensure the health,
education and welfare of Florida’s working minors.”36

Florida’s Child Labor Law restricts the employment of minors, sometimes more than federal law. Once
a worker reaches the age of 18, child labor laws do not restrict their employment.

Florida’s Child Labor Law defines “child” or “minor” as any person 17 years of age or younger, unless:37
 The person is or has been married;
 The person’s disability of nonage has been removed by a court of competent jurisdiction;
 The person is serving or has served in the Armed Forces of the United States;
 It has been found by a court having jurisdiction over the person that it is in the best interest of
such minor to work and the court specifically approves any employment of such person,
including the terms and conditions of such employment; or
 The person has graduated from an accredited high school or holds a high school equivalency
diploma.

Minimum Age

Under Florida’s Child Labor law, minors of any age may be employed as follows:38
 As pages in the Florida Legislature.
 By the entertainment industry as prescribed in ss. 450.012, F.S., and 450.132, F.S.
 In domestic or farm work in connection with their own homes or the farm or ranch on which they
live, or directly for their own parents or guardian, or in the herding, tending, and management of
livestock, during the hours they are not required by law to be in school.

The law provides the following prohibitions:
 Persons 10 years-of-age or younger: Prohibited from engaging in the sale and distribution of
newspapers.
 Except as provided above, persons 13 years-of-age or younger: Prohibited from being
employed, permitted, or suffered to work in any gainful occupation at any time.
 Persons 17 years old or younger: Whether or not such person’s disabilities of nonage have
been removed by marriage or otherwise, are prohibited from being employed, permitted, or
suffered to work in any place where alcoholic beverages are sold at retail, except as provided in
s. 562.13, F.S.39 For example, a 16- or 17-year-old may work at a grocery store that sells
alcohol under certain conditions and a restaurant that sells beer and wine under certain
conditions.

The law provides the following prohibition to prevent minors being exploited and becoming victims of
human trafficking:40

34 See ss. 450.001-450.165, F.S.
35 S. 450.155, provides that Child Labor Law program appropriations made by the Legislature shall be used to carry out the proper
responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide education about the
Child Labor Law to employers, public school employees, the general public, and working youth.
36 Florida Department of Business and Professional Regulation, Child Labor, http://www.myfloridalicense.com/ DBPR/child-labor/

(last visited Dec. 3, 2023).
37 S. 450.012(3), F.S.
38 S. 450.021, F.S.
39 Section 562.13, F.S., prohibits any vendor licensed under the Beverage Law from employing any person under 18 years of age.

However, this section provides specific exceptions, including, but not limited to, professional entertainers under 17 years o f-age,
certain minors employed in the entertainment industry, persons under the age of 18 employed in drugstores, grocery stores,
department stores, florists, specialty gift shops, or automobile service stations for consumption off the premises.
40 S. 450.021(5), F.S.
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 A person under the age of 18, whether or not such person’s disabilities of nonage have been
removed by marriage or otherwise, may not be employed, permitted, or suffered to work in an
adult theater, as defined in s. 847.001(2)(b), F.S.

Hazardous Occupations

Florida law prohibits minors 15 years-of-age or younger, whether or not such person’s disabilities of
nonage have been removed by marriage or otherwise, from being employed or permitted or suffered to
work in any of the following occupations:41
 In connection with power-driven machinery, except power mowers with cutting blades 40 inches
or less.
 In any manufacturing that makes or processes a product with the use of industrial machines.
 The manufacture, transportation, or use of explosive or highly flammable substances.
 Sawmills or logging operations.
 On any scaffolding.
 In heavy work in the building trades.
 In the operation of a motor vehicle, except a motorscooter which he or she is licensed to
operate, except that 14-year-old and 15-year-old workers may drive farm tractors in the course
of their farmwork under the close supervision of their parents on a family-operated farm, and
except that qualified 14-year-old and 15-year-old workers may drive tractors in the course of
their farmwork under the close supervision of the farm operator. “Qualified,” as used herein,
means having completed a training course in tractor operation sponsored by a recognized
agricultural or vocational agency, as evidenced by duly executed certificate, such certificate to
be filed with the farm operator for the duration of the employment.
 In oiling, cleaning, or wiping machinery or shafting or applying belts to pulleys.
 In repairing of elevators or other hoisting apparatus.
 Work in freezers or meat coolers and all work in preparation of meats for sale, except wrapping,
sealing, labeling, weighing, pricing, and stocking when performed in another area. This shall not
prohibit work done in the normal operations of a food service facility licensed by chapter 509,
F.S.
 In the operation of power-driven laundry or drycleaning machinery or any similar power-driven
machinery.
 At spray painting.
 Alligator wrestling, work in connection with snake pits, or similar hazardous activities.
 Door-to-door selling of magazine subscriptions, candy, cookies, flowers, or other merchandise
or commodities, except merchandise of nonprofit organizations, such as the Girl Scouts of
America or the Boy Scouts of America.
 In working with meat and vegetable slicing machines.

Florida law prohibits minors under 18 years-of-age, whether such person’s disabilities of nonage have
been removed, from being employed or permitted or suffered to work in any of the following places of
employment or in any of the following occupations: 42
 In or around explosive or radioactive materials.
 On any scaffolding, roof, superstructure, residential or nonresidential building construction, or
ladder above 6 feet.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 In or around toxic substances or corrosives, including pesticides or herbicides, unless proper
field entry time allowances have been followed.
 Any mining occupation.
 In the operation of power-driven woodworking machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.

41 S. 450.061(1), F.S.
42 S. 450.061(2), F.S.
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 In the operation of power-driven hoisting apparatus.
 In the operation of power-driven metal forming, punching, or shearing machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 Slaughtering, meat packing, processing, or rendering, except as provided in 29 C.F.R. s.
570.61(c), F.S.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 In the operation of power-driven bakery machinery.
 In the operation of power-driven paper products and printing machines.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 Manufacturing brick, tile, and like products.
 Wrecking or demolition.
 Excavation operations.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 Logging or sawmilling.
 Working on electric apparatus or wiring.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 Firefighting.
o Does not apply to the employment of student learners under the conditions prescribed in
s. 450.161, F.S.
 Operating or assisting to operate, including starting, stopping, connecting or disconnecting,
feeding, or any other activity involving physical contact associated with operating, a tractor over
20 PTO horsepower, any trencher or earthmoving equipment, fork lift, or any harvesting,
planting, or plowing machinery, or any moving machinery.

Florida law prohibits the employment of minors under 18 years-of-age, whether such person’s
disabilities of nonage have been removed by marriage or otherwise, from being employed or permitted
or suffered to work in any place of employment or at any occupation hazardous or injurious to the life,
health, safety, or welfare of such minor, as such places of employment or occupations may be
determined and declared by the department to be hazardous and injurious.

These prohibitions do not apply to minors employed in the entertainment industry. 43

Hours of Work

Generally, Florida law allows minors who are 16 and 17 years-of-age to work in a broad range of jobs,
unless the jobs are hazardous. Minors who are 14 and 15 years-of-age are allowed to work in a broad
range of jobs but are limited in the number of hours per day and per week they may work, especially
when school is in session.44 Minors 13 years old or younger are prohibited from working in Florida,
except in some limited situations.

Minors Under the Age of 16

For minors younger than 16 years-of-age, Florida Child Labor Law provides the following restrictions on
hours of work:
 Before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15
hours in any one week.
 More than 3 hours on any school day, if not enrolled in a career education program, unless
there is no session of school the following day.
 During holidays and summer vacations:

43 S. 450.061(4), F.S.
44 See S. 450.081, F.S.
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o Before 7 a.m. or after 9 p.m.;
o For more than 8 hours in any one day; or
o For more than 40 hours in any one week.

Sixteen and Seventeen-Year-Olds

For minors 16 and 17 years-of-age, Florida’s Child Labor Law provides the following restrictions on
hours of work:
 Before 6:30 a.m. or after 11:00 p.m.
 More than 8 hours in any one day when school is scheduled the following day.
 When school is in session, more than 30 hours in any one week.
 During school hours on any school day, if not enrolled in a career education program.
 More than 6 consecutive days in any one week.
 More than 4 hours continuously without an interval of at least 30 minutes for a meal period.
o No period of less than 30 minutes is deemed to interrupt a continuous period of work.

Exemptions

The hours of work restrictions do not apply to the following:45
 Minors 16 and 17 years-of-age who have graduated from high school or received a high school
equivalency diploma.
 Minors who are within the compulsory school attendance age limit who hold a valid certificate of
exemption issued by the school superintendent or his or her designee pursuant to the
provisions of s. 1003.21(3), F.S.
 Minors enrolled in a public educational institution who qualify on a hardship basis such as
economic necessity or family emergency.
o Such determination must be made by the school superintendent or his or her designee,
and a waiver of hours must be issued to the minor and the employer.
 Children in domestic service in private homes, children employed by their parents, or pages in
the Florida Legislature.

Florida law provides that the presence of any minor in any place of employment during working hours is
prima facie evidence of his or her employment.46

Partial Waivers

In extenuating circumstances when it clearly appears to be in the best interest of the child, DBPR is
authorized to grant a waiver of the restrictions imposed by the Child Labor Law on the employment of a
child. Such waivers are granted upon a case-by-case basis and based upon such factors as the
department, by rule, establishes as determinative of whether such waiver is in the best interest of a
child.47

DBPR, or the school district designee if the minor is enrolled in the public school system, is authorized
to grant a waiver of any restriction imposed by the Child Labor Law, or by rule. In determining whether
to grant a Partial Waiver, the Department shall consider all relevant information which may establish
what is in the best interest of the minor, including:48
 School Status: DBPR, or the school district designee, is required to grant a partial waiver based
on school status when:
o The minor will receive instruction by a tutor at the place of employment;
o The minor has been authorized by the District School Superintendent to complete his or
her education through alternative methods such as home school;
o The minor has been permanently expelled from the public school system;

45 S. 450.081(5), F.S.
46 S. 450.081(6), F.S.
47 S. 450.095, F.S.
48 R. 61L-2.007, F.A.C.
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o The minor is enrolled in school in a foreign country and is visiting Florida during his or
her home country’s non-school period; or
o The employment would provide an educational, vocational, or public service experience
that would be beneficial to the minor.
 Documentation shall consist of confirmation from the minor’s school principal or
the Superintendent of the School District and of copies of school records clearly
defining the minor’s school status.
 Financial Hardship: DBPR, or the school district designee, is required to grant a partial waiver
based on financial hardship when compliance with the Child Labor Law or rule will result in
undue financial hardship for the minor or the minor’s immediate family. Documentation must
include:
o A notarized letter, explaining the particular circumstances creating a hardship, from a
parent, guardian, or other adult, who knows and can attest to the minor’s financial
hardship; written confirmation from a school recently attended;
o Documentation from a social service agency; or
o Verification of participation in AFDC, Food Stamp, Project Independence, or other
similar programs.
o DBPR is authorized to require other documentation which proves financial hardship.
 Medical Hardship: DBPR, or the school district designee, must grant a partial waiver based on
medical hardship when compliance with the Child Labor Law or rule will result in physical or
mental hardship for the minor. Documentation may consist of written confirmation from the
minor’s physician stating the specific medical reasons that require the minor to be excused from
mandatory school attendance and affirming that the minor to be excused from mandatory
school attendance may be allowed to work the requested hours, or that the minor should be
considered an adult for the purpose of work hours.
 Other Hardship: DBPR, or school district designee, must grant a partial waiver based on other
hardship when compliance with the Child Labor Law or rule will result in unreasonable hardship
to the minor in specific situations.
 Court Order: DBPR, or the school district designee, must grant a partial waiver based on a court
order when compliance with the Child Labor Law or rule will result in the minor violating an
order issued by a court mandating that the minor work specified hours or in a specified
occupation.

According to DBPR, for the current fiscal year, the department has received 1,416 waiver applications.
Of this amount, 639 have been approved and 777 have been found to be deficient. 49

Enforcement

DBPR and local law enforcement are required to:50
 Enforce the provisions of the Child Labor Law;
 Make complaints against persons violating its provisions; and
 Prosecute violations.

DBPR is authorized to enter and inspect at any time any place or establishment covered by this law
and to have access to age certificates kept on file by the employer and other records. Designated
school representatives are required to report to DBPR all violations of the Child Labor Law.51

The Child Labor Law also provides that:
 Trial courts in the state have the duty to issue warrants and try cases within their jurisdiction in
connection with violations of the Child Labor Law.
 Grand juries have inquisitorial powers to investigate violations, and trial court judges shall
specially charge the grand jury to investigate violations of the Child Labor Law.

49 Email from Derek Miller, Director of Legislative Affairs, Florida Department of Business and Professional Regulation, RE: Child
Labor Partial Waivers, (Dec. 11, 2023).
50 S. 450.121(1), F.S.
51 S. 450.121(2), F.S.
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The Child Labor Law provides the following penalties for violations:52
 Second degree misdemeanor, punishable by up to 60 days in prison53 and a $500 fine.54
o Each day during which any violation of this law continues, and the employment of any
minor in violation of the law, constitutes a separate and distinct offense.
 Second degree felony, punishable by up to 15 years in prison, 55 a $10,000 fine,56 or up to 30
years in prison for habitual offenders 57 any person who:58
o Takes, receives, hires, employs, uses, exhibits, or, in any manner or under any
pretense, causes or permits any child less than 18 years of age to suffer;
o Inflicts upon any such child unjustifiable physical pain or mental suffering;
o Willfully causes or permits the life of any such child to be endangered or his or her
health to be injured or such child to be placed in such situation that his or her life may be
endangered or health injured; or
o Has in custody any such child for any of these purposes.

The Child Labor Law authorizes DBPR to provide administrative fines not to exceed $2,500 per
offense.59 Upon discovery by DBPR that an employer is in violation, it is required to give written notice
to the employer specifying the violation, the facts alleged to constitute the violation, and the
requirements and time limitations for remedial action. If the employer refuses or fails to comply, DBPR
is authorized to seek assessment of the following schedule of fines:60

3 rd and
Subsequent
Violation 1st Offense 2nd Offense Offenses
Child Labor Poster Up to $500 Up to $1,000 Up to $1,500
Employment of Minor Up to $1,000 Up to $1,500 Up to $2,500
Proof of Age or Copy of Partial Waiver Up to $700 Up to $1,200 Up to $2,000
Employment of Minor in Violation of Beverage law. Up to $1,000 Up to $1,500 Up to $2,500
Work Hours or Consecutive Days Up to $1,000 Up to $1,500 Up to $2500
Hazardous Occupation Up to $1,500 Up to $2,000 Up to $2,500
Employment of minor in violation of any provision of Child Labor. Up to $2,500 Up to $2,500 Up to $2,500
Law or this rule chapter which results in injury or death to minor.
Violation of proof of age and identity requirements for Adult Up to $1,000 Up to $2,000 Up to $2,500
Theaters.
Any other violation of the Child Labor Law or this rule chapter. Up to $1,000 Up to $1,500 Up to $2,500
Failure to provide records or documentation upon request. Up to $500 Up to $1,200 Up to $2,000

Career Education Exemptions

Florida’s Child Labor Law specifies that it does not:
 Prevent minors of any age from receiving career education furnished by the U.S., this state, or
any county or other political subdivision of this state and duly approved by the Department of
Education or other duly constituted authority, nor any apprentice indentured under a plan
approved by the Department of Economic Opportunity; or
 Prevent the employment of any minor 14 years of age or older when such employment is
authorized as an integral part of, or supplement to, such a course in career education and is
authorized by regulations of the district school board of the district in which such minor is

52 S. 450.141(1), F.S.
53 S. 775.082, F.S.
54 S. 775.083, F.S.
55 S. 775.082, F.S.
56 S. 775.083, F.S.
57 S. 775.084, F.S.
58 S. 450.151, F.S.
59 S. 450.141(2), F.S.
60 R. 61L-2.009, F.A.C.
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employed, provided the employment is in compliance with the provisions of ss. 450.021(4), F.S.
and 450.061, F.S.

Exemptions for the employment of student learners 16 to 18 years-of-age provided in s. 450.061, F.S.,
apply when:61
 The student learner is enrolled in a youth vocational training program under a recognized state
or local educational authority.
 Such student learner is employed under a written agreement that provides:
o That the work of the student learner in the occupation declared particularly hazardous
shall be incidental to the training.
o That such work shall be intermittent and for short periods of time and under the direct
and close supervision of a qualified and experienced person.
o That safety instructions shall be given by the school and correlated by the employer with
on-the-job training.
o That a schedule of organized and progressive work processes to be performed on the
job shall have been prepared.

Proof of Identity

In order to hire a child to work, the law requires an employer to obtain and keep on record during the
entire period of employment proof of the child’s age.62 Employers who hire minors are also required to
post posters notifying minors of the Child Labor Law.63

Local Juvenile Curfew Ordinances

Florida authorizes cities and counties to enact their own curfew ordinances for minors under the age of
16.64 The law provides the following statutory restrictions that do not apply unless they are adopted by
a governing body of the county or municipality:65
 A minor may not be or remain in a public place or establishment between the hours of 11:00
p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal
holiday.
 A minor may not be or remain in a public place or establishment between the hours of 12:01
a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.
 A minor who has been suspended or expelled from school may not be or remain in a public
place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00
p.m. during any school day.

Local curfew ordinances for minors under the age of 16 are allowed to be more or less stringent than
the statutory curfew.66

These restrictions do not apply to a minor who is:67
 Accompanied by his or her parent or by another adult authorized by the minor’s parent to have
custody of the minor.
 Involved in an emergency or engaged, with his or her parent’s permission, in an emergency
errand.
 Attending or traveling directly to or from an activity that involves the exercise of rights protected
under the First Amendment of the United States Constitution.

61 S. 450.161, F.S.
62 S. 450.045(1), F.S. Such proof must include photocopies of the child’s birth certificate and driv er license, an age certificate issued
by the district school board of the district in which the child is employed, certifying the child’s date of birth, or a photo copy of a
passport or visa which lists the child’s date of birth.
63 S. 450.045(2), F.S.
64 See ss. 877.20-877.25, F.S.
65 S. 877.22, F.S.
66 S. 877.25, F.S.
67 S. 877.24, F.S.
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 Going directly to or returning directly from lawful employment, or who is in a public place or
establishment in connection with or as required by a business, trade, profession, or occupation
in which the minor is lawfully engaged.
 Returning directly home from a school-sponsored function, a religious function, or a function
sponsored by a civic organization.
 On the property of, or on the sidewalk of, the place where the minor resides, or who is on the
property or sidewalk of an adult next-door neighbor with that neighbor’s permission.
 Engaged in interstate travel or bona fide intrastate travel with the consent of the minor’s parent.
 Attending an organized event held at and sponsored by a theme park or entertainment complex
as defined in s. 509.013(9), F.S.

A minor in violation must receive a written warning for a first violation. A minor who violates this section
after having received a prior written warning is guilty of a civil infraction and must pay a fine of $50 for
each violation.68

A minor who violates a curfew and is taken into custody must be transported immediately to a police
station or facility operated by a religious, charitable, or civic organization that conducts a curfew
program in cooperation with a local law enforcement agency. 69

After recording pertinent information about the minor, law enforcement is required to attempt to contact
the parent of the minor, and:70
 If successful, request that the parent take custody of the minor and must release the minor to
the parent.
 If not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if
the parent refuses to take custody of the minor, the law enforcement agency is authorized to
transport the minor to her or his residence or take the child into custody as provided under part
IV of chapter 39, F.S.

The parent of a minor who knowingly permits the minor to violate the curfew law is required to receive a
written warning for a first violation. A parent who knowingly permits the minor to violate the curfew law
after receiving a prior written warning is guilty of a civil infraction and subject to a fine of $50 for each
violation.71

According to a 2016 Florida Attorney General opinion, if a municipality adopts an ordinance that
incorporates the state juvenile curfew provisions (ss. 877.20 – 877.24, F.S.) by reference, “it may not
alter the statutory terms expressed in the statutes.” However, the authority (s. 877.25, F.S.) to provide
restrictions more stringent or less stringent than the state curfew provisions, does not “preclude a
municipality from adopting an independently crafted juvenile curfew ordinance, but any such locally-
crafted language must comport with federal and state constitutional law relating to juvenile curfews.” 72

Effect of the Bill

Child Labor

The bill removes the following restrictions on work hours for minors 16 and 17 years-of-age:
 Working for more than 8 hours in any one day when school is scheduled the following day.
 When school is in session, working more than 30 hours in any one week.

The bill revises the following restrictions on work hours for minors 16 and 17 years-of-age by:

68 Id.
69 Id.
70 Id.
71 S. 877.23, F.S.
72 2016-11 Fla. Op. Att’y Gen. (2016).
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 Prohibiting work before 6:00 a.m. when school is scheduled the following day.
 Allowing such minors to be gainfully employed during school hours if they are enrolled in a
home education program, enrolled in an approved virtual instruction program, or the student no
longer attends school pursuant to s. 1003.21., F.S.

The bill reduces the age from 17 years-of-age to 15 years-of-age, which will continue to prohibit minors
15 years old or younger from working more than:
 6 consecutive days in any one week.
 4 hours continuously without an interval of at least 30 minutes for a meal period.

The bill clarifies that minors 16 and 17 years-of-age may work the same number of hours as a person
who is 18 years-of-age or older but must be granted breaks and meal periods in the same manner as
permitted for employees who are 18 years of age or older.

Local Juvenile Curfew Ordinances

The bill provides that a governing body of a county or municipality may adopt an ordinance that
regulates the presence of minors, as defined in s. 450.12, F.S., in public places and establishments that
are more stringent or less stringent than the restrictions in ss. 877.20-877.24, F.S., provided that the
ordinance contains the exceptions provided in s. 877.24, F.S., which allow these individuals to be:
 Accompanied by a parent or another adult authorized by the parent to have custody of the
minor.
 Involved in an emergency or engaged, with the parent’s permission, in an emergency errand.
 Attending or traveling directly to or from an activity that involves the exercise of rights protected
under the First Amendment of the United States Constitution.
 Going directly to or returning directly from lawful employment, or who is in a public place or
establishment in connection with or as required by a business, trade, profession, or occupation
in which the minor is lawfully engaged.
 Returning directly home from a school-sponsored function, a religious function, or a function
sponsored by a civic organization.
 On the property of, or on the sidewalk of, the place where the minor resides, or who is on the
property or sidewalk of an adult next-door neighbor with that neighbor’s permission.
 Engaged in interstate travel or bona fide intrastate travel with the consent of the parent.
 Attending an organized event held at and sponsored by a theme park or entertainment complex
as defined in s. 509.013(9), F.S.

B. SECTION DIRECTORY:
Section 1: Amends s. 450.081, F.S., removing certain employment restrictions for minors 16 and 17
years of age; revising the age at which certain employment restrictions apply.

Section 2: Amends s. 877.25, F.S., requiring a curfew adopted by county or municipal ordinance to
include certain exceptions.

Section 3: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:

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None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may increase opportunities for 16 and 17-year-old individuals to work and generate income.

The bill may allow certain employers to employ 16 and 17-year-old individuals without having to comply
with the burdensome requirements in current law.

The bill may increase labor force participation among 16 and 17-year-old individuals, which may result
in a reduction of obtaining higher skills, education, and healthcare for these individuals.

D. FISCAL COMMENTS:
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:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 13, 2023, the Regulatory Reform & Economic Development Subcommittee considered
the bill, adopted one amendment, and reported the bill favorably as a committee substitute. The
amendment clarifies that ordinances adopted by a governing body of a county or municipality that
regulate the presence of minors in public places and establishments that are more stringent or less
stringent than the restrictions in the current law:
 Apply to minors under the age of 18, as defined in s. 450.12, F.S.; and
 Must contain the exceptions provided in s. 877.24, F.S., which allow minors during curfew hours
to go to and from work and school, and be involved in emergencies.

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On January 10, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee
adopted two amendments and reported the bill favorably as a committee substitute. The amendment
revises provisions concerning the employment of minors ages 16 and 17 years-of-age by:
 Prohibiting the work start time from beginning before 6.00 a.m. when school is scheduled the
following day;
 Allowing such minors who are not enrolled in a career education program to work during school
hours if they are enrolled in a home education program, virtual instruction program, or the
student no longer attends school pursuant to s. 1003.21. F,S.;
 Requiring such minors be granted breaks and meal periods in the same manner as employees
who are 18 years of age or older; and
 Making a conforming change.

This analysis is drafted to the committee substitute adopted by the Local Administration, Federal
Affairs, & Special Districts Subcommittee.

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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

CS/CS/HB 49 2024

1 A bill to be entitled
2 An act relating to employment and curfew of minors;
3 amending s. 450.081, F.S.; revising certain employment
4 restrictions for minors 16 and 17 years of age;
5 revising the age at which certain employment
6 restrictions apply; amending s. 877.25, F.S.;
7 requiring a curfew adopted by county or municipal
8 ordinance to include certain exceptions; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 450.081, Florida Statutes, is amended
14 to read:
15 450.081 Hours of work in certain occupations.—
16 (1)(a) Minors 15 years of age or younger may shall not be
17 employed, permitted, or suffered to work before 7 a.m. or after
18 7 p.m. when school is scheduled the following day or for more
19 than 15 hours in any one week. On any school day, minors 15
20 years of age or younger who are not enrolled in a career
21 education program may shall not be gainfully employed for more
22 than 3 hours, unless there is no session of school the following
23 day.
24 (b) During holidays and summer vacations, minors 15 years
25 of age or younger may shall not be employed, permitted, or

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26 suffered to work before 7 a.m. or after 9 p.m., for more than 8
27 hours in any one day, or for more than 40 hours in any one week.
28 (2) Minors 16 and 17 years of age may shall not be
29 employed, permitted, or suffered to work before 6:00 6:30 a.m.
30 or after 11:00 p.m. or for more than 8 hours in any one day when
31 school is scheduled the following day. When school is in
32 session, minors 16 and 17 years of age shall not work more than
33 30 hours in any one week. On any school day, minors 16 and 17
34 years of age who are not enrolled in a career education program
35 may shall not be gainfully employed during school hours unless
36 the minor is in a home education program, is enrolled in an
37 approved virtual instruction program, or the student no longer
38 attends school pursuant to s. 1003.21.
39 (3) Minors 15 17 years of age or younger may shall not be
40 employed, permitted, or suffered to work in any gainful
41 occupation for more than 6 consecutive days in any one week.
42 (4) Minors 15 17 years of age or younger may shall not be
43 employed, permitted, or suffered to work for more than 4 hours
44 continuously without an interval of at least 30 minutes for a
45 meal period; and for the purposes of this law, a no period of
46 less than 30 minutes is not shall be deemed to interrupt a
47 continuous period of work. Minors 16 or 17 years of age must be
48 granted breaks and meal periods in the same manner as similarly
49 permitted for employees who are 18 years of age or older.
50 (5) The provisions of Subsections (1)-(4) do shall not

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51 apply to:
52 (a) Minors 16 and 17 years of age who have graduated from
53 high school or received a high school equivalency diploma.
54 (b) Minors who are within the compulsory school attendance
55 age limit who hold a valid certificate of exemption issued by
56 the school superintendent or his or her designee pursuant to the
57 provisions of s. 1003.21(3).
58 (c) Minors enrolled in a public educational institution
59 who qualify on a hardship basis such as economic necessity or
60 family emergency. Such determination shall be made by The school
61 superintendent or his or her designee shall make such
62 determination and issue, and a waiver of hours shall be issued
63 to the minor and the employer. The form and contents thereof
64 shall be prescribed by the department.
65 (d) Minors Children in domestic service in private homes,
66 minors children employed by their parents, or pages in the
67 Florida Legislature.
68 (6) The presence of a any minor in any place of employment
69 during working hours is shall be prima facie evidence of his or
70 her employment therein.
71 (7) Minors 16 and 17 years of age may be employed,
72 permitted, or suffered to work the same number of hours as a
73 person who is 18 years of age or older.
74 Section 2. Section 877.25, Florida Statutes, is amended to
75 read:

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hb0049-02-c2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/CS/HB 49 2024

76 877.25 Local ordinance required; effect.—Sections 877.20-
77 877.24 do not apply in a county or municipality unless the
78 governing body of the county or municipality adopts an ordinance
79 that incorporates by reference the provisions of ss. 877.20-
80 877.24. Sections 877.20-877.24 do not preclude county or
81 municipal ordinances regulating the presence of minors, as
82 defined in s. 450.012(3), in public places and establishments
83 which provide restrictions more stringent or less stringent than
84 the curfew imposed under s. 877.22. However, a curfew adopted by
85 a county or municipal ordinance must also include the exceptions
86 contained in s. 877.24.
87 Section 3. This act shall take effect July 1, 2024.

Page 4 of 4

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hb0049-02-c2
HB 81
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 81 Civil Penalties Under The Gas Safety Law of 1967
SPONSOR(S): Brackett
TIED BILLS: IDEN./SIM. BILLS: SB 366

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity 16 Y, 0 N Phelps Keating
Subcommittee

2) Commerce Committee Phelps Hamon

SUMMARY ANALYSIS

The Gas Safety Law of 1967 (Gas Safety Law) authorizes the Public Service Commission (PSC) to regulate
the safe transmission and distribution of natural gas in Florida. The PSC has the power to perform any and
all acts necessary or appropriate to enforce compliance with the Gas Safety Law, which includes imposing
maximum civil penalties. The current maximum civil penalties are $25,000 for each violation of the Gas
Safety Law and $500,000 for any related series of violations.

The federal counterpart to Florida’s Gas Safety Law, the Pipeline Safety Act, authorizes the U.S. Department
of Transportation/Pipeline and Hazardous Materials Safety Administration (PHMSA) to implement federal
pipeline safety standards for interstate and intrastate gas pipelines. PHMSA’s current maximum civil penalty
amounts are $257,664 for each pipeline safety violation and $2,576,627 for any related series of violations .

The Pipeline Safety Act allows states to assume authority over intrastate gas pipelines subject to annual
certifications with PHMSA. The PSC is currently the state agency certified by PHMSA to exercise this
authority. However, the PSC received a letter this year stating that its certification is at risk due to Florida’s
lower civil penalties compared to those of PHMSA, which may reduce the PSC’s enforcement capabilities.

The bill increases the maximum monetary penalties for violations of the Gas Safety Law to mirror those
currently used by PHMSA.
 The maximum daily penalty is increased from $25,000 to $257,664.
 The maximum aggregate penalty cap is increased from $500,000 to $2,576,627 for any related series
of violations.

The bill does not impose any compliance costs but may increase costs on private sector and local
government entities that commit violations.

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: h0081b.COM
DATE: 1/19/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Present Situation

Federal Law

The U.S. Department of Transportation/Pipeline and Hazardous Materials Safety Administration
(PHMSA) implements federal pipeline safety standards for interstate and intrastate gas pipelines,
hazardous liquid pipelines, and underground natural gas storage under the Pipeline Safety Act. 1 The
Pipeline Safety Act authorizes state assumption of the intrastate regulatory, inspection, and
enforcement responsibilities subject to an annual certification with PHMSA. 2 State agencies must
adopt standards that comply with the Pipeline Safety Act to qualify for certification.3

A state agency that does not satisfy the criteria for certification may enter into an agreement with
PHMSA to undertake certain aspects of the natural gas safety programs for intrastate facilities on behalf
of PHMSA.4 The state agency under such an agreement would conduct safety inspections and identify
violations, and PHMSA would enforce those violations.5 PHMSA may enforce these violations by
issuing warnings, compliance orders, and civil penalties. 6

Federal agencies are required to adjust minimum and maximum civil penalty amounts based upon
inflationary measures to preserve the penalty’s deterrent impact. 7 As a result, in 2023 PHMSA
increased the maximum penalty for daily violations of the Pipeline Safety Act to $257,664 and the
total maximum penalty for any related series of violations to $2,576,627.8

Florida Law

The Gas Safety Law authorizes the Public Service Commission (PSC) to regulate the safe
transmission and distribution of natural gas in Florida. 9 The Gas Safety Law grants the PSC exclusive
jurisdiction over “all persons, corporations, partnerships, associations, public agencies, municipalities,
or other legal entities engaged in the operation of gas transmission or distribution facilities with
respect to their compliance with the rules and regulations governing safety standards.” 10

The PSC has rulemaking authority to implement the Gas Safety Law 11 and promulgates rules
covering the design, improvement, fabrication, installation, inspection, repair, reporting, testing, and
safety standards of gas transmission and gas distribution systems. 12 The PSC is currently the state
agency certified by PHMSA to inspect and enforce intrastate gas pipelines. 13

1 See 49 U.S.C. §§ 60102-60143.
2 49 U.S.C. §§ 60105(e), 60106(d).
3 49 U.S.C. § 60105(b).
4 49 U.S.C. § 60106(d).
5 Id.
6 See 49 C.F.R §§ 190.201-190.243 (2023).
7 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Pub. L. 114-74, 129 Stat. 599, 114th
Congress, (Nov. 2, 2015).
8 49 C.F.R § 190.223(a) (2023).
9 S. 368.01-061, F.S.
10 S. 368.05(1), F.S.; see also S. 368.021, F.S. (providing more entities subject to PSC jurisdiction).
11 S. 368.03, F.S.; S. 368.05(2), F.S.
12 See ch. 25-12, F.A.C.
13 Florida Public Service Commission, Agency Analysis of 2023 House Bill 81, p. 2 (October 26, 2023).
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DATE: 1/19/2024
The PSC has the power to perform any and all acts necessary or appropriate to enforce compliance
with the Gas Safety Law and the Pipeline Safety Act,14 including imposing civil penalties for
noncompliance.15 Any person who violates the Gas Safety Law is subject to a maximum daily penalty
of $25,000 for each violation.16 The total maximum penalty for any related series of violations is
$500,000.17

PHMSA’s Annual Certification of PSC

PHMSA conducts annual “Progress Reports” to determine whether a state complies with the Pipeline
Safety Act and qualifies for certification and grant funds.18 The Progress Report assigns points to
different areas of compliance, including civil penalty thresholds. 19 The PSC received a four-point
deduction on its 2022 Progress Report due to Florida’s lower civil penalty amounts compared to those
of PHMSA.20 The continued loss of points may result in a reduced certification that removes the
PSC’s enforcement capabilities.21

Effect of Bill

The bill increases the maximum monetary penalties for any violation of the Gas Safety Law by
mirroring those currently used by PHMSA. The maximum daily penalty is increased from $25,000 to
$257,664. The maximum aggregate penalty cap is increased from $500,000 to $2,576,627 for any
related series of violations. The bill provides that the new penalties will take effect July 1, 2024.

The bill may assist the state in maintaining its certification by PHMSA to enforce the Pipeline Safety
Act and the Gas Safety Law.

B. SECTION DIRECTORY:
Section 1: Amends s. 368.061, F.S., relating to penalties for violations of the Gas Safety Law.

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:

14 S. 368.05(2), F.S. (stating that the PSC may require repairs and improvements
15 S. 368.061(1), F.S.
16 Id.
17 Id.
18 Email from Zach Barrett of the U.S. Dep’t of Transportation to Andrew Giles Fay, Chairman of the Florida PSC (May
23, 2023), at 1.
19 Id. at 2; see also 49 U.S.C. § 60105(b)(7) (stating that States have discretion to enforce civil penalties substantially the

same as those provided by PHMSA).
20 Id.
21 Id.
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None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

The bill does not impose additional compliance costs. However, the bill may impact private sector
entities if the PSC assesses penalties on such entities above the current statutory limit.

D. FISCAL COMMENTS:
The bill does not impose additional compliance costs on local governments. However, the bill may
increase fiscal impacts on local government-owned entities subject to PSC jurisdiction if the PSC
assesses penalties on such entities above the current statutory limit.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
PHMSA is required to increase the maximum civil penalties based upon inflationary measures, and
may be required to increase the penalty amounts in the future. This may require subsequent
amendments to the civil penalties in Florida’s Gas Safety Law.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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DATE: 1/19/2024
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 81 2024

1 A bill to be entitled
2 An act relating to civil penalties under The Gas
3 Safety Law of 1967; amending s. 368.061, F.S.;
4 increasing the civil penalty amount for violating The
5 Gas Safety Law of 1967; making grammatical changes;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (1) of section 368.061, Florida
11 Statutes, is amended to read:
12 368.061 Penalty.—
13 (1) Any person who violates any provision of this part, or
14 any regulation issued under this part hereunder, is shall be
15 subject to a civil penalty not to exceed $257,664 $25,000 for
16 each violation for each day that the such violation persists,
17 except that the maximum civil penalty may shall not exceed
18 $2,576,627 $500,000 for any related series of violations.
19 Section 2. This act shall take effect July 1, 2024.

Page 1 of 1

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hb0081-00
Commerce Committee
HB 81 by Rep. Brackett
Civil Penalties Under The Gas Safety Law of 1967

AMENDMENT SUMMARY
January 23, 2024

Amendment 1 by Brackett (strike-all):

• Updates the maximum civil penalty amounts for violations of The Gas Safety Law
to match the updated federal maximum civil penalties.
• Requires the Public Service Commission (PSC) to establish maximum civil
penalty amounts for violations of The Gas Safety Law to be effective after July 1,
2025, based upon consideration of (a) the consumer price index, (b) penalties
established in federal law for pipeline safety violations, and (c) maintaining
certification with the U.S. Department of Transportation/Pipeline and Hazardous
Materials Safety Administration (PHMSA).
• Requires the PSC to revise the maximum civil penalty amounts at least annually
based upon the considerations stated above.
• Authorizes the PSC to adopt implementing rules.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 81 (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: Commerce Committee
2 Representative Brackett offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:

6 Section 1. Subsection (1) of section 368.061, Florida
7 Statutes, is amended, and subsection (4) is added to that
8 section, to read:
9 368.061 Penalty.—
10 (1) A Any person who violates any provision of this part,
11 or any regulation issued hereunder, is shall be subject to a
12 civil penalty not to exceed the following:
13 (a) Until June 30, 2025, $266,015 $25,000 for each
14 violation for each day that such violation persists, except that
15 the maximum civil penalty may shall not exceed $2,660,135
16 $500,000 for any related series of violations.

814803 - h0081-strike.docx
Published On: 1/22/2024 6:15:26 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 81 (2024)
Amendment No. 1

17 (b) After July 1, 2025, maximum penalties established by
18 the Florida Public Service Commission by rule. In establishing
19 such penalties, the commission must consider the penalties
20 established in paragraph (a) and make revisions based upon
21 consideration of the consumer price index, penalties established
22 in federal law for pipeline safety violations, and the intent of
23 the legislature that the commission maintain its certification
24 with the Pipeline and Hazardous Materials Safety Administration,
25 or any of its successor agencies, to enforce pipeline safety.
26 The commission shall review the penalties established in this
27 paragraph at least annually and revise as necessary, utilizing
28 the considerations specified in this paragraph.
29 (4) The commission may adopt rules to implement this
30 section.
31 Section 2. This act shall take effect July 1, 2024.
32
33 -----------------------------------------------------
34 T I T L E A M E N D M E N T
35 Remove everything before the enacting clause and insert:
36 An act relating to civil penalties under The Gas Safety Law of
37 1967; amending s. 368.061, F.S.; increasing the civil penalty
38 amount for violating The Gas Safety Law of 1967; requiring the
39 Florida Public Service Commission, after a date certain and at
40 least annually thereafter, to establish and revise maximum
41 penalties by rule based on specified factors; providing
42 rulemaking authority; providing an effective date.
814803 - h0081-strike.docx
Published On: 1/22/2024 6:15:26 PM
Page 2 of 2
CS/HB 215
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 215 Risk Retention Groups
SPONSOR(S): Insurance & Banking Subcommittee, Truenow
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Insurance & Banking Subcommittee 18 Y, 0 N, As CS Fortenberry Lloyd

2) Commerce Committee Fortenberry Hamon

SUMMARY ANALYSIS

A risk retention group (RRG) is a type of liability insurance company owned by its members. RRGs allow
businesses with similar insurance needs to pool risks and form their own insurance companies under a
combination of state and federal laws. Members of an RRG must be engaged in similar businesses or activities
that have similar exposures due to the type of business, trade, product, service, premises, or operations.
RRGs may only provide liability insurance; the law defines liability insurance as coverage for liability for
damages to persons or property arising out of any business, trade, product, professional service, premises,
operation, or activity of a state or local government.

RRGs must be domiciled in a state, but once licensed by the state of domicile, RRGs are permitted to insure
members in all states. They must complete a registration process in the non-domiciliary states in which they
want to do business. RRGs may operate in Florida if they obtain a certificate of authority as a liability insurer,
or are licensed in another state and provide a copy of their business plan and annual financial statement to the
Office of Insurance Regulation and designate the Chief Financial Officer as their agent for service of process.

Fronting is the use of a licensed, admitted insurer to issue an insurance policy on behalf of a self-insured
organization or captive insurer without transferring any risk. The risk of loss under the policy remains with the
self-insured entity or captive insurer, but the authorized insurer assumes a credit risk because it would be
required to honor the policy if the insured fails to do so. This provides proof of coverage that is needed to
satisfy financial responsibility laws when states require evidence of coverage written by an admitted insurer.
Insurers typically charge between 5 and 10 percent of the premium being written in exchange for serving as
fronting companies. Currently, an RRG cannot provide the coverage to its members in Florida that is required
to satisfy motor vehicle financial responsibility laws. Therefore, it must utilize a fronting company.

Florida law contains financial responsibility requirements for owners or operators of motor vehicles, whether
they are used for personal or commercial purposes. In general, the owner or operator of a motor vehicle must
insure against losses from liability for bodily injury, death, and property damage by either purchasing auto
insurance from an insurance carrier authorized by OIR to do business in Florida, or by obtaining a certificate of
self-insurance from the Department of Highway Safety and Motor Vehicles after demonstrating the ability to
cover potential losses arising out of the ownership, maintenance, or use of a motor vehicle.

The bill establishes that motor vehicle insurance coverage issued by RRGs operating under federal law, and
registered to do business in the state, satisfies the financial responsibility requirements of state motor vehicle
law.

The bill has no impact on local or state government revenues or expenditures. It has an indeterminate positive and
negative direct economic impact on the private sector.

The bill is effective on July 1, 2024.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0215b.COM
DATE: 1/19/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Risk Retention Groups

A risk retention group (RRG) is a type of liability insurance company owned by its members. 1 RRGs
allow businesses with similar insurance needs to pool risks and form their own insurance companies
under a combination of state and federal laws.2 Members of an RRG must be engaged in similar
businesses or activities that have similar exposures due to the type of business, trade, product, service,
premises, or operations.3

RRGs may only provide liability insurance; the law defines liability insurance as coverage for liability for
damages to persons or property arising out of any business, trade, product, professional service,
premises, operation, or activity of a state or local government.4 However, liability insurance does not
include an employer’s liability to its employees; thus, risk retention groups may not issue workers’
compensation insurance policies to their members. 5

Federal law treats risk retention groups differently than traditional insurance companies. Authorized
insurers must be licensed in every state in which they operate and the domicile state serves as the
primary regulator. In 1986, Congress passed the Liability Risk Retention Act (LRRA) to help businesses
and other entities obtain liability insurance that had become either unaffordable or unavailable. 6 Under
the LRRA, RRGs must be domiciled in a state, but once licensed by the state of domicile, RRGs are
permitted to insure members in all states.7 As a federal law, the LRRA preempts state regulation, and
makes it easier for RRGs to do business throughout the country. 8 Those RRGs that were chartered
prior to 1985 may operate under the laws of Bermuda or the Cayman Islands. 9

Despite being governed by the LRRA, RRGs must complete a registration process in the non-
domiciliary states in which they want to do business, and must designate those states’ insurance
commissioners as their agents for service of process for any legal proceedings originating in those
states.10 Additionally, RRGs must submit a plan of operation or feasibility study to the insurance
commissioner of the domiciliary state before they may offer insurance in any state. 11 The plan or study
must include the coverages, deductibles, coverage limits, rates and rating classification systems for
each line of commercial liability insurance the RRG plans to cover. 12

1 National Association of Insurance Commissioners (NAIC), Risk Retention Groups, https://content.naic.org/cipr-
topics/risk-retention-groups (last visited Dec. 4, 2023).
2 Id.
3 15 U.S.C. §3901(a)(4)(F) and s. 627.942(9)(f), F.S.
4 15 U.S.C. 3901(a)(2)(A) and s. 627.942(9)(g), F.S.
5 15 U.S.C. 3901(a)(2)(B) and s. 627.942(4), F.S.
6 Captive Insurance Companies Association (CICA), Risk Retention Resources, https://www.cicaworld.com/risk-retention-

resources/#:~:text=The%20Liability%20Risk%20Retention%20Act%20(LRRA)%20is%20a% 20federal%20l aw,crisis%E2
%80%9D%20in%20the%20United%20States (last visited Dec. 4, 2023). The LRRA consists of sections 15 U.S.C. §§
3902-3906.
7 Id.
8 Id.
9 15 U.S.C. § 3901(a)(4) and s. 627.942(9), F.S.
10 NAIC, supra note 1.
11 Id.
12 Id.
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State regulators may also require RRGs to comply with state laws relating to claim settlement and false
or fraudulent acts, pay premium taxes, and submit to financial exams if such exam has not been
completed by the state in which the RRG is domiciled.13

States cannot require RRGs to participate in any insolvency guaranty association.14 However, states
may require notice that insurance provided by RRGs is not protected by an insolvency guaranty
association.15 Unlike authorized insurers, RRGs do not submit rate and form filings with a state
regulator for approval. Instead, risk retention groups apportion risk among their members; thus, rates
are based on an actuarial analysis of the membership and policies can be tailored to suit the needs of
the membership.16

Risk Retention Groups in Florida

RRGs may operate in Florida if they obtain a certificate of authority as a liability insurer, or are licensed
in another state and provide a copy of their business plan and annual financial statement to the Office
of Insurance Regulation (OIR) and designate the Chief Financial Officer as their agent for service of
process.17 According to OIR, 146 risk retention groups are licensed in a state other than Florida and
registered to do business in Florida.18

Domestic RRGs pay the same premium taxes as other domestic insurers.19 Risk retention groups
registered to operate in Florida but licensed in another state pay the same premium taxes as surplus
lines insurers.20 All risk retention groups operating in Florida must use agents who are licensed and
appointed in Florida.21

Fronting Arrangements

The International Risk Management Institute (IRMI) describes “fronting” as the use of a licensed,
admitted insurer to issue an insurance policy on behalf of a self-insured organization or captive insurer
without transferring any risk.22 The risk of loss under the policy remains with the self-insured entity or
captive insurer, but the authorized insurer assumes a credit risk because it would be required to honor
the policy if the insured fails to do so.23 This provides proof of coverage that is needed to satisfy
financial responsibility laws when states require evidence of coverage written by an admitted insurer.24
Insurers typically charge between 5 and 10 percent of the premium being written in exchange for
serving as fronting companies.25

The Florida Insurance Code (Code)26 describes a fronting company as an authorized insurer which by
reinsurance or otherwise generally transfers more than 50 percent to one unauthorized insurer, or more

13 15 U.S.C. § 3902(a)(1).
14 15 U.S.C. § 3902(a)(2).
15 15 U.S.C. § 3902(a)(1).
16 NAIC, supra note 1.
17 See ss. 627.943 and 627.944, F.S.
18 Florida Office of Insurance Regulation, Active Company Search, https://companysearch.myfloridacfo.gov/ (last visited
Dec. 6, 2023).
19 S. 627.943(4), F.S. Pursuant to s. 624.509, F.S., premium taxes (typically 1.75 percent of the premium) are collected by

the licensed insurer and paid to the Department of Revenue on or before March 1 of each year. A domestic insurer is one
formed under Florida law. S. 624.06(1), F.S.
20 S. 627.944(3), F.S. Pursuant to s. 626.932, F.S., premium taxes (4.94 percent of the premium) are collected by the

licensed insurance agent and paid to the Department of Financial Services on a quarterly basis; premiums are also
reported to the Florida Surplus Lines Service Office (FSLSO) which oversees the reporting requirements of eligible
surplus lines insurers.
21 Ss. 627.943(5) and 627.944(12), F.S.
22 IRMI, fronting, https://www.irmi.com/term/insurance-definitions/fronting (last visited Dec. 6, 2023).
23 Id.
24 Id. Chapter 324, F.S. sets forth the financial responsibility laws for owners and operators of motor vehicles, whether

used for personal or commercial purposes.
25 IRMI, supra note 22.
26 Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S., constitute the “Florida Insurance Code.”
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than 75 percent to two or more unauthorized insurers, of the entire risk of loss on all of the insurance
written by it in Florida.27 The unauthorized insurers that receive the risk do not meet the requirements to
be an accredited or trusteed reinsurer in Florida.28 Additionally, no authorized insurer is permitted to act
as a fronting company for any unauthorized insurer which is not an approved reinsurer.29

Florida law explicitly prohibits:
 An authorized insurer or licensed motor vehicle service agreement company from acting as a
fronting company for any unauthorized insurer or unlicensed motor vehicle service agreement
company.30
 An authorized insurer or licensed home warranty association from acting as a fronting company
for any unauthorized insurer or unlicensed home warranty association. 31
 An authorized insurer or licensed service warranty association from acting as a fronting
company for any unauthorized insurer or unlicensed service warranty association. 32

The Code does not contemplate an authorized insurer acting as a fronting company for an RRG.

Financial Responsibility Law

Chapter 324, F.S., sets forth the financial responsibility laws for owners or operators of motor vehicles,
whether they are used for personal or commercial purposes. In general, the owner or operator of a
motor vehicle must insure against losses from liability for bodily injury, death, and property damage by
either purchasing auto insurance from an insurance carrier authorized by OIR to do business in
Florida,33 or by obtaining a certificate of self-insurance from the Department of Highway Safety and
Motor Vehicles (DHSMV) after demonstrating the ability to cover potential losses arising out of the
ownership, maintenance, or use of a motor vehicle.34

When the owner or operator of a motor vehicle purchases liability insurance to satisfy the financial
responsibility law, the policy must be issued by an insurance company authorized to do business in
Florida.35 When an owner or operator self-insures a vehicle or fleet of vehicles, the owner or operator
must provide audited financial statements to DHSMV showing an unencumbered net worth that
satisfies the Financial Responsibility Law.36

Effect of the Bill

The bill establishes that motor vehicle insurance coverage issued by RRGs operating under federal
law, and registered to do business in the state, satisfies the financial responsibility requirements of
state motor vehicle law.

B. SECTION DIRECTORY:

Section 1. Amends s. 324.021, F.S., relating to definitions; minimum insurance required.

Section 2. Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

27 S. 624.404(4)(b), F.S. See also s. 624.410, F.S.
28 Id.; see also s. 624.410,F.S.
29 S. 624.404(4)(a), F.S.
30 S. 634.241, F.S.
31 S. 634.326, F.S.
32 S. 634.429, F.S.
33 S. 324.021(8), F.S.
34 Ss. 324.161 and 324.171, F.S. See also Florida Department of Highway Safety and Motor Vehicles, Self-Insurance,

https://www.flhsmv.gov/ins urance/self-insurance/firm/ (last visited Dec. 18, 2023).
35 S. 324.021(8), F.S.
36 S. 324.171, F.S.
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A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

None.

2. Expenditures:

None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:

None.

2. Expenditures:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

The bill will have a positive direct economic impact on private sector businesses that save money by
receiving coverage from the RRGs of which they are a member instead of having to pay a fronting
company. However, it will have a negative impact on insurers that have acted as fronting companies for
the placement of coverage by RRGs.

D. FISCAL COMMENTS:

None.
III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not Applicable. The bill does not appear to affect county or municipal governments.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

The bill neither authorizes nor requires administrative rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

On December 13, 2023, the Insurance & Banking Subcommittee considered the bill, adopted a strike-all
amendment, and reported the bill favorably as a committee substitute. The amendment made the following
changes to the bill:
 Provided that motor vehicle insurance coverage issued by risk retention groups operating under
federal law, and registered to do business in the state, satisfies the financial responsibility
requirements of state motor vehicle law.
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 Preserved current law regarding risk retention groups within the Florida Insurance Code.

The analysis is drafted to the committee substitute as passed by the Insurance & Banking Subcommittee.

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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

CS/HB 215 2024

1 A bill to be entitled
2 An act relating to risk retention groups; amending s.
3 324.021, F.S.; providing that motor vehicle insurance
4 coverage issued by risk retention groups operating
5 under federal law satisfies financial responsibility
6 requirements under state motor vehicle law; providing
7 an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (8) of section 324.021, Florida
12 Statutes, is amended to read:
13 324.021 Definitions; minimum insurance required.—The
14 following words and phrases when used in this chapter shall, for
15 the purpose of this chapter, have the meanings respectively
16 ascribed to them in this section, except in those instances
17 where the context clearly indicates a different meaning:
18 (8) MOTOR VEHICLE LIABILITY POLICY.—Any owner's or
19 operator's policy of liability insurance furnished as proof of
20 financial responsibility pursuant to s. 324.031, insuring such
21 owner or operator against loss from liability for bodily injury,
22 death, and property damage arising out of the ownership,
23 maintenance, or use of a motor vehicle in not less than the
24 limits described in subsection (7) and conforming to the
25 requirements of s. 324.151, issued by any insurance company

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CS/HB 215 2024

26 authorized to do business in this state, including, but not
27 limited to, a risk retention group operating in accordance with
28 15 U.S.C. ss. 3901 et seq., which conducts business in this
29 state pursuant to s. 627.944. The owner, registrant, or operator
30 of a motor vehicle is exempt from providing such proof of
31 financial responsibility if he or she is a member of the United
32 States Armed Forces and is called to or on active duty outside
33 this state or the United States, or if the owner of the vehicle
34 is the dependent spouse of such active duty member and is also
35 residing with the active duty member at the place of posting of
36 such member, and the vehicle is primarily maintained at such
37 place of posting. The exemption provided by this subs ection
38 applies only as long as the member of the armed forces is on
39 such active duty outside this state or the United States and the
40 owner complies with the security requirements of the state of
41 posting or any possession or territory of the United States.
42 Section 2. This act shall take effect July 1, 2024.

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CS/HB 283
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 283 Self-service Storage Facility Liens
SPONSOR(S): Civil Justice Subcommittee, Borrero
TIED BILLS: IDEN./SIM. BILLS: SB 456

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice Subcommittee 13 Y, 5 N, As CS Mawn Jones

2) Commerce Committee Wright Hamon

3) Judiciary Committee

SUMMARY ANALYSIS
The Self-Storage Facility Act, set out in Part III of Ch. 83, F.S., regulates the relationship between the owner of
a self-service storage facility or self-contained storage unit and the facility’s or unit’s tenants. Under the Act, the
facility or unit owner has a lien upon all personal property located at a self-service storage facility or in a self-
contained storage unit, for rent, labor charges, or other charges relating to the personal property and for
expenses necessary for its preservation or reasonably incurred in its sale or other disposition under the Act.
Such lien attaches when the personal property is brought to the self-service storage facility or when the tenant
takes possession of the self-contained storage unit, and the lien’s priority is as provided in s. 83.808, F.S.

To enforce such a lien, a self-service storage facility or self-contained storage unit owner may sell the tenant’s
personal property as provided in the Act. However, before any such sale may occur, the facility or unit owner
must give notice of an impending sale to the tenant in person, by e-mail, or by first-class mail with a certificate
of mailing to the tenant’s last known address, and conspicuously post such notice at the self-service storage
facility or on the self-contained storage unit. Such notice must specify that, unless the claim is paid within the
time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or
otherwise disposed of at a specified time and place. Following the expiration of the time given in the notice, the
facility or unit owner must also:
 Advertise the sale in a newspaper of general circulation in the area where the facility or unit is located
once a week for two consecutive weeks; or
 If there is no such newspaper, post the advertisement at least ten days before the sale in at least three
conspicuous places in the neighborhood where the facility or unit is located.

CS/HB 283 requires that a rental agreement for storage space contain a provision authorizing the tenant to
designate an alternate contact person, which person may be contacted only for purposes of providing the
required notice of sale or as the rental agreement otherwise authorizes. The bill also:
 Specifies that the designation of an alternate contact person does not give such person an interest in
the stored contents.
 Requires that the notice of sale be given in a specified manner to the alternate contact person.
 Requires that a rental agreement contain a warning that stored contents, if advertised for sale, will be
described in the advertisement.
 Authorizes the advertisement of sale to be published on a public website that customarily conducts or
advertises personal property auctions in lieu of newspaper publication and specifies how the sale must
be advertised if there is no qualifying newspaper and the facility or unit owner does not publish online.
 Requires that, if an advertisement of sale is to be published on a public website, the notice sent to the
tenant must identify the public website on which the advertisement is to be published.

The bill does not appear to have a fiscal impact on state or local governments. The bill provides an effective
date of July 1, 2024.

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Self-Service Storage Facility Act Definitions

The Self-Storage Facility Act, set out in Part III of Ch. 83, F.S., regulates the relationship between the
owner of a self-service storage facility or a self-contained storage unit and the facility’s or unit’s tenants.
Significantly, the Act allows the owner to seize and sell the personal property within the storage unit if
the tenant does not pay rent and specified conditions are met. Under the Act:
 "Last known address" means the street address or post office box address provided by the
tenant in the latest rental agreement or in a subsequent written change-of-address notice
provided by hand delivery, first-class mail, or e-mail;
 "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility or self-
contained storage unit or his or her agent or any other person authorized by him or her to
manage the facility or to receive rent from a tenant under a rental agreement;
 "Rental agreement" means any agreement or lease which establishes or modifies terms,
conditions, rules, or any other provisions concerning the use and occupancy of a self-service
storage facility or of a self-contained storage unit;
 "Self-contained storage unit" means any unit not less than 200 cubic feet in size, including, but
not limited to, a trailer, box, or other shipping container, which is leased by a tenant primarily for
use as storage space whether the unit is located at a facility owned or operated by the owner or
at another location designated by the tenant;
 "Self-service storage facility" means any real property designed and used for the purpose of
renting or leasing individual storage space to tenants who are to have access to such space for
the purpose of storing and removing personal property and where no individual storage space is
used for residential purposes; and
 "Tenant" means a person or the person’s sublessee, successor, or assign entitled to the use of
storage space at a self-service storage facility or in a self-contained storage unit, under a rental
agreement, to the exclusion of others.1

Liens Under the Self-Storage Facility Act

A lien is a claim against property that evidences a debt, obligation, or duty. 2 A self-service storage
facility or self-contained storage unit owner has a lien upon all personal property, whether or not owned
by the tenant, located at the self-service storage facility or in a self-contained storage unit for rent, labor
charges, or other charges relating to the property and for expenses necessary for its preservation or
reasonably incurred in its sale or other disposition under the Self-Storage Facility Act.3 Such lien
attaches when the personal property is brought to the storage facility or when the tenant takes
possession of the self-contained storage unit, and the lien’s priority4 is as provided in s. 83.808, F.S.;
however, in the event of default, the owner must give notice to persons holding perfected security
interests 5 in which the tenant is named as the debtor.6
Withholding Access to Personal Property Upon Nonpayment of Rent

1 S. 83.803, F.S.
2 Fla. Jur. 2d Liens § 37:1.
3 S. 83.805, F.S.
4 A lien’s priority determines the order in which the lienholder will be paid after sale of the property to which the lien atta ched. Generally,

earlier-recorded liens take priority over later-recorded liens. State and federal law may also specify a particular lien’s priority. Legal
Information Institute, Debtor and Creditor, https://www.law.cornell.edu/wex/debtor_and_creditor (last visited Jan. 11, 2024).
5 A security interest arises when, in exchange for a loan, a borrower pledges in a security agreement specified assets owned by the

borrower, which assets the lender may take and sell if the borrower defaults on the loan. Legal Information Institute, Secured
Transactions, https://www.law.cornell.edu/wex/secured_transactions (last visited Jan. 11, 2024).
6 S. 83.805, F.S.

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If a tenant in a self-service storage facility or self-contained storage unit fails to pay the rent for such
storage space when it becomes due, the facility or unit owner may, without notice, after five days from
the date the rent was due, deny the tenant access to the personal property located in the facility or
unit.7 In denying the tenant access to such personal property, the owner may proceed without judicial
process – that is, without obtaining a court order – if this can be done without breach of the peace.8

Lien Enforcement: Notice of Sale or Other Disposition

To satisfy an owner’s lien under the Self-Storage Facility Act, s. 83.806, F.S., specifies that the owner
must notify the tenant by written notice delivered in person, by e-mail, or by first-class mail with a
certificate of mailing to the tenant’s last known address, and such notice must be conspicuously posted
at the self-service storage facility or on the self-contained storage unit. If the facility or unit owner sends
notice of a pending sale of property to the tenant’s last known e-mail address and does not receive a
response, return receipt, or delivery confirmation from the same e-mail address, the owner must send
notice of the sale to the tenant by first-class mail with a certificate of mailing to the tenant’s last known
address before the sale.9

The notice must include:
 An itemized statement of the facility or unit owner’s claim, showing the amount due at the time
of the notice and the date when the amount became due;
 The same description, or a reasonably similar description, of the personal property as provided
in the rental agreement;
 A demand for payment within a specified time of not less than 14 days after the notice’s
delivery;
 A conspicuous statement that, unless the claim is paid within the time stated in the notice, the
personal property will be advertised for sale or other disposition and will be sold or otherwise
disposed of at a specified time and place; and
 The name, street address, and telephone number of the owner whom the tenant may contact to
respond to the notice.10

The notice is presumed delivered when it is deposited with the United States Postal Service and
properly addressed with postage prepaid.11

Lien Enforcement: Advertisement of Sale or Other Disposition

After the expiration of the time given in the notice of sale, an advertisement of the sale or other
disposition must be published once a week for two consecutive weeks in a newspaper of general
circulation in the area where the self-service storage facility or self-contained storage unit is located.12 A
lien sale may be conducted on a public website that customarily conducts personal property auctions ,
and the facility or unit owner is not required to hold a license to post property for online sale. 13 Should a
sale involve the property of multiple tenants, one advertisement may be used to dispose of the property
at any one sale.14

7 S. 83.8055, F.S.
8 Id.
9 S. 83.806, F.S.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.

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The advertisement must include:
 A brief and general description of what is believed to constitute the personal property contained
in the storage unit;
 The address of the self-service storage facility or the address where the self-contained storage
unit is located and the tenant’s name; and
 The time, place, and manner of the sale or other disposition, which sale or other disposition
must take place at least 15 days after the first publication.15

However, if there is no newspaper of general circulation in the area where the self-service storage
facility or self-contained storage unit is located, the advertisement must be posted at least ten days
before the date of the sale or other disposition in at least three conspicuous places in the neighborhood
where the self-service storage facility or self-contained storage unit is located.16

Lien Enforcement: Sale or Other Disposition

Any sale or other disposition of a tenant’s personal property must conform to the terms of the
notification and must be conducted in a commercially reasonable manner.17 However, before any such
sale or other disposition, the tenant may pay the amount necessary to satisfy the lien and the
reasonable expenses incurred under the Self-Storage Facility Act and thereby redeem the personal
property.18 Upon receipt of such payment, the owner must return the property to the tenant and
thereafter has no liability to any person with respect to such personal property. 19 However, if the tenant
fails to redeem the personal property or satisfy the lien, including reasonable expenses, he or she will
be deemed to have unjustifiably abandoned the self-service storage facility or self-contained storage
unit, and the owner may resume possession of the premises for himself or herself. 20

In the event of a sale, the facility or unit owner may satisfy his or her lien from the sale’s proceeds, if the
owner’s lien has priority over all other liens on the personal property.21 The lien rights of secured
lienholders are automatically transferred to the remaining proceeds of the sale, and the balance, if any,
must be held by the owner for delivery on demand to the tenant. 22 A notice of any balance must be
delivered to the tenant in person or by first-class mail with a certificate of mailing to the tenant’s last
known address.23 If the tenant fails to claim the balance within two years after the sale date, the
proceeds are deemed abandoned, and the facility or unit owner has no further obligation to pay the
balance.24

If the facility or unit owner’s lien does not have priority over all other liens, the sale proceeds must be
held for the benefit of those lienholders with priority over the owner’s lien.25 A notice of the amount of
the sale proceeds must be delivered by the facility or unit owner to the tenant and secured lienholders
in person or by first-class mail with a certificate of mailing to their last known addresses. 26 If the tenant
or the secured lienholders do not claim the sale proceeds within two years after the sale date, the
proceeds are deemed abandoned, and the owner has no further obligation to pay the proceeds.27

15
Id.
16 Id.
17 Id.
18 Id.
19 Id.
20 Id.
21 Id.
22 Id.
23 Id.
24 Id.
25 Id.
26 Id.
27 Id.

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Lien Enforcement: Motor Vehicles and Watercraft

If a lien is claimed on a motor vehicle or a watercraft and rent and other charges related to such
property remain unpaid for 60 days after the maturity of the obligation to pay the rent and other
charges, the facility or unit owner may sell the property under the Self-Storage Facility Act or have the
property towed.28 If a motor vehicle or watercraft is towed, the facility or unit owner is not liable for the
motor vehicle or watercraft or any damages thereto once a wrecker takes possession of such
property.29 However, such wrecker must comply with all notification and sale requirements set out in s.
713.78, F.S., relating to liens for recovering, towing, or storing vehicles and vessels. 30

Rental Agreements

Section 83.808, F.S., sets out additional provisions that govern rental agreements under the Self-
Service Storage Facility Act. Specifically, a rental agreement must contain a provision disclosing
whether the applicant is a member of the uniformed services as that term is defined in 10 U.S.C. s.
101(a)(5).31 Further, the owner of a self-service storage facility or self-contained storage unit may
charge a tenant a reasonable late fee for:
 Each period that he or she fails to pay rent due under the rental agreement. The amount of the
late fee and the conditions for imposing such fee must be stated in the rental agreement or in an
addendum to such agreement.32 For purposes of the Act, a late fee of $20, or 20 percent of the
monthly rent, whichever is greater, is reasonable and does not constitute a penalty.33
 Any expenses incurred as a result of rent collection or lien enforcement. 34

However, s. 83.809, F.S., clarifies that nothing in the Act may be construed as impairing or affecting the
right of any person to create additional rights, duties, and obligations in a rental agreement, and the
provisions of the Act are in addition to all other rights allowed by law in a creditor-debtor or landlord-
tenant relationship.

Effect of Proposed Changes

Rental Agreements

CS/HB 283 amends s. 83.808, F.S., to require that a rental agreement for storage space in a self-
service storage facility or self-contained storage unit contain a provision authorizing the tenant to
designate an optional alternate contact person, which person may be contacted only for the purposes
of giving the notice of sale required under the Self-Storage Facility Act or as the rental agreement
otherwise authorizes. Under the bill, the designation of an alternate contact person does not give such
person an interest in the stored contents.

The bill also amends this section to require that such a rental agreement include a warning that, if the
property contained in the storage unit is advertised for sale or other disposition, a description of what is
believed to constitute such personal property will be published in the advertisement for sale.

28 Id.
29 Id.
30 Id.
31 Where a tenant is an active duty member of the uniformed services and deployed, the Servicemembers Civil Relief Act provides

additional protections for the tenant’s property. S. 83.808, F.S.
32 Id.
33 Id.
34 Id.

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Lien Enforcement: Notice

The bill amends s. 83.806, F.S., to specify that the written notice required by that section to be sent to
the tenant before any sale or disposition of the tenant’s personal property must also be sent to the
alternate contact person designated by the tenant, if any, at such person’s last known address. Under
the bill, if the facility or unit owner sends notice of a pending sale to the alternate contact person’s last
known e-mail address and receives no response, return receipt, or delivery confirmation from such e-
mail address, the owner must send notice of the sale to the alternate contact person by first-class mail
with a certificate of mailing to such person’s last known address before proceeding with the sale.

Further, the bill amends this section to require that, if the advertisement of sale will be published on a
public website, the notice sent to the tenant (and the alternate contact person, if applicable) must
include the name of the website on which the advertisement will be published.

Lien Enforcement: Sale or Other Disposition

The bill amends s. 83.806, F.S., to allow the publishing of an advertisement of sale or other disposition
on a public website that customarily conducts or advertises personal property auctions, which
publication must be for 7 consecutive full days, in lieu of newspaper publication. Further, the bill
specifies that, if there is no qualifying newspaper of general circulation and the facility or unit owner
does not publish the advertisement on a qualifying public website, the advertisement must be posted at
least ten days before the date of the sale or other disposition in at least three conspicuous places in the
neighborhood in which the self-service storage facility or self-contained storage unit is located.

Effective Date

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

B. SECTION DIRECTORY:
Section 1: Amends s. 83.806, F.S., relating to enforcement of lien.
Section 2: Amends s. 83.808, F.S., relating to contracts.
Section 3: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive economic impact on:
 Owners of a self-service storage facility or self-contained storage unit to the extent that such an
owner chooses to publish the advertisement of the sale on a qualifying public website instead of
in a newspaper and thereby reduces his or her publication costs.
 Tenants of a self-service storage facility or self-contained storage unit to the extent that their
designation of an alternate contact person leads to the tenant receiving notice of an upcoming
sale and the tenant is thereby able to pay the rent amount he or she owes and redeem his or
her personal property.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 11, 2024, the Civil Justice Subcommittee considered an amendment and reported the bill
favorably as a committee substitute. The amendment:
 Restored to current law the requirement that an advertisement of sale published in a newspaper be
published once a week for two consecutive weeks.
 Required that, if the advertisement of sale will be published on a public website, the notice to the
tenant must identify the website on which the advertisement will be published.
 Specified that an advertisement of sale published on a public website must be published for seven
consecutive full days.
 Restored to current law the requirement that a sale of stored contents be held no earlier than 15
days after the first publication of the advertisement of sale.
 Required that a rental agreement include a warning that, if the property is advertised for sale or
other disposition, a description of what is believed to constitute the personal property contained in
the storage unit will be published in the advertisement.

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

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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

CS/HB 283 2024

1 A bill to be entitled
2 An act relating to self-service storage facility
3 liens; amending s. 83.806, F.S.; revising written
4 notice requirements relating to the satisfaction of an
5 owner's lien; revising publication requirements
6 relating to advertising the sale or other disposition
7 of self-service storage facilities; amending s.
8 83.808, F.S.; requiring that rental agreements
9 authorize tenants to designate an optional alternate
10 contact for purposes of providing specified notice;
11 specifying that designating an alternate contact does
12 not give such person an interest in the contents
13 stored at a self-service storage facility or in a
14 self-contained storage unit; requiring that rental
15 agreements include a specified warning; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsections (1) and (4) of section 83.806,
21 Florida Statutes, are amended, and paragraph (f) is added to
22 subsection (2) of that section, to read:
23 83.806 Enforcement of lien.—An owner's lien as provided in
24 s. 83.805 may be satisfied as follows:
25 (1) The tenant must shall be notified by written notice

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26 delivered in person, by e-mail, or by first-class mail with a
27 certificate of mailing to the tenant's last known address and
28 the last known address of the alternate contact person
29 designated by the tenant under the rental agreement, if any, and
30 conspicuously posted at the self-service storage facility or on
31 the self-contained storage unit. If the owner sends notice of a
32 pending sale of property to the tenant's and the alternate
33 contact person's last known e-mail address and does not receive
34 a response, return receipt, or delivery confirmation from the
35 same e-mail address, the owner must send notice of the sale to
36 the tenant and the alternate contact person by first-class mail
37 with a certificate of mailing to the tenant's and the alternate
38 contact person's last known address before proceeding with the
39 sale.
40 (2) The notice shall include:
41 (f) If the advertisement for sale will be published on a
42 public website that customarily conducts or advertises personal
43 property auctions, the name of the website on which the
44 advertisement will be published.
45 (4) After the expiration of the time given in the notice,
46 an advertisement of the sale or other disposition must shall be
47 published once a week for 2 consecutive weeks in a newspaper of
48 general circulation in the area in which where the self-service
49 storage facility or self-contained storage unit is located or
50 for 7 consecutive full days on a public website that customarily

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CS/HB 283 2024

51 conducts or advertises personal property auctions.
52 (a) A lien sale may be conducted on a public website that
53 customarily conducts personal property auctions. The facility or
54 unit owner is not required to hold a license to post property
55 for online sale. Inasmuch As any sale may involve property of
56 more than one tenant, a single advertisement may be used to
57 dispose of property at any one sale.
58 (b) The advertisement must shall include:
59 1. A brief and general description of what is believed to
60 constitute the personal property contained in the storage unit,
61 as provided in paragraph (2)(b).
62 2. The address of the self-service storage facility or the
63 address at which where the self-contained storage unit is
64 located and the name of the tenant.
65 3. The time, place, and manner of the sale or other
66 disposition. The sale or other disposition shall take place at
67 least 15 days after the first publication.
68 (c) If there is no newspaper of general circulation in the
69 area in which where the self-service storage facility or self-
70 contained storage unit is located and the owner does not publish
71 the advertisement on a public website that customarily conducts
72 or advertises personal property auctions, the advertisement must
73 shall be posted at least 10 days before the date of the sale or
74 other disposition in at least three conspicuous places in the
75 neighborhood in which where the self-service storage facility or

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CS/HB 283 2024

76 self-contained storage unit is located.
77 Section 2. Subsection (4) is added to section 83.808,
78 Florida Statutes, to read:
79 83.808 Contracts.—
80 (4) A rental agreement must contain the following:
81 (a) A provision authorizing the tenant to designate an
82 optional alternate contact person, which person may be contacted
83 only for purposes of providing notice under s. 83.806(1) or as
84 otherwise authorized by the rental agreement. Designating an
85 alternate contact person does not give such person an interest
86 in the contents stored at the self-service storage facility or
87 in the self-contained storage unit.
88 (b) A warning that, if the property is advertised for sale
89 or other disposition, a description of what is believed to
90 constitute the personal property contained in the storage unit
91 will be published in the advertisement.
92 Section 3. This act shall take effect July 1, 2024.

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CS/HB 303
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 303 Rabies Vaccinations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 334

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

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

2) Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).

All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian against
rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in those species.
The owner must have the animal revaccinated 12 months after the initial vaccination, and subsequent
vaccinations must conform to the vaccine manufacturer’s directions. The cost of vaccination must be borne by
the animal’s owner. Violations of this requirement are a civil infraction, punishable by a penalty of up to $500.

Currently, Florida law does not appear to allow anyone other than a licensed veterinarian to administer the
rabies vaccine. According to Board rule, rabies is recognized as a disease that is communicable to humans
and a public health significance, and as a result, only a veterinarian is authorized to immunize or treat an
animal for this disease.

The bill:
 Allows an employee, an agent, or a contractor of a county or municipal animal control authority, or
sheriff, acting under the indirect supervision of a veterinarian, to administer rabies vaccinations to
impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by
the owner.
 Provides that the supervising veterinarian assumes responsibility for any person vaccinating animals at
his or her direction or under his or her direct or indirect supervision.
 Defines "indirect supervision," to mean the supervising veterinarian is required to be available for
consultation through telecommunications but is not required to be physically present during such
consultation.
 Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his or her
signature stamp in lieu of an actual signature to the rabies vaccination certificate.

The bill is expected to have a positive fiscal impact on local government, and may have a positive fiscal impact
on the private sector.

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

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Practice of Veterinary Medicine

The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation
(DBPR) implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice
act). The purpose of the practice act is to ensure that every veterinarian practicing in this state meets
minimum requirements for safe practices to protect public health and safety. 1

A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of
veterinary medicine in Florida2 and they are subject to disciplinary action from the Board for various
violations of the practice act.3

The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease, or holding oneself out as performing any of these functions. 4

Veterinary medicine includes, with respect to animals: 5
 Surgery;
 Acupuncture;
 Obstetrics;
 Dentistry;
 Physical therapy;
 Radiology;
 Theriogenology (reproductive medicine); and
 Other branches or specialties of veterinary medicine.

The practice act does not apply to the following categories of persons:
 Veterinary aides, nurses, laboratory technicians, preceptors, 6 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision7 of a licensed veterinarian;
 Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
 Faculty veterinarians when they have assigned teaching duties at accredited 8 institutions;
 Certain graduated intern/resident veterinarians of accredited institutions;

1 S. 474.201, F.S.
2 S. 474.202(11), F.S.
3 Ss. 474.213 & 474.214, F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of

any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. S. 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird, amphibian,

fish, or reptile, wild or domestic, living or dead.”
6 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to

allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Nov. 30, 2023).
7 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor

of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
8 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical

Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
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 Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
 Certain doctors of veterinary medicine employed by a state agency or the United States
Government;
 Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
 Certain entities or persons 9 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
or techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.10

Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.11 Each person to whom a veterinary license or premises permit is issued must
conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic. 12

By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
 Render a handwriting sample to an agent of the department and, further, to have waived any
objections to its use as evidence against her or him.
 Waive the confidentiality and authorize the preparation and release of medical reports
pertaining to the mental or physical condition of the licensee when the department has reason
to believe that a violation of this chapter has occurred and when the department issues an
order, based on the need for additional information, to produce such medical reports for the time
period relevant to the complaint.13

For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida. DBPR
received 568 complaints, which resulted in 26 disciplinary actions.14

Rabies Vaccinations

According to the World Health Organization, “rabies is a vaccine-preventable viral disease which
occurs in more than 150 countries and territories. Once clinical symptoms appear, rabies is virtually
100 percent fatal. In up to 99 percent of cases, domestic dogs are responsible for rabies virus
transmission to humans. Rabies can be prevented through vaccination of dogs and prevention of dog
bites.”15

All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
those species.16 The owner must have the animal revaccinated 12 months after the initial vaccination,
and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
punishable by a penalty of up to $500.17

9 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schoo ls, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof ....”
10 See s. 474.203, F.S.
11 S. 474.215(1), F.S.
12 S. 474.216, F.S.
13 S. 474.2185, F.S.
14 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2021 -2022,

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021 -22.pdf (last visited Nov. 30,
2023).
15 World Health Organization, Rabies, Sep. 20, 2023, https://www.who.int/news-room/fact-sheets/detail/rabies (last visited Dec. 14,

2023).
16 S. 828.30(1), F.S.
17 See s. 828.27(2), F.S
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A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined
the animal and has certified in writing that the vaccination would endanger the animal’s health because
of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be
vaccinated against rabies as soon as its health permits. 18

Upon vaccination, the licensed veterinarian is required to provide the animal’s owner and the animal
control authority with a rabies vaccination certificate.19 The veterinarian who administers the rabies
vaccine to an animal as required under this section may affix his or her signature stamp in lieu of an
actual signature.20

Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the “immediate supervision” of a licensed veterinarian. 21 In addition, the following tasks may be
performed without the licensed veterinarian on the premises:
 The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
 The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.22

The Board has recognized that the following diseases are communicable to humans and are of public
health significance, and as a result, only a veterinarian is authorized to immunize or treat an animal
for these diseases. The diseases include:
 Brucellosis.
 Tuberculosis.
 Rabies.
 Equine Encephalomyelitis.23

Effect of the Bill

The bill:
 Allows an employee, an agent, or a contractor of a county or municipal animal control authority,
or sheriff, acting under the indirect supervision of a veterinarian, to administer rabies
vaccinations to impounded dogs, cats, and ferrets that will be transferred, rescued, fostered,
adopted, or reclaimed by the owner.
 Provides that the supervising veterinarian assumes responsibility for any person vaccinating
animals at his or her direction or under his or her direct or indirect supervision.
 Defines "indirect supervision," to mean the supervising veterinarian is required to be available
for consultation through telecommunications but is not required to be physically present during
such consultation.
 Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his
or her signature stamp in lieu of an actual signature to the rabies vaccination certificate.

B. SECTION DIRECTORY:

18 S. 828.30(2), F.S.
19 Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State

Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the informatio n
required by the NASPHV Rabies Vaccination Certificate.
20 S. 828.30(3), F.S.
21 S. 474.202(5), F.S., defines “immediate supervision” or words of similar purport to mean a licensed doctor of veterinary medicine is

on the premises whenever veterinary services are being provided.
22 R. 61G18-17.005, F.A.C.
23 R. 61G18-17.006, F.A.C.
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Section 1: Amends s. 828.30, F.S.; authorizing certain persons to administer rabies vaccinations to
certain animals under indirect supervision of a veterinarian.

Section 2: Amends s. 474.203, F.S., conforming provisions relating to exemptions.

Section 3: Amends s. 767.16, F.S., conforming provisions relating to police canine or service dog;
exemption.

Section 4: Amends s. 828.29, F.S., conforming provisions relating to dogs and cats transported or
offered for sale; health requirements; consumer guarantee.

Section 5: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with veterinarians currently required to be onsite to administer rabies vaccinations.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce the amount of rabies cases in the state, the associated risks to the health of
humans and animals, and related expenses.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
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None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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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

CS/HB 303 2024

1 A bill to be entitled
2 An act relating to rabies vaccinations; amending s.
3 828.30, F.S.; authorizing certain persons to
4 administer rabies vaccinations to certain animals
5 under indirect supervision of a veterinarian; defining
6 the term "indirect supervision"; conforming
7 provisions; amending ss. 474.203, 767.16, and 828.29,
8 F.S.; conforming provisions to changes made by the
9 act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (1) and (3) of section 828.30,
14 Florida Statutes, are amended to read:
15 828.30 Rabies vaccination of dogs, cats, and ferrets.—
16 (1)(a) All dogs, cats, and ferrets 4 months of age or
17 older must be vaccinated by a licensed veterinarian or a person
18 authorized under paragraph (b) against rabies with a vaccine
19 that is licensed by the United States Department of Agriculture
20 for use in those species.
21 (b) Acting under the indirect supervision of a
22 veterinarian, an employee, an agent, or a contractor of a county
23 or municipal animal control authority or sheriff may vaccinate
24 against rabies dogs, cats, and ferrets in the custody of an
25 animal control authority or a sheriff that will be transferred,

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26 rescued, fostered, adopted, or reclaimed by the owner. The
27 supervising veterinarian assumes responsibility for any person
28 vaccinating animals at his or her direction or under his or her
29 direct or indirect supervision. As used in this paragraph, the
30 term "indirect supervision" means that the supervising
31 veterinarian is required to be available for consultation
32 through telecommunications but is not required to be physically
33 present during such consultation.
34 (c) The owner of every dog, cat, and ferret shall have the
35 animal revaccinated 12 months after the initial vaccination.
36 Thereafter, the interval between vaccinations shall conform to
37 the vaccine manufacturer's directions. The cost of vaccination
38 must be borne by the animal's owner. Evidence of circulating
39 rabies virus neutralizing antibodies may shall not be used as a
40 substitute for current vaccination in managing rabies exposure
41 or determining the need for booster vaccinations.
42 (3) Upon vaccination against rabies, the licensed
43 veterinarian shall provide the animal's owner and the animal
44 control authority with a rabies vaccination certificate. Each
45 animal control authority and veterinarian shall use the "Rabies
46 Vaccination Certificate" of the National Association of State
47 Public Health Veterinarians (NASPHV) or an equivalent form
48 approved by the local government that contains all the
49 information required by the NASPHV Rabies Vaccination
50 Certificate. The veterinarian who administers the rabies

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51 vaccination or who supervises the administration of the rabies
52 vaccination as provided in paragraph (1)(b) vaccine to an animal
53 as authorized required under this section may affix his or her
54 signature stamp in lieu of an actual signature.
55 Section 2. Paragraph (a) of subsection (5) of section
56 474.203, Florida Statutes, is amended to read:
57 474.203 Exemptions.—This chapter does not apply to:
58 (5)(a) Any person, or the person's regular employee,
59 administering to the ills or injuries of her or his own animals,
60 including, but not limited to, castration, spaying, and
61 dehorning of herd animals, unless title is transferred or
62 employment provided for the purpose of circumventing this law.
63 This exemption does not apply to any person licensed as a
64 veterinarian in another state or foreign jurisdiction and
65 practicing temporarily in this state. However, except as
66 provided in s. 828.30, only a veterinarian may immunize or treat
67 an animal for diseases that are communicable to humans and that
68 are of public health significance.
69
70 For the purposes of chapters 465 and 893, persons exempt
71 pursuant to subsection (1), subsection (2), or subsection (4)
72 are deemed to be duly licensed practitioners authorized by the
73 laws of this state to prescribe drugs or medicinal supplies.
74 Section 3. Subsection (2) of section 767.16, Florida
75 Statutes, is amended to read:

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76 767.16 Police canine or service dog; exemption.—
77 (2) Any dog used as a service dog for blind, hearing
78 impaired, or disabled persons that bites another animal or a
79 human is exempt from any quarantine requirement following such
80 bite if the dog has a current rabies vaccination that was
81 administered as provided in s. 828.30 by a licensed
82 veterinarian.
83 Section 4. Paragraph (b) of subsection (1) and paragraph
84 (b) of subsection (2) of section 828.29, Florida Statutes, are
85 amended to read:
86 828.29 Dogs and cats transported or offered for sale;
87 health requirements; consumer guarantee.—
88 (1)
89 (b) For each dog offered for sale within the state, the
90 tests, vaccines, and anthelmintics required by this section must
91 be administered by or under the direction of a veterinarian,
92 licensed by the state and accredited by the United States
93 Department of Agriculture, who issues the official certificate
94 of veterinary inspection. The tests, vaccines, and anthelmintics
95 must be administered before the dog is offered for sale in the
96 state, unless the licensed, accredited veterinarian certifies on
97 the official certificate of veterinary inspection that to
98 inoculate or deworm the dog is not in the best medical interest
99 of the dog, in which case the vaccine or anthelmintic may not be
100 administered to that particular dog. Each dog must receive

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101 vaccines and anthelmintics against the following diseases and
102 internal parasites:
103 1. Canine distemper.
104 2. Leptospirosis.
105 3. Bordetella (by intranasal inoculation or by an
106 alternative method of administration if deemed necessary by the
107 attending veterinarian and noted on the health certificate,
108 which must be administered in this state once before sale).
109 4. Parainfluenza.
110 5. Hepatitis.
111 6. Canine parvo.
112 7. Rabies, provided the dog is over 3 months of age and
113 the inoculation is administered as provided in s. 828.30 by a
114 licensed veterinarian.
115 8. Roundworms.
116 9. Hookworms.
117
118 If the dog is under 4 months of age, the tests, vaccines, and
119 anthelmintics required by this section must be administered no
120 more than 21 days before sale within the state. If the dog is 4
121 months of age or older, the tests, vaccines, and anthelmintics
122 required by this section must be administered at or after 3
123 months of age, but no more than 1 year before sale within the
124 state.
125 (2)

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126 (b) For each cat offered for sale within the state, the
127 tests, vaccines, and anthelmintics required by this section must
128 be administered by or under the direction of a veterinarian,
129 licensed by the state and accredited by the United States
130 Department of Agriculture, who issues the official certificate
131 of veterinary inspection. The tests, vaccines, and anthelmintics
132 must be administered before the cat is offered for sale in the
133 state, unless the licensed, accredited veterinarian certifies on
134 the official certificate of veterinary inspection that to
135 inoculate or deworm the cat is not in the best medical interest
136 of the cat, in which case the vaccine or anthelmintic may not be
137 administered to that particular cat. Each cat must receive
138 vaccines and anthelmintics against the following diseases and
139 internal parasites:
140 1. Panleukopenia.
141 2. Feline viral rhinotracheitis.
142 3. Calici virus.
143 4. Rabies, if the cat is over 3 months of age and the
144 inoculation is administered as provided in s. 828.30 by a
145 licensed veterinarian.
146 5. Hookworms.
147 6. Roundworms.
148
149 If the cat is under 4 months of age, the tests, vaccines, and
150 anthelmintics required by this section must be administered no

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151 more than 21 days before sale within the state. If the cat is 4
152 months of age or older, the tests, vaccines, and anthel mintics
153 required by this section must be administered at or after 3
154 months of age, but no more than 1 year before sale within the
155 state.
156 Section 5. This act shall take effect July 1, 2024.

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HB 473
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 473 Cybersecurity Incident Liability
SPONSOR(S): Giallombardo
TIED BILLS: IDEN./SIM. BILLS: SB 658

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Commerce Committee Bauldree Hamon

2) State Administration & Technology
Appropriations Subcommittee

3) Judiciary Committee

SUMMARY ANALYSIS
Per Florida law, local governments are required to adopt cybersecurity standards that safeguard the local
government’s data, information technology, and information technology resources to ensure availability,
confidentiality, and integrity. The standards must be consistent with generally accepted best practices for
cybersecurity, including the National Institute for Standards and Technology (NIST) cybersecurity framework.

The NIST is a non-regulatory federal agency housed within the U.S. Department of Commerce. NIST is
charged with providing a prioritized, flexible, repeatable, performance-based, and cost-effective framework that
helps owners and operators of critical infrastructure identify, assess, and manage cyber risk. While the
framework was developed with critical infrastructure in mind, it can be used by organizations in any sector of
the economy or society.

Under the bill, a county or municipality that substantially complies with the standards required by state law is
not liable in connection with a cybersecurity incident.

The bill also provides that a sole proprietorship, partnership, corporation, trust, estate, cooperative,
association, or other commercial entity or third-party agent, that acquires, maintains, stores, or uses personal
information is not liable in connection with a cybersecurity incident if the entity substantially complies with
measures to protect and secure electronic data containing personal information as required by Florida law and
has adopted a cybersecurity program that substantially aligns with the current version of any of the standards
specified in the bill. The bill provides that the scale and scope of “substantial alignment” with a standard
specified in the bill must be based on the size and complexity of the entity or third-party agent, the nature and
scope of the activities of the entity or third-party agent, and the sensitivity of the information to be protected.

The bill does not establish a private cause of action. It provides that the failure of a county, municipality, or
commercial entity or third-party to substantially implement a cybersecurity program as specified in the bill is not
evidence of negligence and does not constitute negligence per se.

The bill does not affect state or local government revenues or expenditures.

The bill takes effect upon becoming law.

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

Access to Courts

The Florida Constitution broadly protects the right to access the courts, which "shall be open to every
person for redress of any injury..."1 However, this constitutional right is not unlimited.

In Kluger v. White,2 the Supreme Court of Florida stated that it would not completely prohibit the
Legislature from altering a cause of action, but neither would it allow the Legislature "to destroy a
traditional and long-standing cause of action upon mere legislative whim..." The takeaway from Kluger
and other relevant case law is that the Legislature may:
 Reduce the right to bring a cause of action as long as the right is not entirely abolished. 3
 Abolish a cause of action that is not "traditional and long-standing"—that is, a cause of action
that did not exist at common law, and that did not exist in statute before the adoption of the
Florida Constitution's Declaration of Rights.4
 Abolish a cause of action if the Legislature either:
o Provides a reasonable commensurate benefit in exchange; 5 or
o Shows an "overpowering public necessity for the abolishment of such right, and no
alternative method of meeting such public necessity can be shown." 6

Tort Liability and Negligence

A "tort" is a wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate
a person harmed by another person’s wrongful acts, whether intentional, reckless, or negligent, through
a civil action or other comparable process. A properly-functioning tort system:
 Provides a fair and equitable forum to resolve disputes;
 Appropriately compensates legitimately harmed persons;
 Shifts the loss to responsible parties;
 Provides an incentive to prevent future harm; and
 Deters undesirable behavior.7

"Negligence" is a legal term for a type of tort action that is unintentionally committed. In a negligence
action, the plaintiff is the party that brings the lawsuit, and the defendant is the party that defends
against it. To prevail in a negligence lawsuit, a plaintiff must demonstrate that the:

1 Art. I, s. 21, Fla. Const.
2
Kluger v. White, 281 So. 2d 1 (Fla. 1973).
3 See Achord v. Osceola Farms Co., 52 So. 3d 699 (Fla. 2010).
4 See Anderson v. Gannett Comp., 994 So. 2d 1048 (Fla. 2008) (false light was not actionable under the common law); McPhail v.

Jenkins, 382 So. 2d 1329 (Fla. 1980) (wrongful death was not actionable under the common law); see also Kluger, 281 So. 2d at 4
("We hold, therefore, that where a right of access to the courts for redress for a particular injury has been provided by statutory law
predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has beco me a p a rt o f
the common law of the State . . . the Legislature is without power to abolish such a right without providing a reasonable altern a ti ve . . .
unless the Legislature can show an overpowering public necessity . . .").
5 Kluger, 281 So. 2d at 4; see Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993) (upholding a statutory cap on medical malpracti ce

damages because the Legislature provided arbitration, which is a "commensurate benefit" for a claimant); accord Lasky v. Sta te Fa rm
Ins. Co., 296 So. 2d 9 (Fla. 1974); b ut see Smith v. Dept. of Ins., 507 So. 2d 1080 (Fla. 1992) (striking down a noneconomic cap on
damages, which, while not wholly abolishing a cause of action, did not provide a commensurate benefit).
6 Kluger, 281 So. 2d at 4-5 (noting that in 1945, the Legislature abolished the right to sue for several causes of action, but succe s sfu l ly

demonstrated "the public necessity required for the total abolition of a right to sue") (citing Rotwein v. Gersten, 36 So. 2d 419 (Fla.
1948); see Echarte, 618 So. 2d at 195 ("Even if the medical malpractice arbitration statutes at issue did not provide a commensurate
benefit, we would find that the statutes satisfy the second prong of Kluger which requires a legislative finding that an 'overpowering
public necessity' exists, and further that 'no alternative method of meeting such public necessity can be shown'").
7 Am. Jur. 2d Torts s. 2.

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 Defendant had a legal duty of care requiring the defendant to conform to a certain standard of
conduct for the protection of others, including the plaintiff, against unreasonable risks;
 Defendant breached his or her duty of care by failing to conform to the required standard;
 Defendant’s breach caused the plaintiff’s injury; and
 Plaintiff suffered actual damage or loss resulting from his or her injury. 8

Courts distinguish varying degrees of civil negligence by using terms such as:

Slight The failure to exercise great care. This often applies to injuries
Negligence caused by common carries charged with the duty to exercise the
highest degree of care toward their passengers.9
Ordinary The failure to exercise that degree of care which an ordinary prudent
Negligence person would exercise; or, in other words, a course of conduct which
a reasonable and prudent person would know might possibly result
in injury to others.10
Gross A course of conduct which a reasonable and prudent person knows
Negligence would probably and most likely result in injury to another.11 To prove
gross negligence, a plaintiff must usually show that the defendant
had knowledge or awareness of imminent danger to another and
acted or failed to act with a conscious disregard for the
consequences.12 Once proven, gross negligence may support a
punitive damage 13 award.14

In Florida, before a court awards damages in a negligence action, the jury generally assigns a fault
percentage to each party under the comparative negligence rule. Florida applies 15 a "pure" comparative
negligence rule, which allows a plaintiff to recover damages proportional to his or her fault
percentage.16 For example, if a plaintiff is 40 percent at fault for an accident causing the plaintiff’s injury
and the defendant is 60 percent at fault, the plaintiff would recover 60 percent of his or her damages.

The Florida Rules of Civil Procedure generally require a plaintiff in a civil action to file a complaint and
require a defendant to file an answer to the complaint. 17 Florida is a "fact-pleading jurisdiction." This
means that a pleading setting forth a claim for relief, including a complaint, must generally state a
cause of action and contain a:
 Short and plain statement of the grounds on which the court’s jurisdiction depends, unles s the
court already has jurisdiction and the claim needs no new grounds to support it;
 Short and plain statement of the ultimate facts 18 showing the pleader is entitled to relief; and
 Demand for the relief to which the pleader believes he or she is entitled.19

8 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Financial Services, 303 So. 3d 508 (Fla. 2020).
9 See Faircloth v. Hill, 85 So. 2d 870 (Fla. 1956); see also Holland America Cruises, Inc. v. Underwood, 470 So. 2d 19 (Fla. 2d DCA

1985); Werndli v. Greyhound Corp., 365 So. 2d 177 (Fla. 2d DCA 1978); 6 Florida Practice Series s. 1.2.
10 See De Wald v. Quarnstrom , 60 So. 2d 919 (Fla. 1952); see also Clements v. Deeb , 88 So. 2d 505 (Fla. 1956); 6 Florida Practice

Series s. 1.2.
11 See Clements, 88 So. 2d 505; 6 Florida Practice Series s. 1.2.
12 See Carraway v. Revell, 116 So. 2d 16 (Fla. 1959).
13 Punitive damages are awarded in addition to actual damages to punish a defendant for behavior considered especially harmful.

Florida generally caps punitive damage awards at $500,000 or triple the value of compensatory damages, whichever is greater, and
caps cases of intentional misconduct with a financial motivation at two million dollars or four times the amount of compensatory
damages, whichever is greater. S. 768.73(1), F.S.
14 See Glaab v. Caudill, 236 So. 2d 180 (Fla. 2d DCA 1970); 6 Florida Practice Series s. 1.2; s. 768.72(2), F.S.
15 The comparative negligence standard does not apply to any action brought to recover economic damages from pollution, based on

an intentional tort, or to which the joint and several liability doctrines is specifically applied in ch. 403, 498, 517, 542, and 895, F.S. S.
768.81(4), F.S.
16 S. 768.81(2), F.S.; see Williams v. Davis, 974 So. 2d 1052 (Fla. 2007).
17 Fla. R. Civ. P. 1.100.
18 Ultimate facts are facts that must be accepted for a claim to prevail, usually inferred from a number of supporting evi dentiary facts,

which themselves are facts making other facts more probable. See Legal Information Institute, Ultimate Fact,
https://www.law.cornell.edu/wex/ultimate_fact (last visited Jan. 18, 2024); see also Legal Information Institute, Evidentiary Facts,
https://www.law.cornell.edu/wex/evidentiary_fact (last visited Jan. 18, 2024).
19 See Goldschmidt v. Holman, 571 So. 2d 422 (Fla. 1990); Fla. R. Civ. P. 1.110.

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However, certain allegations 20 must be plead with "particularity," which is a heightened level of pleading
requiring a statement of facts sufficient to satisfy the elements of each claim.

Burden of Proof and Presumptions

The burden of proof is an obligation to prove a material fact in issue.21 Generally, the party who asserts
the material fact in issue has the burden of proof.22 In a civil proceeding, for example, the burden of
proof is on the plaintiff to prove the allegations contained in his or her complaint. Further, a defendant in
either a criminal or a civil proceeding has the burden to prove any affirmative defenses 23 he or she may
raise in response to the charges or allegations. However, there are certain statutory and common law
presumptions 24 that may shift the burden of proof from the party asserting the material fact in issue to
the party defending against such fact.25 These presumptions remain in effect following the introduction
of evidence rebutting the presumption, and the factfinder must decide if such evidence is strong
enough to overcome the presumption.26 A presumption is a legal inference that can be made with
knowing certain facts. Most presumptions are able to be rebutted, if proven to be false or thrown into
sufficient doubt by the evidence.27

Cybersecurity Standards

Per Florida law, local governments are required to adopt cybersecurity standards that safeguard the
local government’s data, information technology, and information technology resources to ensure
availability, confidentiality, and integrity.28 The standards must be consistent with generally accepted
best practices for cybersecurity, including the National Institute for Standards and Technology (NIST)
cybersecurity framework.29 Once the standards are adopted, each local government is to notify the
Florida Digital Service (FLDS)30 as soon as possible.31

NIST is a non-regulatory federal agency housed within the U.S. Department of Commerce. NIST is
charged with providing a prioritized, flexible, repeatable, performance-based, and cost-effective
framework that helps owners and operators of critical infrastructure identify, assess, and manage cyber
risk. While the framework was developed with critical infrastructure in mind, it can be used by
organizations in any sector of the economy or society. 32 The framework is designed to complement,
and not replace, an organization’s own unique approach to cybersecurity risk management. As such,
there are a variety of ways to use the framework and the decision about how to apply it is left to the
implementing organization. For example, an organization may use its current processes and consider
the framework to identify opportunities to strengthen its cybersecurity risk management. The
framework, overall, provides an outline of best practices that helps organizations decide where to focus
resources for cybersecurity protection.33 Other cybersecurity standards include:

20 These allegations include fraud, mistake, condition of the mind, and denial of performance or occurrence. Fla. R. Civ. P. 1.1 20(b),(c).
21
5 Florida Practice Series s. 16:1.
22 Id.; see Berg v. Bridle Path Homeowners Ass’n, Inc., 809 So. 2d 32 (Fla. 4th DCA 2002).
23 An affirmative defense is a defense which, if proven, negates criminal or civil liability even if it is proven that the defen dant committed

the acts alleged. Examples include self-defense, entrapment, insanity, necessity, and respondeat superior. Legal Information Institute,
Affirmative Defense, https://www.law.cornell.edu/wex/affirmative_defense (last visited Jan. 18, 2024).
24
These presumptions tend to be social policy expressions, such as the presumption that all people are sane or that all children born in
wedlock are legitimate. 5 Florida Practice Series s. 16:1.
25 5 Florida Practice Series s. 16:1.
26
Id.
27
Legal Information Institute, Presumption, https://www.law.cornell.edu/wex/presumption (last visited Jan. 18, 2024).
28 S.282.3185(4)(a), F.S.
29 Id.

30 FLDS works under Department of Management Services to implement policies for information technology and
cybersecurity for state agencies.
31 S.282.3185(4)(d), F.S.
32 National Institute of Standards and Technology, Framework for Improving Critical Infrastructure Cyb ersecurity,

https://nvlpubs.nist.gov/nistpubs/CSWP/NIST.CSWP.04162018.pdf (last visited March 7, 2023).
33 Id.

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NIST special publication Provides recommended requirements for protecting
800-171 the confidentiality of controlled unclassified
information. If a manufacturer is part of a
Department of Defense, General Services
Administration, NASA, or other state or federal
agency supply chain then they must comply with
these security requirements.34
NIST special publications A category of security and privacy controls. Covers
800-53 and 800-53A the steps in the Risk Management Framework that
address security controls for federal information
systems.35
The Federal Risk and Organization established by the General Services
Authorization Management Administration (a federal government program) that
Program security provides U.S. federal agencies, state agencies, and
assessment framework their vendors with a standardized set of best
practices to assess, adopt, and monitor the use of
cloud-based technology services under the Federal
Information Security Management Act (FISMA).36
CIS Critical Security The Center for Internet Security (CIS) Critical
Controls Security Controls are a prescriptive and simplified
set of best practices for strengthening cybersecurity
for different organizations. CIS was created in
response to extreme data losses experienced by
organizations in the U.S. defense industrial base.37
The International ISO/IEC 27001 (ISO) enables organizations of all
Organization for sectors to manage security of financial information,
Standardization/International intellectual property, employee data, and information
Electrotechnical entrusted by third parties. ISO has auditors and is an
Commission 27000 – series international standard. There are 804 technical
family of standards committees and subcommittees concerned with
such standards of development.38

Florida law also requires certain covered entities,39 governmental entities,40 or third-party agents to take
reasonable measures to protect and secure data in electronic form containing personal information. 41

Effect of the Bill

The bill provides that specified entities that substantially comply with certain standards are not liable in
connection with a cybersecurity incident.

34 NIST, What is the NIST SP 800-171 and Who Needs to Follow It?, https://www.nist.gov/blogs/manufacturing-innovation-blog/what-

nist-sp-800-171-and-who-needs-follow-it-0#:~:text=NIST%20SP%20800-
171%20is%20a%20NIST%20Special%20Publication,protecting%20the%20confidentiality%20of%20controlled%20unclassified%20infor
mation%20%28CUI%29 (last visited Jan. 18, 2024).
35 NIST, Selecting Security and Privacy Controls: Choosing the Right Approach , https://www.nist.gov/blogs/cybersecurity-

insights/selecting-security-and-privacy-controls-choosing-right-approach (last visited Jan. 18, 2024).
36
RiskOptics, How State and Local Agencies Can Use FedRAMP, https://reciprocity.com/how-state-and-local-agencies-can-use-
fedramp/#:~:text=The%20Federal%20Risk%20and%20Authorization%20Management%20Program%20%28FedRAMP%29,cloud%20p
roducts%20offered%20by%20cloud%20service%20providers%20%28CSPs%29 (last visited Jan. 18, 2024).
37 CIS Security, CIS Critical Security Controls, https://www.cisecurity.org/controls (last visited Jan. 18, 2024).
38
ITGovernance, ISO 27001, The International Security Standard,
https://www.itgovernanceusa.com/iso27001#:~:text=ISO%2027001%20is%20a%20globally%20recognized%20information%20security,
trusted%20benchmark.%20Protect%20your%20data%2C%20wherever%20it%20lives (last visited Jan. 18, 2024).
39 “Covered entity” means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial

entity that acquires, maintains, stores, or uses personal information. For purposes of the notice requirements in subsections (3)-(6), the
term includes a governmental entity. S. 501.171(1), F.S.
40 “Governmental entity” means any department, division, bureau, commission, regional planning agency, board, district,
authority, agency, or other instrumentality of this state that acquires, maintains, stores, or uses data in electronic form
containing personal information. Id.
41 S. 501.171. F.S.

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Under the bill, a county or municipality that substantially complies with cybersecurity standards required
by Florida law is not liable in connection with a cybersecurity incident.

The bill also provides that a sole proprietorship, partnership, corporation, trust, estate, cooperative,
association, or other commercial entity or third-party agent that acquires, maintains, stores, or uses
personal information is not liable in connection with a cybersecurity incident if the entity substantially
complies with measures to protect data containing personal information, as required by Florida law, and
has adopted a cybersecurity program that substantially aligns with the current version of any of the
following:
 NIST Framework for Improving Critical Infrastructure Cybersecurity;
 NIST special publication 800-171;
 NIST special publications 800-53 and 800-53A;
 The Federal Risk and Authorization Management Program security assessment framework;
 CIS Critical Security Controls; or
 The International Organization for Standardization/International Electrotechnical Commission
27000 – series family of standards.

Under the bill, if the entity or third-party agent is regulated by the state or federal government, or both,
or is otherwise subject to the requirements of any of the following laws and regulations, it must
substantially align its cybersecurity program to the current version of:
 The security requirements of the Health Insurance Portability and Accountability Act of 1996;42
 Title V of the Gramm-Leach-Bliley Act of 1999 as amended;43
 The Federal Information Security Modernization Act of 2014;44 or
 The Health Information Technology for Economic and Clinical Health Act.45

The bill provides that the scale and scope of the entity’s or third-party agent’s “substantial alignment”
with a standard specified in the bill must be based on the following factors:
 The size and complexity of the entity or third-part agent;
 The nature and scope of the activities of the entity or third-party agent; and
 The sensitivity of the information to be protected.

Under the bill, any commercial entity or third-party agent that substantially complies with a combination
of industry-recognized cybersecurity frameworks or standards, including the payment card industry data
security standard, gains a presumption against liability in connection with a cybersecurity incident. To
maintain this presumption, it must adopt revised frameworks or standards within one year after the
latest publication date stated in the revisions. In an action in connection with a cybersecurity incident, if
the defendant is an entity covered by the bill, the defendant holds the burden of proof to establish
substantial compliance.

42 To comply with the HIPAA Security Rule, covered entities must: (1) ensure confidentiality of all electronic protected
health information, (2) detect and safeguard against anticipated threats to information security, (3) protect against
anticipated impermissible disclosures, and (4) certify compliance by their workforce. Centers for Disease Control and
Prevention, Health Insurance Portability and Accountability Act of 1996 (HIPAA),
https://www.cdc.gov/phlp/publications/topic/hipaa.html (last visited Jan. 19, 2024).
43 Title V of this Act requires the Federal Trade Commission, in conjunction with other regulators, to issue regulations

ensuring that financial institutions protect the privacy of consumers' personal financial information. Federal Trade
Commission, Gramm-Leach-Bliley Act, https://www.ftc.gov/legal-library/browse/statutes/gramm-leach-bliley-act (last
visited Jan. 19, 2024).
44 The Federal Information Security Modernization Act requires agencies to report the status of their information security

programs to OMB and requires Inspectors General (IG) to conduct annual independent assessments of those programs.
U.S. Chief Information Officers Council, Federal Information Security Modernization Act (FISMA),
https://www.cio.gov/policies-and-priorities/FISMA/ (last visited Jan. 19, 2024).
45 The Health Information Technology for Economic and Clinical Health Act addresses the privacy and security concerns

associated with the electronic transmission of health information, in part, through several provisions that strengthen the
civil and criminal enforcement of the HIPAA rules. U.S. Department of Health and Human Services, HITECH Act
Enforcement Interim Final Rule, https://www.hhs.gov/hipaa/for-professionals/special-topics/hitech-act-enforcement-
interim-final-rule/index.html (last visited Jan. 19, 2024).
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The bill does not establish a private cause of action. It provides that the failure of a county, municipality,
or commercial entity or third-party to substantially implement a cybersecurity program as specified in
the bill is not evidence of negligence and does not constitute negligence per se.

The bill provides that the act shall take effect upon becoming law.

B. SECTION DIRECTORY:
Section 1: Creates s. 768.401, F.S., relating to limitation on liability for cybersecurity incidents.

Section 2: Provides that the bill is effective upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill provides an incentive for local governments and certain commercial entities and third-party
agents to take actions that better protect data (including taxpayer and consumer personal information),
information technology, and information technology resources that, if accessed by unauthorized
persons, could cause harm to persons and businesses. This may reduce the frequency and impact of
cyber-attacks in 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:

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None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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 473 2024

1 A bill to be entitled
2 An act relating to cybersecurity incident liability;
3 creating s. 768.401, F.S.; providing that a county,
4 municipality, commercial entity, or third-party agent
5 that complies with certain requirements is not liable
6 in connection with a cybersecurity incident; requiring
7 certain entities to adopt certain revised frameworks
8 or standards within a specified time period; providing
9 that a private cause of action is not established;
10 providing that certain failures are not evidence of
11 negligence and do not constitute negligence per se;
12 specifying that the defendant in certain actions has a
13 certain burden of proof; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 768.401, Florida Statutes, is created
18 to read:
19 768.401 Limitation on liability for cybersecurity
20 incidents.—
21 (1) A county or municipality that substantially complies
22 with s. 282.3185 is not liable in connection with a
23 cybersecurity incident.
24 (2) A sole proprietorship, partnership, corporation,
25 trust, estate, cooperative, association, or other commercial

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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 473 2024

26 entity or third-party agent that acquires, maintains, stores, or
27 uses personal information is not liable in connection with a
28 cybersecurity incident if the entity substantially complies with
29 s. 501.171, if applicable, and has:
30 (a) Adopted a cybersecurity program that substantially
31 aligns with the current version of any standards, guidelines, or
32 regulations that implement any of the following:
33 1. The National Institute of Standards and Technology
34 (NIST) Framework for Improving Critical Infrastructure
35 Cybersecurity.
36 2. NIST special publication 800-171.
37 3. NIST special publications 800-53 and 800-53A.
38 4. The Federal Risk and Authorization Management Program
39 security assessment framework.
40 5. The Center for Internet Security (CIS) Critical
41 Security Controls.
42 6. The International Organization for
43 Standardization/International Electrotechnical Commission 27000-
44 series (ISO/IEC 27000) family of standards; or
45 (b) If regulated by the state or Federal Government, or
46 both, or if otherwise subject to the requirements of any of the
47 following laws and regulations, substantially aligned its
48 cybersecurity program to the current version of the following,
49 as applicable:
50 1. The Health Insurance Portability and Accountability Act

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HB 473 2024

51 of 1996 security requirements in 45 C.F.R. part 160 and part 164
52 subparts A and C.
53 2. Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L.
54 No. 106-102, as amended.
55 3. The Federal Information Security Modernization Act of
56 2014, Pub. L. No. 113-283.
57 4. The Health Information Technology for Economic and
58 Clinical Health Act requirements in 45 C.F.R. parts 160 and 164.
59 (3) The scale and scope of substantial alignment with a
60 standard, law, or regulation under paragraph (2)(a) or paragraph
61 (2)(b) by a covered entity or third-party agent, as applicable,
62 is appropriate if it is based on all of the following factors:
63 (a) The size and complexity of the covered entity or
64 third-party agent.
65 (b) The nature and scope of the activities of the covered
66 entity or third-party agent.
67 (c) The sensitivity of the information to be protected.
68 (4) Any commercial entity or third-party agent covered by
69 subsection (2) that substantially complies with a combination of
70 industry-recognized cybersecurity frameworks or standards to
71 gain the presumption against liability pursuant to subsection
72 (2) must, upon the revision of two or more of the framewor ks or
73 standards with which the entity complies, adopt the revised
74 frameworks or standards within 1 year after the latest
75 publication date stated in the revisions and, if applicable,

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76 comply with the Payment Card Industry Data Security Standard
77 (PCI DSS).
78 (5) This section does not establish a private cause of
79 action. Failure of a county, municipality, or commercial entity
80 to substantially implement a cybersecurity program that is in
81 compliance with this section is not evidence of negligence and
82 does not constitute negligence per se.
83 (6) In an action in connection with a cybersecurity
84 incident, if the defendant is an entity covered by subsection
85 (1) or subsection (2), the defendant has the burden of proof to
86 establish substantial compliance.
87 Section 2. This act shall take effect upon becoming a law.

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hb0473-00
Commerce Committee
HB 473 by Rep. Giallombardo
Cybersecurity Incident Liability

AMENDMENT SUMMARY
January 23, 2024

Amendment 1 by Giallombardo (line 22):

• Provides that, in addition to a county or municipality, a political subdivision of the
state that substantially complies with specified cybersecurity standards in Florida
law on a voluntary basis is not liable in connection with a cybersecurity incident.

Amendment 2 by Giallombardo (line 79):

• Provides that the failure of a political subdivision of the state to substantially
implement a cybersecurity program that is in compliance with the provisions of
the bill is not evidence of negligence and does not constitute negligence per se.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 473 (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: Commerce Committee
2 Representative Giallombardo offered the following:
3
4 Amendment (with title amendment)
5 Remove line 22 and insert:
6 with s. 282.3185, and any other political subdivision of the
7 state that substantially complies with s. 282.3185 on a
8 voluntary basis, is not liable in connection with a
9
10 -----------------------------------------------------
11 T I T L E A M E N D M E N T
12 Remove line 4 and insert:
13 municipality, other political subdivision of the state,
14 commercial entity, or third-party agent

016531 - h0473-line 22.docx
Published On: 1/22/2024 7:21:02 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 473 (2024)
Amendment No. 2

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

1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Giallombardo offered the following:
3
4 Amendment
5 Remove line 79 and insert:
6 action. Failure of a county, municipality, other political
7 subdivision of the state, or commercial entity

265555 - h0473-line 79.docx
Published On: 1/22/2024 7:21:52 PM
Page 1 of 1
CS/HB 481
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 481 Building Construction Regulations and System Warranties
SPONSOR(S): Civil Justice Subcommittee, Maggard
TIED BILLS: IDEN./SIM. BILLS: SB 612

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mawn Jones

2) Commerce Committee Wright Hamon

3) Judiciary Committee

SUMMARY ANALYSIS
The Florida Building Codes Act (“Building Code”), set out in part IV of ch. 553, F.S., sets minimum standards
for the design, construction, erection, alteration, modification, repair, and demolition of structures in the state.
The Building Code also incorporates all state laws and rules pertaining to such standards.

An electrical disconnect switch is a switch that isolates all wiring in a structure, or the wiring in a dedicated
electrical circuit, from its power source. Each component of an electrical circuit, including the disconnect
switch, is rated for a maximum flow of electric current, measured in amperes. Under Florida law, an HVAC unit
must have a dedicated electrical disconnect switch; electricity runs from the power source to the switch through
the switch’s “line side,” and from the switch’s “load side” to the HVAC unit. Installation of an HVAC unit or
components thereof must be done in compliance with the unit’s or component’s amperage requirements.
However, only a licensed electrical contractor may perform “line side” work on a dedicated HVAC electrical
disconnect switch. Thus, where components of a structure’s existing electrical circuit cannot handle the
amperage requirements of a new or repaired HVAC unit, a licensed electrical contractor is generally needed to
upgrade the insufficient components before the HVAC system contractor may turn on the new or repaired
HVAC unit.

A warranty is, in essence, a contract making assurances about the condition of a product, which contract
requires the product’s manufacturer, distributor, or retailer to replace, repair, or issue a refund for the product
under the circumstances specified in the warranty agreement. Under current law, an HVAC system warranty
runs with the property on which the system is fixed and thus transfers to a subsequent purchaser thereof
automatically. An HVAC system warranty is also considered registered if it was installed by a licensed
contractor who then provides specified documentation to the warrantor and the consumer; however, a
warrantor can still refuse to honor a warranty’s terms if the warranty is unregistered.

CS/HB 481:
 Expands the scope of work for specified HVAC system contractors to include specified line-side repairs
or replacements and the repair or replacement of specified components for dedicated HVAC circuits
under specified conditions.
 Prohibits the conditioning of an HVAC system warranty on product registration and specifies that the full
length of such a warranty’s coverage term begins on the date a licensed contractor installs the system.

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

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

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Florida Building Code

The Florida Building Codes Act (“Building Code”), established in part IV of ch. 553, F.S., provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single state building
code that must be applied, administered, and enforced uniformly and consistently across the state.1 The
Building Code is adopted by the Commission and enforced by local governments.2

The Building Code’s primary purpose is the regulation of new construction and existing structure
modifications to achieve the highest safety level and the fewest construction defects.3 To accomplish
this, the Building Code sets minimum standards for the design, construction, erection, alteration,
modification, repair, and demolition of structures in the state, and incorporates all state laws and rules
pertaining to such standards.4

Plan Review and Building Permits

Each local government must issue building permits for construction projects within its jurisdiction.5
However, the building official may not issue a building permit before first reviewing the plans and
specifications and finding that such plans and specifications comply with the Building Code. 6 No
person, firm, or corporation may construct, erect, alter, repair, secure, or demolish any structure without
first obtaining a building permit, if required, from the building official.7

Inspections and Violations

For any construction requiring a building permit, the building official8 must inspect the work to ensure
that it complies with the Building Code.9 Where a local government determines that an engineer,
architect, or contractor has committed a “material violation” of the Building Code and has failed to
correct the violation within a reasonable time, the local government must impose a fine on such
licensee of no less than $500 and no more than $5,000 per violation. 10 A “material violation,” as the
term is used here, is a violation existing within a completed building, structure, or facility which may
result, or has resulted, in physical harm to a person or significant damage to the performance of a
building or its systems.11

1 S. 553.72(1), F.S.
2
Ss. 125.56, 553.72, 553.73, and 553.74, F.S.
3 Fla. Bldg. Comm., Advanced Florida Building Code Principals, http://www.floridabuilding.org/Upload/Courses_trp/421-2-MATERIAL-

Adv%20FL%20Bldg%20Code%20-%20Course%20PDF%20version%207.0.pdf (last visited Jan. 11, 2024).
4 S. 553.73(1), F.S. The civil rights portions of the Accessibility Code are not incorporated.
5 A building permit is an official document or certificate issued by the local building official that authorizes perfo rmance of a specific

construction activity. Ss. 125.01(1)(bb), 125.56(1), 468.603(2), and 553.80(1), F.S.
6 Ss. 125.56 and 553.79, F.S.
7 Building permits are generally not required for cosmetic improvements, such as painting or flooring replacement. S. 55 3.79, F.S.
8 A building official is a local government employee or a person contracted with a government entity who supervises building co de

activities. Id.
9 Id.
10 S. 553.781, F.S.
11 Id.

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Certificates of Completion or Occupancy

The building official issues a certificate of completion when an existing building or structure is
renovated or remodeled without a change in its occupancy or use, or when a shell building12 is newly
constructed, and such work passes its final building inspection. 13 When a new structure to be
occupied14 passes its final building inspection, the building official issues a certificate of occupancy.15 A
building or structure requiring a certificate of completion or occupancy generally may not be used or
occupied until the appropriate certificate is issued; however, the building official may issue a temporary
certificate of completion or occupancy before the project’s close if a portion of the building or structure
may be safely used or occupied.16 The temporary certificate grants the applicant the same rights as a
certificate of completion or occupancy but expires after a set time period unless the building official
grants an extension.17 A building official may also suspend or revoke a temporary or final certificate of
occupancy or completion if the certificate was issued in error or on the basis of incorrect information or
where it is determined that the building or structure is in violation of any ordinance, regulation, or
Building Code provision.18

HVAC System Contractors

Job Scopes

Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S. 19
Such job scopes include a:
 “Class A air-conditioning contractor,” meaning a contractor whose services are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design central air-conditioning, heating, and ventilation (“HVAC”)
systems and to perform other related tasks, including replacing, disconnecting, or reconnecting
power wiring on the load side20 of the dedicated existing electrical disconnect switch. 21
 “Class B air-conditioning contractor,” meaning a contractor whose services are limited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design HVAC systems and to perform other related tasks, including
replacing, disconnecting, or reconnecting power wiring on the load side of the dedicated existing
electrical disconnect switch.22
 “Mechanical contractor,” meaning a contractor whose services are unlimited in the execution of
contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate,
alter, extend, or design HVAC systems and to perform other tasks, 23 including replacing,

12 A shell building separates a structure’s interior space from its e xterior and generally consists of the foundation, outer walls, roofing,

windows, and exterior doors. When a shell building is constructed, the developer leaves the structure’s interior unfinished s o that the
purchaser or tenant may contract with other cons truction professionals to customize its elements (including flooring, ceilings, interior
walls, interior doors, and electrical fittings). Nassau County Building/Code Enforcement Department, Guidelines for Shell Building and
Tenant Build-Out Permits, https://www.nassaucountyfl.com/DocumentCenter/View/13984/Guidelines-for-Shell-Building-and-Tenant-
Build-Out-Permits?bidId (last visited Jan. 11, 2024).
13 Passage of a final building inspection includes obtaining approvals for all permits issued for the project (such as building and fire

permits and sub-permits such as electrical, mechanical, elevator, plumbing, and roof permits ). S. 553.79(17)(a), F.S.; S. 110, Fla. Bldg.
Code, 7th Ed. (2020).
14
This includes an existing building or structure for which the occupancy classification is changing.
15 S. 111, Fla. Bldg. Code, 7th Ed. (2020).
16 Typically, the building official also requires that any outstanding work be nearing completion before issuing a temporary cer tificate.

See City of Tampa, Apply for a Temporary Certificate of Occupancy, https://www.tampa.gov/document/apply-temporary-certificate-
occupancy-tco-35571 (last visited Jan. 11, 2024) (requiring an applicant for a temporary certificate of occupancy to affirm that
construction will be complete within 90 days); id.
17 S. 111, Fla. Bldg. Code, 7th Ed. (2020).
18 Id.
19 S. 489.105(3), F.S.
20 The electrical wiring to the disconnect feed is fed from the “load side,” or outgoing side.
21 S. 489.105(3), F.S.
22 Id.
23 In addition to the tasks a class A contractor may perform, a mechanical contractor may work on medical and fuel gas lines.

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disconnecting, or reconnecting power wiring on the load side of the dedicated existing electrical
disconnect switch.24

HVAC System Contractor Limitations

An electrical disconnect switch is a switch that isolates all wiring in a home or other structure, or the
wiring in a dedicated electrical circuit,25 from its power source.26 Electricity to a disconnect switch is fed
from the “load side,” or outgoing side, of the power source to the “line side,” or incoming side, of the
switch; electricity is then fed from the “load side” of the disconnect switch to the “line side” of the device
to be powered.27 The components of an electrical circuit, including an electrical disconnect switch, are
rated for a maximum flow of electrical current, measured in amperes; the higher the ampere rating, the
more continuous electrical current an electrical circuit can handle without the risk of component
deterioration or overheating.28

Under Florida law, an HVAC unit must have a dedicated electrical disconnect switch, which switch must
be located within sight of and be readily accessible from the HVAC unit. 29 Electricity runs from the
power source to the dedicated HVAC electrical disconnect switch through the switch’s “line side,” and
from the switch’s “load side” to the HVAC unit, as indicated in the diagram below:

Line Side

Main Panelboard

HVAC Dedicated Disc-o nnect Switch

HVAC Equipment

Under Florida law, only a licensed electrical contractor may perform “line side” work on the dedicated
HVAC electrical disconnect switch.30 Thus, HVAC system contractors, whether they are class A, class
B, or mechanical, are currently prohibited from replacing, disconnecting, or reconnecting power wiring
on the line side of the dedicated HVAC disconnect switch or from repairing or replacing power wiring,
disconnects, breakers, or fuses for dedicated HVAC circuits. However, the Building Code requires that
HVAC units and components thereof be installed in compliance with the amperage requirements of the
unit or component.31 Thus, where components of a home or structure’s existing electrical circuit cannot
handle the ampere requirements of the new or repaired HVAC unit, a licensed electrical contractor is

24 Id.
25 A “dedicated electrical circuit” has its own circuit breaker and supports a single outlet; thus, only one electrically powere d device can

draw power from that circuit at any given time. Harrison Electric, Inc. Dedicated Circuits: What They Are & How to Determine If You
Need Them, Aug. 16, 2021, https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what-they-are-how-to-determine-if-you-
need-them (last visited Jan. 11, 2024).
26 Power will flow to the breaker so long as the power source is operational, but power will only flow from the breaker through the

structure if the disconnect switch is flipped to the “on” position. This is what is meant by “isolate.” American Electrical, Inc., Switching to
Safety: Exploring the Importance of Disconnect Switches in Electrical Systems, Jun 20, 2023, https://www.linkedin.com/pulse/switching-
safety-exploring-importance-disconnect/ (last visited Jan. 11, 2024).
27 Barbara Bellesi Zito, Line vs. Load Wire: What’s the Difference, May 5, 2023, https://www.angi.com/articles/line-vs-load-wire.htm (last

visited Dec. 20, 2023).
28 Dave Robbs, What are Amps, Watts, Volts, and Ohms, How Stuff Works, Oct. 3, 2022,

https://science.howstuffworks.com/environmental/energy/question501.htm (last visited Jan. 11, 2024).
29 S. 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).
30 S. 489.505(12), F.S.
31 S. 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).

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generally needed to upgrade the insufficient components before the HVAC contractor may safely turn
on the new or repaired HVAC unit.

Circuit Breaker Locks

In general, a circuit breaker lock is a device which keeps a breaker in an “off” position and prevents
unexpected electricity reenergization during equipment repair.32

HVAC System Warranties

General Background

A warranty is, in essence, a contract making assurances about the condition of a product, which
contract requires the product’s manufacturer or seller to replace, repair, or issue a refund for the
product under the circumstances specified in the warranty agreement.33 A warranty can be either
express or implied.34 An express warranty is a verbal or written assurance for a product, which warranty
is created by an affirmation of fact or promise made by the seller to the buyer that relates to the goods,
by any description of the goods that is made part of the basis of the bargain, or by any sample or model
that is made part of the basis of the bargain.35 Conversely, an implied warranty is an unstated
assurance that the product is made for its intended purpose, which warranty exists in addition to any
express warranty.36 However, there is no implied warranty where a seller states that the product is sold
“as is,” “with all faults,” or where the seller uses similar language.37

Manufacturer’s, Distributor’s, and Retailer’s Warranties

A manufacturer’s, distributor’s, or retailer’s warranty protects a consumer from defects in a faulty
product and generally attaches to a product at the time of its sale.38 Such warranties are considered
limited warranties because their coverage period generally lasts only for a certain time period after the
product’s sale, which time period is specified in the warranty agreement. 39

Once the coverage period expires, the consumer may have the option to purchase an extended
warranty under different coverage terms from the original warranty provider or a third-party provider to
extend the product’s protection period.40 Such a warranty may also be purchased at any time to protect
the consumer from common issues not typically covered by a standard manufacturer’s, distributor’s, or
retailer’s warranty, such as installation error or cosmetic defects.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act (“Act”)41 governs consumer product warranties at the federal level.
Passed in 1975, the Act requires the manufacturers and sellers of consumer products to provide

32 Herbert Post, Circuit Breaker Lockout Installation, TradeSafe, Jun. 22, 2022, https://trdsf.com/blogs/news/circuit-breaker-lockout-

installation#:~:text=A%20circuit%20breaker%20lockout%20is,the%20repair%20work%20is%20done (last visited Jan. 19, 2024);
Grainger, Circuit Breaker Lockout Devices, https://www.grainger.com/category/safety/lockout-tagout/electrical-lockout-devices/circuit-
breaker-lockout-devices (last visited Jan. 19, 2024).
33 Will Kenton, Warranty Definition, How it Works, Types, and Example, Investopedia, Oct. 6, 2023,

https://www.investopedia.com/terms/w/warranty.asp (last visited Jan. 11, 2024).
34 45 Fla. Jur 2d Sales and Exchanges of Goods § 156.
35 S. 672.313, F.S.
36 S. 672.314, F.S.
37 S. 672.316, F.S.
38 Kenton, supra note 32.
39 Id.
40 Tom Scott, Extended Warranties vs. Manufacturer Warranties: What's the Difference? , Fortegra, July 9, 2019,

https://blog.fortegra.com/extended-warranties-vs.-manufacturer-warranties-whats-the-difference (last visited Jan. 11, 2024).
41 15 U.S.C. ss. 2301-2312 (1975).

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consumers with detailed information about warranty coverage before and after the sale of the
warranted product.42 The Act defines three types of consumers:
 The buyer of a consumer product;
 Any person to whom such product is transferred during the duration of an applicable warranty;
and
 Any other person who is entitled by the terms of such warranty or under applicable State law to
enforce the warranty’s obligations.43

HVAC System Warranties

Before July 1, 2023, if a residential property that included an HVAC system was conveyed to a new
owner, a manufacturer’s warranty in effect on that system or a component thereof would not
necessarily pass to the new owner, and if it did, the coverage period might be shortened or additional
conditions might be imposed. Whether or not a warranty would pass to the new owner, and what
consequences would attach, depended on the warranty agreement’s terms and conditions.

However, in 2023, the Florida Legislature passed CS/HB 1203, which, in pertinent part, provided that
an HVAC manufacturer’s warranty runs with the property on which the HVAC system is a fixture, not
with the original purchaser; thus, in the sale of a residential property as described above, the
manufacturer’s warranty automatically passes to the new owner. Further, the bill specified that:
 The warranty continues in effect as if the new owner were the original purchaser of the covered
system or component;
 A warrantor continues to be obligated under the terms of a manufacturer’s warranty agreement
for a warranty so transferred and may not charge a fee for such transfer; and
 Such a transfer does not extend the remaining time of the warranty’s coverage period.

Further, before July 1, 2023, it was possible for an HVAC system manufacturer to refuse to honor the
terms of an HVAC system warranty if the purchaser of the HVAC system or a component covered by
the warranty did not register the warranty with the manufacturer. However, under 2023 CS/HB 1203, a
manufacturer’s HVAC warranty is deemed registered with the manufacturer if a contractor licensed
under Part I of ch. 489, F.S.:
 Installs the new HVAC system; and
 Provides the manufacturer with the date of issuance of the certificate of occupancy for
installations relating to new construction, or the serial number of the HVAC system for
installations relating to existing construction, as applicable.

Such a contractor must document the installation through an invoice or a receipt and give the invoice or
receipt to the customer.

Effect of Proposed Changes

HVAC Contractors

CS/HB 481 amends s. 489.105, F.S., to broaden the definitions of “class A air-conditioning contractor,”
“class B air-conditioning contractor,” and “mechanical contractor” to include a contractor whose
services may, with proper use of a circuit breaker lock, extend to the execution of contracts requiring
the skill, knowledge, and experience to:
 Replace, disconnect, and reconnect power wiring on the line side of the dedicated existing
electrical disconnect switch on a single-phase electrical system; and
 Repair or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits.

42 The Act does not apply if a seller or manufacturer does not provi de a warranty on the product. Jason Gordon, Magnuson Moss

Warranty Act – Explained, The Business Professor, Sept. 26, 2021, https://thebusinessprofessor.com/en_US/consumer-law/magnuson-
moss-warranty-act (last visited Jan. 11, 2024).
43 O'Connor v. BMW of North America, LLC, 905 So. 2d 235, 236–37 (Fla. 2d DCA 2005); see also, s. 2310(d) of the Act (providing that

“a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this title,
or under a written warranty, implied warranty, or service contract, may bring suit for damages…”).
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Practically speaking, this would allow class A air-conditioning, class B air-conditioning, and mechanical
contractors to complete an HVAC system repair or replacement without having to wait for a licensed
electrical contractor to complete the line-side work or to repair or replace dedicated HVAC circuit
components.

HVAC System or System Component Warranties

The bill amends s. 559.956, F.S., to remove language:
 Indicating that an HVAC system manufacturer’s warranty is deemed registered if a licensed
contractor installs the new HVAC system and provides the manufacturer with the date of
issuance of the certificate of occupancy for installations relating to new construction or the
serial number of the HVAC system for installations relating to existing construction.
 Requiring a licensed contractor who installs a new HVAC system to document the installation
through an invoice or receipt and provide the invoice or receipt to the customer.

Instead, the bill creates s. 559.957, F.S., to specify that the full length of a manufacturer’s, distributor’s,
or retailer’s HVAC system or system component warranty is effective in Florida on the date of
installation if installed by a contractor licensed under Part I of Ch. 48, F.S. Under this new section
created by the bill, if an HVAC system or system component manufacturer, distributor, or retailer
provides a warranty or product registration card form, or an electronic, online warrant or product
registration form, the card or form must contain the following information, which information must be
displayed in a clear and conspicuous manner:
 The card or form is for the product registration.
 Failure to complete and return the card or form does not diminish any warranty rights or
decrease the warranty length.
 Any offered manufacturer’s, distributor’s, or retailer’s HVAC system or system component
warranty may not be in any way conditioned upon the product registration.

Similarly, the bill amends s. 559.956, F.S., to specify that an HVAC system manufacturer’s warranty
may not be in any way conditioned upon product registration. Under the bill, s. 559.956, F.S., applies if:
 A sale of a residential property that includes an HVAC system as a fixture occurs on or after
July 1, 2024; and
 A manufacturer’s warranty is still in effect on the HVAC system or a system component.

Practically speaking, this means that if the purchaser of an HVAC system or system component for
which a manufacturer’s, distributor’s, or retailer’s warranty is provided fails to register the product, the
warranty continues in full force and effect as though it had been registered. Further, on or after July 1,
2024, the new owner of a residential property sold with an HVAC system for which a manufacturer’s
warranty is still in place would not have to register the product with the manufacturer for the warranty to
transfer and continue in full effect.

Effective Date

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

B. SECTION DIRECTORY:
Section 1: Amends s. 489.105, F.S., relating to definitions.
Section 2: Amends s. 559.956, F.S., relating to registration and transfers of heating, ventilation, and
air-conditioning system manufacturer warranties; required contractor documentation.
Section 3: Creates s. 559.957, F.S., relating to registration of heating, ventilation, and air-conditioning
systems; prohibition against warranty conditioned upon registration.
Section 4: Provides an effective date of July 1, 2024.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive economic impact on the private sector to the extent that it:
 Preserves an HVAC system or system component warranty where the original consumer, or a
subsequent purchaser, does not register the product.
 Allows a class A air-conditioning, class B air-conditioning, or mechanical contractor to complete
the line-side procedures of an HVAC system or system component repair or replacement in a
manner that reduces costs for a consumer.

Further, the bill may have a negative economic impact on HVAC manufacturers, distributors, and
retailers to the extent that such persons must honor warranties they would not have otherwise had to
honor.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 11, 2024, the Civil Justice Subcommittee adopted two amendments and reported the bill
favorably as a committee substitute, as follows:
 The first amendment removed a provision authorizing an attorney fee award to the prevailing party
in a Building Code or Accessibility Code interpretation challenge.
 The second amendment clarified that an HVAC contractor authorized by the bill to perform
specified work on the line side of the dedicated existing electrical disconnect switch on a single-
phase electrical system, and to repair or replace specified components for dedicated HVAC
circuits, may do so only with proper use of a circuit breaker lock.

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

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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

CS/HB 481 2024

1 A bill to be entitled
2 An act relating to building construction regulations
3 and system warranties; amending s. 489.105, F.S.;
4 revising definitions; amending s. 559.956, F.S.;
5 providing a specified effective date for provisions
6 relating to HVAC manufacturer's warranty transfers;
7 prohibiting HVAC manufacturer's warranties from being
8 conditioned upon the product registration; providing
9 applicability; removing provisions relating to HVAC
10 manufacturer's warranty registration; creating s.
11 559.957, F.S.; providing the effective date for
12 certain HVAC systems and components warranties under a
13 specified circumstance; providing required information
14 for warranty and product registration cards and fo rms;
15 prohibiting HVAC systems and components warranties
16 from being conditioned upon the product registration;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (f), (g), and (i) of subsec tion (3)
22 of section 489.105, Florida Statutes, are amended to read:
23 489.105 Definitions.—As used in this part:
24 (3) "Contractor" means the person who is qualified for,
25 and is only responsible for, the project contracted for and

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26 means, except as exempted in this part, the person who, for
27 compensation, undertakes to, submits a bid to, or does himself
28 or herself or by others construct, repair, alter, remodel, add
29 to, demolish, subtract from, or improve any building or
30 structure, including related improvements to real estate, for
31 others or for resale to others; and whose job scope is
32 substantially similar to the job scope described in one of the
33 paragraphs of this subsection. For the purposes of regulation
34 under this part, the term "demolish" applies only to demolition
35 of steel tanks more than 50 feet in height; towers more than 50
36 feet in height; other structures more than 50 feet in height;
37 and all buildings or residences. Contractors are subdivided into
38 two divisions, Division I, consisting of those contractors
39 defined in paragraphs (a)-(c), and Division II, consisting of
40 those contractors defined in paragraphs (d)-(q):
41 (f) "Class A air-conditioning contractor" means a
42 contractor whose services are unlimited in the execution of
43 contracts requiring the experience, knowledge, and skill to
44 install, maintain, repair, fabricate, alter, extend, or design,
45 if not prohibited by law, central air-conditioning,
46 refrigeration, heating, and ventilating systems, including duct
47 work in connection with a complete system if such duct work is
48 performed by the contractor as necessary to complete an air-
49 distribution system, boiler and unfired pressure vessel systems,
50 and all appurtenances, apparatus, or equipment used in

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51 connection therewith, and any duct cleaning and equipment
52 sanitizing that requires at least a partial disassembling of the
53 system; to install, maintain, repair, fabricate, alter, extend,
54 or design, if not prohibited by law, piping, insulation of
55 pipes, vessels and ducts, pressure and process piping, and
56 pneumatic control piping; to replace, disconnect, or reconnect
57 power wiring on the line or load side of the dedicated existing
58 electrical disconnect switch on single phase electrical systems;
59 to repair or replace power wiring, disconnects, breakers, or
60 fuses for dedicated HVAC circuits with proper use of a circuit
61 breaker lock; to install, disconnect, and reconnect low voltage
62 heating, ventilating, and air-conditioning control wiring; and
63 to install a condensate drain from an air-conditioning unit to
64 an existing safe waste or other approved disposal other than a
65 direct connection to a sanitary system. The scope of work for
66 such contractor also includes any excavation work incidental
67 thereto, but does not include any work such as liquefied
68 petroleum or natural gas fuel lines within buildings, except for
69 disconnecting or reconnecting changeouts of liquefied petroleum
70 or natural gas appliances within buildings; potable water lines
71 or connections thereto; sanitary sewer lines; swimming pool
72 piping and filters; or electrical power wiring. A Class A air-
73 conditioning contractor may test and evaluate central air-
74 conditioning, refrigeration, heating, and ventilating systems,
75 including duct work; however, a mandatory licensing requirement

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76 is not established for the performance of these specific
77 services.
78 (g) "Class B air-conditioning contractor" means a
79 contractor whose services are limited to 25 tons of cooling and
80 500,000 Btu of heating in any one system in the execution of
81 contracts requiring the experience, knowledge, and skill to
82 install, maintain, repair, fabricate, alter, extend, or design,
83 if not prohibited by law, central air-conditioning,
84 refrigeration, heating, and ventilating systems, including duct
85 work in connection with a complete system only to the extent
86 such duct work is performed by the contractor as necessary to
87 complete an air-distribution system being installed under this
88 classification, and any duct cleaning and equipment sanitizing
89 that requires at least a partial disassembling of the system; to
90 install, maintain, repair, fabricate, alter, extend, or design,
91 if not prohibited by law, piping and insulation of pipes,
92 vessels, and ducts; to replace, disconnect, or reconnect power
93 wiring on the line or load side of the dedicated existing
94 electrical disconnect switch on single phase electrical systems;
95 to repair or replace power wiring, disconnects, breakers, or
96 fuses for dedicated HVAC circuits with proper use of a circuit
97 breaker lock; to install, disconnect, and reconnect low voltage
98 heating, ventilating, and air-conditioning control wiring; and
99 to install a condensate drain from an air-conditioning unit to
100 an existing safe waste or other approved disposal other than a

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101 direct connection to a sanitary system. The scope of work for
102 such contractor also includes any excavation work incidental
103 thereto, but does not include any work such as liquefied
104 petroleum or natural gas fuel lines within buildings, except for
105 disconnecting or reconnecting changeouts of liquefied petroleum
106 or natural gas appliances within buildings; potable water lines
107 or connections thereto; sanitary sewer lines; swimming pool
108 piping and filters; or electrical power wiring. A Class B air -
109 conditioning contractor may test and evaluate central air-
110 conditioning, refrigeration, heating, and ventilati ng systems,
111 including duct work; however, a mandatory licensing requirement
112 is not established for the performance of these specific
113 services.
114 (i) "Mechanical contractor" means a contractor whose
115 services are unlimited in the execution of contracts requi ring
116 the experience, knowledge, and skill to install, maintain,
117 repair, fabricate, alter, extend, or design, if not prohibited
118 by law, central air-conditioning, refrigeration, heating, and
119 ventilating systems, including duct work in connection with a
120 complete system if such duct work is performed by the contractor
121 as necessary to complete an air-distribution system, boiler and
122 unfired pressure vessel systems, lift station equipment and
123 piping, and all appurtenances, apparatus, or equipment used in
124 connection therewith, and any duct cleaning and equipment
125 sanitizing that requires at least a partial disassembling of the

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126 system; to install, maintain, repair, fabricate, alter, extend,
127 or design, if not prohibited by law, piping, insulation of
128 pipes, vessels and ducts, pressure and process piping, pneumatic
129 control piping, gasoline tanks and pump installations and piping
130 for same, standpipes, air piping, vacuum line piping, oxygen
131 lines, nitrous oxide piping, ink and chemical lines, fuel
132 transmission lines, liquefied petroleum gas lines within
133 buildings, and natural gas fuel lines within buildings; to
134 replace, disconnect, or reconnect power wiring on the line or
135 load side of the dedicated existing electrical disconnect switch
136 on single phase electrical systems; to repair or replace power
137 wiring, disconnects, breakers, or fuses for dedicated HVAC
138 circuits with proper use of a circuit breaker lock; to install,
139 disconnect, and reconnect low voltage heating, ventilating, and
140 air-conditioning control wiring; and to install a condensate
141 drain from an air-conditioning unit to an existing safe waste or
142 other approved disposal other than a direct connection to a
143 sanitary system. The scope of work for such contractor also
144 includes any excavation work incidental thereto, but do es not
145 include any work such as potable water lines or connections
146 thereto, sanitary sewer lines, swimming pool piping and filters,
147 or electrical power wiring. A mechanical contractor may test and
148 evaluate central air-conditioning, refrigeration, heating, and
149 ventilating systems, including duct work; however, a mandatory
150 licensing requirement is not established for the performance of

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151 these specific services.
152 Section 2. Section 559.956, Florida Statutes, is amended
153 to read:
154 559.956 Registrations and Transfers of heating,
155 ventilation, and air-conditioning system manufacturer
156 warranties; required contractor documentation.—
157 (1) If a residential real property that includes a
158 heating, ventilation, and air-conditioning (HVAC) system as a
159 fixture to the property is conveyed to a new owner on or after
160 July 1, 2024, a manufacturer's warranty in effect on that system
161 or a component of that system:
162 (a) Is automatically transferred to the new owner; and
163 (b) Continues in effect as if the new owner was the
164 original purchaser of such system or component, as applicable.
165 (2) A warrantor continues to be obligated under the terms
166 of a manufacturer's warranty agreement for a warranty
167 transferred under this section and may not charge a fee for the
168 transfer of the warranty.
169 (3) The transfer of a manufacturer's warranty under this
170 section does not extend the remaining term of the warranty.
171 (4) A manufacturer's warranty of a HVAC system or a
172 component of the system may not be in any way conditioned upon
173 the product registration.
174 (5) This section applies if:
175 (a) A sale of a residential property that includes an HVAC

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176 system as a fixture to the property occurs on or after July 1,
177 2024.
178 (b) A manufacturer's warranty is still in effect on the
179 HVAC system or a component of the system.
180 (4) A manufacturer's warranty for an HVAC system is deemed
181 registered with the manufacturer if a contractor licensed under
182 part I of chapter 489:
183 (a) Installs the new HVAC system; and
184 (b) Provides the manufacturer of the HVAC system with the
185 date of the issuance of the certificate of occupancy for
186 installations relating to new construction, or the serial number
187 of the HVAC system for installations relating to existing
188 construction, as applicable.
189 (5) A contractor licensed under part I of chapter 489 who
190 installs a new HVAC system must document the installation
191 through an invoice or a receipt and provide the invoice or
192 receipt to the customer.
193 Section 3. Section 559.957, Florida Statutes, is created
194 to read:
195 559.957 Registration of heating, ventilation, and air-
196 conditioning systems; prohibition against warranty conditioned
197 upon registration.—
198 (1) The full length of a manufacturer's, distributor's, or
199 retailer's warranty of a heating, ventilation, and air-
200 conditioning (HVAC) system or any component of the system is

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201 effective in this state on the date of installation if installed
202 by a contractor licensed under part I of chapter 489.
203 (2) If a manufacturer, distributor, or retailer of a HVAC
204 system or any component of the system provides a warranty or
205 product registration card or form, or an electronic, online
206 warranty or product registration form, the card or form must
207 contain the following information, displayed in a clear and
208 conspicuous manner:
209 (a) The card or form is for the product registration.
210 (b) Failure to complete and return the card or form does
211 not diminish any warranty rights or decrease the warranty
212 length.
213 (3) Any offered manufacturer's, distributor's, or
214 retailer's warranty of a HVAC system or a component of the
215 system may not be in any way conditioned upon the product
216 registration.
217 Section 4. This act shall take effect July 1, 2024.

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CS/HB 551
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 551 Designation of Eligible Telecommunications Carriers
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, Barnaby
TIED BILLS: IDEN./SIM. BILLS: CS/SB 478

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity 14 Y, 0 N, As CS Bauldree Keating
Subcommittee

2) Commerce Committee Bauldree Hamon

SUMMARY ANALYSIS
The federal Lifeline program (Lifeline) provides telecommunications service discounts for qualifying low-income
consumers. Consumers may qualify to participate in Lifeline either through program-based or income-based
eligibility standards. Qualifying households can receive a discount on their monthly phone or broadband
Internet bills from providers which have been designated as eligible telecommunications carriers (ETCs).

Pursuant to federal law, state commissions are granted authority to designate a company as an ETC. In
Florida, the Public Service Commission (PSC) oversees Lifeline. Florida law does not authorize the PSC to
designate wireless carriers as ETCs. If a company is not subject to the jurisdiction of the state commission, the
company must petition the Federal Communications Commission (FCC) for ETC designation.

The bill authorizes the PSC to designate wireless providers as ETCs for the limited purpose of providing
Lifeline service.

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

The bill provides that it will take effect upon becoming law.

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

In 1985 the Lifeline program (Lifeline) was created by federal law, providing telecommunications
service discounts for qualifying low-income consumers. Lifeline’s initial goal was to ensure that all
Americans had the opportunity and security that basic phone service provides. Over time, that goal has
evolved to include broadband service. Qualifying households can receive up to a $9.25 discount on
their monthly phone or broadband Internet bills from wireline service providers that have been
designated as eligible telecommunications carriers (ETCs). Alternatively, consumers may choose to
receive monthly wireless minutes and/or measured data service from designated wireless providers. 1

Consumers may qualify to participate in Lifeline either through program-based or income-based
eligibility standards. Program-based eligibility is determined by a customer’s enrollment in specific
qualifying programs. Customers can qualify for Lifeline by being enrolled in any of the following
programs:
 Supplemental Nutrition Assistance Program (SNAP)
 Medicaid
 Federal Public Housing Assistance
 Supplemental Security Income
 Veterans or Survivors Pension Program
 Bureau of Indian Affairs Programs, including Tribal Temporary Assistance to Needy Families,
Head Start Subsidy, and National School Lunch Program.2

Consumers whose total household income is less than 135 percent of the Federal Poverty Guidelines
may participate in Lifeline under the income-based standard. The Federal Poverty Guidelines are
annually updated by the United States Department of Health and Human Services.3

Florida Lifeline ETC Designation

Pursuant to federal law, state commissions 4 are granted authority to designate a company as an ETC. 5
In Florida, the Public Service Commission (PSC) oversees Lifeline. As permitted by federal law, the
PSC designates telecommunications companies 6 as ETCs pursuant to standards outlined in federal
law.7, 8 Telecommunications providers must be designated as an ETC in order to participate in the
Lifeline program.9 Florida law requires that an ETC must provide Lifeline service to qualified residential
subscribers as defined in the ETC's published schedules. 10

Designation of Wireless Carriers

Florida law does not authorize the PSC to designate commercial mobile radio service providers
(wireless carriers) as ETCs. If a wireless carrier is not subject to the jurisdiction of the state
commission, the company must petition the Federal Communications Commission (FCC) for ETC

1 Public Service Commission (PSC), 2022 Florida Lifeline Assistance Report, December 2022, p. 3.,
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/Telecommunication/LifelineReport/2022.pdf.
2 Id.
3 Id. at 4.
4 The term state commission means the commission, board or official (by whatever name designated) that, under the laws

of any state, has regulatory jurisdiction with respect to intrastate operations of carriers. 47 C.F.R. § 54.5 (1997).
5 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).
6 A telecommunications company does not include commercial mobile radio service providers. S. 364.02(13), F.S.
7 S. 364.10(1)(a), F.S.
8 See 47 C.F.R. § 54.5 (1997).
9 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).
10 S. 364.10(1)(a), F.S.
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designation.11 The PSC indicates that, since 2011, there have been 37 ETC applications by wireless
carriers to the FCC for which no action has been taken. 12

Effect of the Bill

The bill authorizes the PSC to designate wireless carriers as ETCs for the limited purpose of providing
Lifeline service. The bill does not grant the PSC jurisdiction over wireless carriers for any other
purpose.

B. SECTION DIRECTORY:
Section 1: Amends s. 364.10, F.S., relating to Lifeline service.

Section 2: Provides that the bill is effective upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.13

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
According to the PSC, allowing wireless providers to petition the PSC for ETC designation may result in
a more expedited application process, which may lead to more companies offering service with a
Lifeline discount.14 The bill does not alter the pool of eligible consumers.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:

11 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).
12 Id.
13 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 2 (Nov. 28, 2023).
14 Id. at 2.
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None.

B. RULE-MAKING AUTHORITY:
The bill does not authorize or require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 12, 2023, the Energy, Communications & Cybersecurity Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The amendment c larified the Public
Service Commission’s regulatory jurisdiction with respect to wireless carriers.

This analysis is drafted to the committee substitute as passed by the Energy, Communications &
Cybersecurity Subcommittee.

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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

CS/HB 551 2024

1 A bill to be entitled
2 An act relating to designation of eligible
3 telecommunications carriers; amending s. 364.10, F.S.;
4 revising the definition of the term "eligible
5 telecommunications carrier"; authorizing the Public
6 Service Commission to designate certain entities as
7 eligible telecommunications carriers for a specified
8 purpose; providing legislative intent; providing
9 construction; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Present paragraph (i) of subsection (2) of
14 section 364.10, Florida Statutes, is redesignated as subsection
15 (4) of that section, subsection (3) is added to that section,
16 and paragraph (a) of subsection (1) of that section is amended,
17 to read:
18 364.10 Lifeline service.—
19 (1)(a) An eligible telecommunications carrier shall
20 provide a Lifeline Assistance Plan to qualified residential
21 subscribers, as defined in the eligible telecommunications
22 carrier's published schedules. For the purposes of this section,
23 the term "eligible telecommunications carrier" means an entity a
24 telecommunications company, as defined by s. 364.02, which is
25 designated as an eligible telecommunications carrier by the

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26 commission pursuant to 47 C.F.R. s. 54.201 and this section.
27 (3)(a) The commission has the power and authority to
28 designate an entity, upon petition and in accordance with 47
29 C.F.R. s. 54.201, as an eligible telecommunications carrier,
30 provided that such entity is:
31 1. A telecommunications company; or
32 2. A commercial mobile radio service provider.
33 (b) This legislative authority is intended to be
34 sufficient to enable the commission, for the limited purpose of
35 providing Lifeline service under this section, to approve any of
36 the types of entities specified in paragraph (a) as an eligible
37 telecommunications carrier. The commission may exercise such
38 authority in addition to the commission jurisdiction otherwise
39 specified in this chapter.
40 (c) This subsection does not confer upon the commission
41 any regulatory jurisdiction over commercial mobile radio service
42 providers that were previously designated as eligible
43 telecommunications carriers before the enactment of this
44 subsection.
45 Section 2. This act shall take effect upon becoming a law.

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Commerce Committee
CS/HB 551 by Rep. Barnaby
Designation of Eligible Telecommunication Carriers

AMENDMENT SUMMARY
January 23, 2024

Amendment 1 by Barnaby (lines 37-44 with title amendment):

• Removes language related to the Public Service Commission’s regulatory
jurisdiction beyond matters not addressed in the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 551 (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: Commerce Committee
2 Representative Barnaby offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 37-44 and insert:
6 telecommunications carrier.
7
8 -----------------------------------------------------
9 T I T L E A M E N D M E N T
10 Remove lines 8-9 and insert:
11 purpose; providing legislative intent; providing an effective
12 date.

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Published On: 1/22/2024 11:59:25 AM
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CS/HB 623
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 623 Home Warranty Transfers
SPONSOR(S): Insurance & Banking Subcommittee, Steele
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Insurance & Banking Subcommittee 18 Y, 0 N, As CS Herrera Lloyd

2) Commerce Committee Herrera Hamon

SUMMARY ANALYSIS
A warranty agreement is a contract that may be given by a builder or purchased by a builder from a home
warranty association. In Florida, home warranty associations are regulated by the Office of Insurance
Regulations (OIR) and must maintain certain minimum financial standards to do business. The home warranty
agreement often covers home systems and common appliances, whereas a builder warranty covers structural
components of a home. A home warranty agreement is tied to the owner selling the home and does not
transfer to the person buying the home unless the home seller transfers it to the new owner.

The bill makes warranties covering structural components of a home automatically transfer with the property
when it is sold, rather than transferring it only if a separate assignment is made within 15 days of the sale of
the residence.

The bill also:
 Defines structural components to include things such as the roof, plumbing system, electrical system,
foundation, basement, exterior/interior walls, ceilings, floors, stucco, or spray foam.
 Applies the automatic transfer requirement to all express written warranties issued by the home
builder or purchased by the builder from a home warranty association.
 Provides that the transfer of a warranty does not modify or extend the warranty’s commencement date
or its duration, nor is the scope of coverage expanded due to the transfer.
 Specifies that the builder is not transacting insurance when providing a compliant warranty to a home
buyer.
 Prohibits the provision of indemnification against consequential damages resulting from the failure of
any structural component except through insurance.

Also, the bill establishes that it is an unfair method of competition and an unfair or deceptive acts or practice for
a home warranty association, builder, or insurer to fail to continue to perform obligations under a transferred
home warranty agreement.

This bill provides an effective date as 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

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

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

Home Warranties

A home warranty is a contract or agreement between the homeowner and the issuing company,
safeguarding the homeowner from expenses related to the repair or replacement of structural
components or appliances in the home.6 This protection extends to issues caused by normal wear and
tear or defects in these components or appliances. 7

Home warranty contracts or agreements can be drafted by a Home Warranty Association licensed
under s. 634.303, F.S., or by an authorized insurance company permitted to offer coverage in this
category.8

Builder Warranties

A builder warranty, like a home warranty, is a contractual agreement between the builder and the
homeowner, shielding the homeowner from expenses related to the repair or replacement of structural
components in the home.9

Despite these similarities, there are distinctions in their coverage.10 While a home warranty typically
covers household appliances and systems, such as refrigerators and heating/cooling systems, and is
commonly associated with residential real estate transactions, a builder warranty—also referred to as a
structural warranty—is specifically provided by a builder to a homebuyer. 11 The purpose of the builder
warranty is to safeguard the homebuyer against significant structural defects in workmanship and
materials used during the construction of the new home by the builder.12

Magnuson-Moss Warranty Act

1 S. 681.102(22), F.S.
2
45 Fla. Jur 2d Sales and Exchanges of Goods § 156.
3 “An express warranty is created by an affirmation of fact or promise made by the seller to the buyer that relates to the good s, by any

description of the goods that is made part of the basis of the bargain, or by any sample or model that is made part of t he basis of the
bargain.” S. 672.313, F.S.
4
S. 672.314, F.S.
5
S. 672.316, F.S.
6 S. 634.301(2), F.S.
7 Id.
8 S. 634.303, F.S.

9 S. 634.301(2), F.S.
10 Quality Builders Warranty, What is a Structural Warranty?, https://qbwc.com/blog-news/what-is-a-structural-warranty/ (last visited

Dec. 18, 2023).
11 Id.
12 Id.
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The Magnuson-Moss Warranty Act (MMWA)13 is a federal law that governs consumer product
warranties. Passed in 1975, the Act requires manufacturers and sellers of consumer products to
provide consumers with detailed information about warranty coverage before and after the sale of the
warranted product.14

The MMWA defines three kinds of consumers:
 a buyer of any consumer product;
 any person to whom such product is transferred during the duration of an implied or express
warranty applicable to the product; and
 any other person who is entitled by the terms of such warranty or under applicable State law to
enforce the obligations of the warranty.15

Home and Builder Warranties – Current Situation

The elective market in Florida allows a builder, seller, buyer, or owner of a home to choose whether
they would like to purchase a home warranty to cover against the cost of repair or replacement, or
furnishes repair or replacement, of any structural component or appliance of a home, caused by wear
and tear or a defect of a structural component or appliance. 16

Warranty associations and companies in Florida, including those associations selling home and service
warranties, and those companies selling motor vehicle service agreements, are regulated by the Office
of Insurance Regulation (OIR).17 OIR regulates the insurance industry in Florida. OIR is responsible for
the regulation of all activities in the state concerning insurers and other risk bearing entities, including
licensing, rates, policy forms, market conduct, claims, issuance of certificates of authority, solvency,
viatical settlements, premium financing, and administrative supervision. 18

While warranties are not considered traditional insurance products, OIR regulates warranty
associations and companies similarly to the way in which it regulates insurers. 19 Home and service
warranty associations must be licensed by OIR 20 and must maintain certain minimum financial
standards in order to do warranty business in Florida.21

The following chart reflects the number of licensed warranty associations in Florida as of December 6,
2023:22

Type of Association/Company Number of Licensees
Home Warranty Association 46
Service Warranty Association 101
Motor Vehicle Warranty Company 119
Total 266

13 15 U.S.C. §§ 2301-2312 (1975).
14
MMWA does not apply if a seller or manufacturer does not provide a warranty on their product. Jason Gordon, Magnuson Moss
Warranty Act – Explained, The Business Professor, Sept. 26, 2021, https://thebusinessprofessor.com/en_US/consumer-law/magnuson-
moss-warranty-act (last visited Dec 4, 2023).
15 O'Connor v. BMW of N. Am., LLC, 905 So. 2d 235, 236–37 (Fla. 2d DCA 2005); see also, § 2310(d) of MMWA provides that, “a

consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under th is title, or
under a written warranty, implied warranty, or service contract, may bring suit for damages…”
16 S. 634.301(2), F.S.
17 See ch. 634, F.S.
18 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/ab out-us/organization-and-

operation#:~:text=The%20Florida%20Office%20of%20Insurance,settlements%2C%20premium%20financing%2C%20and%20administ
rative (last visited Dec. 7, 2023). See also s. 624.308, F.S., and R. 69O, et seq., F.A.C.]
19 See ch. 634, F.S.
20 Ss. 634.303 and 634.403, F.S. Neither the Florida Insurance Code nor this section grants permission for any home warranty

association to conduct insurance business beyond what is specifically defined as home warranty or to participate in any other form of
insurance. Any engagement in alternative insurance types requires explicit authorization through a certificate of authority i ssued by the
office under the provisions of the Florida Insurance Code. S. 634.325, F.S.
21 Ss. 634.3077 and 634.406, F.S.
22 Data retrieved from OIR Active Company Search application, https://floir.com/CompanySearch/index.aspx (last visited Dec. 6, 2023).

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Home warranty providers must ensure that every home warranty is sent or delivered to the warranty
holder within 45 days after the commencement of coverage, subject to the insurer's or home warranty
association's premium payment requirements.23 Furthermore, all home warranty contracts are
transferable.24 The contract should explicitly inform the purchaser of their right to assign it within 15
days of selling or transferring the home. The home warranty company may charge an assignment fee
not exceeding $40.25 The home warranty may be assigned, as well from a home builder, who initially
purchased the warranty, to subsequent home purchasers. 26

Currently, several companies offer warranties covering structural components of a home in Florida;
however, Florida law does not regulate these warranties. Below are companies that provide builder
warranties:27

Manufacturer Coverage Offered

America’s  1-year coverage on workmanship
Preferred  1 or 2-year coverage on home systems
Structural  10-year coverage on structural defects
Warranty

 1-year coverage for workmanship
2-10 HBW  2-year coverage for distribution systems
 10-year coverage for qualifying structural
defects on newly built homes

 1-year coverage for workmanship
Residential  7-year coverage for qualifying structural
Warranty defects
Company  10-year coverage for qualifying structural
defects

Effect of the Bill

The bill makes warranties covering structural components of a home automatically transfer with the
property when it is sold, rather than transferring it only if a separate assignment is made within 15 days
of the sale of the residence.

23 S. 634.312(2), F.S.
24 S. 634.312(1), F.S.
25 Id.
26 Id. Certain exemptions in the home warranty association statute cover cases where builders or appliance sellers offer standard

guarantees without extra charges, exclude service contracts with non -profits handling repairs, and accept contracts aligning with
Florida's Insurance Code for systems and appliances, excluding structural components. Individuals affiliated with a domestic insurer are
exempt if they avoid offering home warranties to Florida residents, but compliance requires the insurer to directly issue war ranties or
provide a specific policy. Non-compliance, as determined by the Office of Insurance Regulation, subjects the person to home warranty
association regulations. Additionally, the regulations do not apply to programs offering warranties on new homes if supporte d by an
insurance policy from a licensed Florida insurer, contingent on approval by the Office. S. 634.301(2), F.S.
27 America’s Preferred Structural Warranty, Coverage, https://www.apsw.com/. 2-10 HBW, Structural Warranties, https://www.2-
10.com/builders-warranty/structural-warranties/. Residential Warranty Company, Structural Warranties vs Extended Warranties –
What’s the Difference?, https://www.rwcwarranty.com/homeowners-2/structural-warranties-vs-extended-warranties/.
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 Specifies that the builder is not transacting insurance when providing a compliant warranty to a
home buyer.
 Prohibits the provision of indemnification against consequential damages resulting from the
failure of any structural component except through insurance.

Finally, the bill establishes that it is an unfair method of competition and an unfair or deceptive acts or
practice for a home warranty association, builder, or insurer to fail to continue to perform obligations
under a transferred home warranty agreement.

This bill provides an effective date as of July 1, 2024.

B. SECTION DIRECTORY:
Section 1: Amends s. 634.312, F.S., relating to forms; required provisions and procedures.

Section 2: Amends s. 634.331, F.S., relating to coverage of property for sale.

Section 3: Creates Part IV of Ch. 634, F.S., relating to miscellaneous provisions.

Section 4: Renames Ch. 634 from “Warranty Associations” to “Warranties and Warranty Associations.”

Section 5: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There may be a positive economic impact for property owners and subsequent owners as they can
benefit from the remaining home warranty coverage for their residential real property without needing
additional paperwork due to the currently required separate assignment agreement. The home
purchaser could bear lower out of pocket costs if there is covered damage or wear and tear.

Home warranty associations and insurers may experience nominal increased costs due to the bill’s
prohibition on assignment fees.

D. FISCAL COMMENTS:
None.

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III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None provided by the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Section 3 of the bill was amended to fix a technical redundancy in the statute, which restates a
definition of a term already defined in s. 634.301(8), F.S., i.e., the term “listing period” already includes
the date the sale is closed.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 13, 2023, the Insurance & Banking Subcommittee considered the bill, adopted a strike-all
amendment, and reported the bill favorably as a committee substitute. The amendment made the following
changes to the bill:
 Clarified that, if a home warranty covers structural components, it must automatically transfer to the
new homeowner upon the sale of the home.
o Structural components include things such as the roof, plumbing system, electrical system,
foundation, basement, exterior/interior walls, ceilings, floors, stucco, or spray foam.
 Applied the automatic transfer requirement to express written warranties issued by the home builder
or purchased by the builder from home warranty association.
 Provided that the transfer of a warranty does not modify or extend the warranty’s commencement
date or its duration, nor is the scope of coverage expanded due to the transfer.
 Specified that the builder is not transacting insurance when providing a compliant warranty to a
home buyer.
 Prohibited the provision of indemnification against consequential damages resulting from the failure
of any structural component except through insurance.

The analysis is drafted to the committee substitute as passed by the Insurance & Banking Subcommittee.

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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

CS/HB 623 2024

1 A bill to be entitled
2 An act relating to home warranty transfers; amending
3 s. 634.312, F.S.; limiting application of provisions
4 relating to home warranty contract assignments;
5 amending s. 634.331, F.S.; making technical changes;
6 conforming provisions to changes made by the act;
7 creating part IV of ch. 634, F.S., entitled
8 "Miscellaneous Provisions"; creating s. 634.601, F.S.,
9 providing definitions; creating s. 634.602, F.S.;
10 providing requirements for express written warranties
11 and home warranties transferred to subsequent home
12 purchaser; providing construction; creating s.
13 634.603, F.S.; defining an unfair method of
14 competition and unfair or deceptive act or practice;
15 renaming ch. 634, F.S.; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 634.312, Florida
20 Statutes, is amended to read:
21 634.312 Forms; required provisions and procedures. —
22 (1) Except as provided in s. 634.602: All
23 (a) Home warranty contracts are assignable in a consumer
24 transaction and must contain a statement informing the purchaser
25 of the home warranty of her or his right to assign it, at least

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CS/HB 623 2024

26 within 15 days from the date the home is sold or transferred, to
27 a subsequent retail purchaser of the home covered by the home
28 warranty and all conditions on such right of transfer.
29 (b) The home warranty company may charge an assignment fee
30 not to exceed $40.
31 (c) Home warranty assignments include, but are not limited
32 to, the assignment from a home builder who purchased the home
33 warranty to a subsequent home purchaser.
34 Section 2. Section 634.331, Florida Statutes, is amended
35 to read:
36 634.331 Coverage of property for sale.—A home warranty may
37 provide coverage of residential property during the listing
38 period of such property for a period not to exceed 12 months,
39 provided that the home warranty company charges the warranty
40 purchaser a separately identifiable charge for the listing
41 period coverage in an amount equal to at least 15 percent of the
42 annual premium charged for the home warranty and the charge for
43 such coverage is due at the earlier of the end of the listing
44 period or the date the sale of the residential property is
45 closed. The requirements in s. 634.602 apply to a home warranty
46 that is transferred to the home purchaser.
47 Section 3. Part IV of chapter 634, Florida Statutes,
48 consisting of sections 634.601, 634.602, and 634.603, Florida
49 Statutes, is created to read:
50

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CS/HB 623 2024

51 PART IV
52 Miscellaneous Provisions
53
54 634.601 Definitions.—As used in this part, the term:
55 (1) "Builder" means the primary contractor of a home who
56 possesses the requisite skill, knowledge, and experience, and
57 has the responsibility, to supervise, direct, manage, and
58 control the contracting activities of the business organization
59 with which she or he is connected and who has the responsibility
60 to supervise, direct, manage, and control the construction work
61 on a job for which she or he has obtained the build ing permit.
62 Construction work includes, but is not limited to, construction
63 of structural components.
64 (2) "Home warranty" or "warranty" has the same meaning as
65 in s. 634.301.
66 (3) "Home warranty association" has the same meaning as in
67 s. 634.301.
68 (4) "Indemnify" means to undertake repair or replacement
69 of a home's structural component, or pay compensation for such
70 repair or replacement by cash, check, or other similar means,
71 including, but not limited to, electronic means.
72 (5) "Structural component" means one or more essential
73 elements of a home, including, but not limited to, the roof,
74 plumbing system, electrical system, foundation, basement,
75 exterior or interior walls, ceilings, floors, or spray foam. As

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CS/HB 623 2024

76 used in this subsection, the term "exterior walls" includes, but
77 is not limited to, any siding, stucco, or paint on the exterior
78 walls.
79 634.602 Structural component indemnification or coverage. —
80 (1) If a builder is obligated on and provides a home
81 purchaser an express written warranty that indemnifies a home
82 purchaser against the cost of repairing the structural
83 components of a home, the express written warranty and all
84 indemnification rights thereunder automatically transfer to any
85 subsequent purchaser of the home for the duration of the express
86 written warranty.
87 (2) If a builder purchases a home warranty from a licensed
88 home warranty association covering the structural components of
89 a home, the home warranty and all indemnification rights
90 thereunder automatically transfer to any subsequent purc haser
91 for the duration of the home warranty.
92 (3) This section does not modify or extend the
93 commencement date or the duration, or expand the scope of
94 coverage, of the express written warranty or home warranty, as
95 applicable, beyond the express written warranty's or home
96 warranty's terms.
97 (4) This section does not:
98 (a) Require a builder that is obligated on and provides a
99 home purchaser an express written warranty to obtain a license
100 under the Florida Insurance Code, and such practice does not

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101 constitute the transaction of insurance subject to the
102 requirements of the code, unless otherwise required by law.
103 (b) Permit the provision of indemnification against
104 consequential damages arising from the failure of any structural
105 component, which practice constitutes the transaction of
106 insurance subject to the requirements of the Florida Insurance
107 Code.
108 634.603 Unfair method of competition and unfair or
109 deceptive act or practice defined.—It is an unfair method of
110 competition and unfair or deceptive act or practice to fail to
111 continue to perform obligations under the terms of an express
112 written warranty or a home warranty transferred to a subsequent
113 home purchaser as required in s. 634.602.
114 Section 4. Chapter 634, Florida Statutes, entitled
115 "Warranty Associations," is renamed "Warranties and Warranty
116 Associations."
117 Section 5. This act shall take effect July 1, 2024.

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COMMERCE COMMITTEE

CS/HB 623 by Rep. Steele
Home Warranty Transfers

AMENDMENT SUMMARY
January 23, 2024

Amendment 1 by Rep. Steele (Line 112): The amendment clarifies the application of the
unfair competition and trade practices portion of the bill to avoid a possible conflict with existing
law applicable to home warranty associations.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 623 (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: Commerce Committee
2 Representative Steele offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 112-113 and insert:
6 written warranty transferred to a subsequent home purchaser as
7 required in s. 634.602. This section applies to a method, act,
8 or practice of a home builder, and its successors or assignees,
9 regarding an express written warranty issued by the home
10 builder. Sections 634.335 and 634.336 and any otherwise
11 applicable law apply to a method, act, or practice of a home
12 warranty association, including, but not limited to, its
13 successors or assignees, regarding an home warranty issued by a
14 home warranty association.
15
16 -----------------------------------------------------
857881 - h0623-line 112.docx
Published On: 1/22/2024 7:10:01 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 623 (2024)
Amendment No. 1

17 T I T L E A M E N D M E N T
18 Remove line 14 and insert:
19 competition and unfair or deceptive act or practice; providing
20 for application;

857881 - h0623-line 112.docx
Published On: 1/22/2024 7:10:01 PM
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HB 825
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 825 Underground Facilities
SPONSOR(S): Koster
TIED BILLS: IDEN./SIM. BILLS: SB 708

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity 14 Y, 0 N Phelps Keating
Subcommittee

2) Commerce Committee Phelps Hamon

SUMMARY ANALYSIS
Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act). The stated purpose
of the Act is to identify and locate underground facilities prior to an excavation or demolition to prevent injury to
persons or property or interruption of services resulting from damage to those facilities. To accomplish this, the
Act creates a not-for-profit corporation, Sunshine State One-Call of Florida, Inc. (SSOCOF), to administer a
free-access notification system.

This bill amends the “Underground Facility Damage Prevention and Safety Act” by:
 Extending the time for excavators to notify SSOCOF before excavating to three full business days;
 Extending the time for potentially affected member operators to mark the location of their underground
facilities in relation to the proposed excavation or demolition to three full business days; and
 Implementing an enhanced civil penalty for an excavator’s failure to notify a high-priority subsurface
installation (HPSI) operator of the start time and date of a planned excavation if the HPSI operator
provides timely notice of the existence of a HPSI.

The bill may have an insignificant, positive fiscal impact on state and local government revenues. The bill does
not appear to impact state or local government expenditures.

The bill provides an effective date of October 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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DATE: 1/19/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Underground Facility Damage Prevention and Safety Act

Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act). The goal of
the Act is to identify and locate underground facilities 1 prior to an excavation or demolition to prevent
injury to persons or property or interruption of services resulting from damage to those facilities. 2 To
accomplish this, the Act creates a not-for-profit corporation to administer a free-access notification
system whereby a person intending to conduct excavation or demolition activities can give prior notice
to the system of the person’s intended activities, allowing operators of underground facilities the
opportunity to identify and locate their nearby facilities.3 All operators of underground facilities in the
state are required to be members of the corporation (“member operators”) and are required to use and
participate in the system.4

The not-for-profit corporation created under the Act is Sunshine State One-Call of Florida, Inc.
(SSOCOF), which exercises its powers through a board of directors. 5 SSOCOF is required to provide a
single toll-free telephone number within Florida which excavators can use to notify member operators
of planned excavation or demolition activities through the system.6 The person intending to conduct
excavation or demolition must notify the system not less than two full business days before beginning
the operations, and not less than 10 full business days before beginning any excavation or demolition
that is beneath state waters.7 The person must also provide specified identification, location, and
operational information which remain valid for 30 calendar days. 8 Upon receipt of this notice, the
system provides to the person a list of names of the member operators who will be advised of the
notification.9

The system operator in turn notifies the potentially affected member operators of the planned
excavation or demolition activities.10 Within two full business days after the time the notification is
received by the system (or 10 days if the proposed excavation is in proximity to facilities beneath state
waters), potentially affected member operators must determine the location of their underground
facilities in relation to the proposed excavation or demolition. 11 If this cannot be done in this time period,
the member operator must contact the person giving notice and negotiate a new schedule and time that

1 S. 556.102(16), F.S., defines “underground facility” as “any public or private personal property which is buried, placed
below ground, or submerged on any member operator’s right-of-way, easement, or permitted use which is being used
or will be used in connection with the storage or conveyance of water; sewage; electronic, telephonic, or telegraphic
communication; electric energy; oil; petroleum products; natural gas; optical signals; or other substances, and
includes, but is not limited to, pipelines, pipes, sewers, conduits, cables, valves, and lines. For purposes of this act, a
liquefied petroleum gas line regulated under chapter 527 is not an underground facility unless such line is subject to
the requirements of Title 49 C.F.R. adopted by the Department of Agriculture and Consumer Services, provided there is
no encroachment on any member operator’s right-of-way, easement, or permitted use. Petroleum storage systems
subject to regulation pursuant to chapter 376 are not considered underground facilities for the purposes of this act
unless the storage system is located on a member operator’s right-of-way or easement. Storm drainage systems are not
considered underground facilities.”
2 S. 556.101(3), F.S.
3 S. 556.101(2), F.S.
4 S. 556.103(1), F.S.
5 S. 556.103, F.S.
6 S. 556.104, F.S.
7 S. 556.105(1)(a), F.S.
8 S. 556.105(1)(c), F.S.
9 S. 556.105(3), F.S.
10 S. 556.105(5), F.S.
11 S. 556.105(5) and (9), F.S.
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is agreeable and does not unreasonably delay the excavator.12 If a member operator determines that a
proposed excavation or demolition is in proximity to or conflicts with an underground facility, the
member operator must identify the horizontal route of the facility in a specified manner.13

An excavator is required to delay excavations until the first of the following events occurs: (1) each
member operator’s underground facilities have been marked and located; (2) the excavator has been
notified that no member operator has underground facilities in the area described in the notice; or (3)
expiration of the time allowed for markings.14 If a member operator has not located and marked its
underground facilities within the time allowed for marking, the excavator may proceed with the
excavation, provided the excavator does so with reasonable care and uses detection equipment or
other acceptable means to locate underground facilities.15 An excavator may not conduct demolition in
an area until all member operators’ underground facilities have been marked and located or removed.16

The Act also establishes violations of certain provisions as noncriminal infractions that are enforceable
by citations which may be issued by any local or state law enforcement officer, government code
inspector, or code enforcement officer.17 The Act establishes a civil penalty of $500, plus court costs,
for such infractions.18 Violations of certain provisions involving an underground facility transporting
hazardous materials regulated by the Pipeline and Hazardous Materials Safety Administration of the
United States Department of Transportation (PHMSA) are noncriminal infractions subject to enhanced
civil penalties of $2,500, plus court costs.19

High-priority Subsurface Installations

A high-priority subsurface installation (HPSI) is an “underground gas transmission or gas distribution
pipeline, or an underground pipeline used to transport gasoline, jet fuel, or any other refined petroleum
product or hazardous or highly volatile liquid, such as anhydrous ammonia or carbon dioxide.”20
Currently, if an excavation is proposed within 15 feet of such an installation, as identified by the
operator, the HPSI member operator shall notify the excavator of the existence of the installation and
shall mark its location in the time frame provided by s. 556.105, F.S.21 After receiving this notice, the
excavator must provide notice to the HPSI member operator of the planned excavation start date and
time.22 If the HPSI member operator does not provide timely notice, the excavator may proceed to
excavate without notifying the HPSI member operator of the excavation start date and time.23

Increased Locate/Ticket Requests

Due to increased development in Florida over the last decade, the number of locate requests to the
SSOCOF system has increased over 50% from fiscal year (FY) 2014-2015 to FY 2022-2023.24 The
growth in requests has made it difficult for SSOCOF to fulfill all of them within the two day timeframe
required by law; approximately 16% of locate requests were not fulfilled within two days over
SSOCOF’s last fiscal year.25 This allows excavators to proceed with reasonable care in conducting the
excavation without member operators marking their facilities.

12 S. 556.105(5)(a), F.S.
13 S. 556.105(5)(a) and (b), F.S.
14 S. 556.105(6), F.S.
15 Id.
16 S. 556.105(6)(b), F.S.
17 S. 556.107, F.S.
18 S. 556.107(1)(c), F.S.
19 S. 556.107(1)(c)2., F.S.
20 S. 556.102(8), F.S.
21 S. 556.116(1), F.S.
22 Id. A failure to provide the date and start of an excavation is not listed among the five violations for which an excavator

can be issued a citation under s. 556.107(1)(a)2.
23 Id.
24 Compare Sunshine 881, 2014-15 Annual Report, p. 3, available at https://www.sunshine811.com/annual-reports (1.4

million tickets), with Sunshine 881, 2022-23 Annual Report, p. 3, available at https://www.sunshine811.com/annual-reports
(2.2 million tickets).
25 Email from Chris Lyon, Attorney, Lewis, Longman & Walker, P.A. representing Sunshine 811, HB 825, (Jan. 4, 2024).
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Effect of Bill

Extension of Time

The bill extends the time for excavators to notify SSOCOF before excavating from at least two full
business days to at least three full business days.

The bill also extends the time for potentially affected member operators to determine the location of
their underground facilities in relation to a proposed excavation or demolition from two full business
days to three full business days.

Penalties for HPSI Infractions

The bill makes an excavator’s failure to notify the HPSI member operator of the start time and date of a
planned excavation (if the HPSI member operator has provided a timely notice of the existence of a
HPSI) a violation under s. 556.107(1)(a)(2), F.S. This subjects the excavator to an enhanced civil
penalty of $2,500 plus court costs for each infraction.26

The act will take effect October 1, 2024.

B. SECTION DIRECTORY:
Section 1. Amends s. 556.105, F.S., relating to procedures.

Section 2. Amends s. 556.107, relating to violations.

Section 3. Reenacts s. 556.102(8), F.S., relating to definitions.

Section 4. Reenacts s. 556.108, F.S., relating to exemptions.

Section 5. Reenacts s. 556.114(1)-(4), F.S., relating to low-impact marking practices.

Section 6. Reenacts s. 556.116(1)-(2)(a)-(d), F.S., relating to high-priority subsurface installations.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have an indeterminate, positive impact on state government revenues.

The bill adds that certain violations of s. 556.116(1), F.S., are subject to an enhanced civil penalty
of $2,500 plus court costs. If a citation is issued by the State Fire Marshal for such a violation, 80
percent of the civil penalty collected by the clerk of the court must be distributed to the State Fire
Marshal and 20 percent must be retained by the clerk in addition to any court costs. 27 The
significance of any increase in revenue as a result of this penalty depends entirely on compliance
with and enforcement of s. 556.116(1), F.S.

2. Expenditures:
None.

26 S. 556.107(1)(c)(2), F.S.
27 Id.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have an indeterminate, positive impact on local government revenues.

The bill adds that certain violations of s. 556.116(1), F.S., are subject to an enhanced civil penalty
of $2,500 plus court costs. If the citation for a noncriminal infraction is issued by a local law
enforcement officer, local government code inspector, or a code enforcement officer, 80 percent of
the penalty collected will be distributed to the local governmental entity whose employee is sued the
citation and the remaining 20 percent will be retained by the clerk of the court to cover
administrative costs. The significance of this increase, however, will depend entirely on compliance
with and enforcement of Chapter 556, F.S.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Excavators will become subject to a fine of $2,500 for failing to notify HPSI member operators of a
planned excavation start time and date. This may encourage greater compliance with this provision of
the Act.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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 825 2024

1 A bill to be entitled
2 An act relating to underground facilities; amending s.
3 556.105, F.S.; revising the timeframe within which an
4 excavator is required to provide certain information
5 through the free-access notification system
6 established by Sunshine State One-Call of Florida,
7 Inc., before beginning certain excavation or
8 demolition activities; revising the timeframes during
9 which member operators who receive such notifications
10 are required to mark the horizontal route of an
11 underground facility and provide a positive response
12 to the system; making technical changes; reordering
13 and amending s. 556.107, F.S., and reenacting
14 paragraph (3)(a) of that section; providing a
15 noncriminal infraction subject to enhanced civil
16 penalties for a specified violation; making technical
17 changes; reenacting ss. 556.102(8), 556.108, and
18 556.114(1)-(4), F.S., relating to the definition of
19 the term "high-priority subsurface installation,"
20 exemptions to certain notification requirements, and
21 low-impact marking practices, respectively, to
22 incorporate the amendment made to s. 556.105, F.S., in
23 references thereto; reenacting s. 556.116(1) and
24 (2)(a)-(d), F.S., relating to high-priority subsurface
25 installations, to incorporate the amendments made to

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26 ss. 556.105 and 556.107, F.S., in references thereto;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (a) of subsection (1), paragraph (a)
32 of subsection (5), and paragraph (a) of subsection (9) of
33 section 556.105, Florida Statutes, are amended to read:
34 556.105 Procedures.—
35 (1)(a) Not less than 3 2 full business days before
36 beginning any excavation or demolition that is not beneath the
37 waters of the state, and not less than 10 full business days
38 before beginning any excavation or demolition that is beneath
39 the waters of the state, an excavator shall provide the
40 following information through the system:
41 1. The name of the individual who provided notification
42 and the name, address, including the street address, city,
43 state, zip code, and telephone number of her or his employer.
44 2. The name and telephone number of the representative for
45 the excavator, and a valid electronic address to facilitate a
46 positive response by the system should be provided, if
47 available.
48 3. The county, the city or closest city, and the street
49 address or the closest street, road, or intersection to the
50 location where the excavation or demolition is to be performed,

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51 and the construction limits of the excavation or demolition.
52 4. The commencement date and anticipated duration of the
53 excavation or demolition.
54 5. Whether machinery will be used for the excavation or
55 demolition.
56 6. The person or entity for whom the work is to be done.
57 7. The type of work to be done.
58 8. The approximate depth of the excavation.
59 (5) All member operators within the defined area of a
60 proposed excavation or demolition shall be promptly notified
61 through the system, except that member operators with state-
62 owned underground facilities located within the right -of-way of
63 a state highway need not be notified of excavation or demolition
64 activities and are under no obligation to mark or locate the
65 facilities.
66 (a) If a member operator determines that a proposed
67 excavation or demolition is in proximity to or in conflict with
68 an underground facility of the member operator, except a
69 facility beneath the waters of the state, which is governed by
70 paragraph (b), the member operator must shall identify the
71 horizontal route by marking to within 24 inches from the outer
72 edge of either side of the underground facility by the use of
73 stakes, paint, flags, or other suitable means within 3 2 full
74 business days after the time the notification is received under
75 subsection (1). If the member operator is unable to respond

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76 within such time, the member operator must shall communicate
77 with the person making the request and negotiate a new schedule
78 and time that is agreeable to, and should not unreasonably
79 delay, the excavator.
80 (9)(a) After receiving notification from the system, a
81 member operator shall provide a positive response to the system
82 within 3 2 full business days, or 10 such days for an underwater
83 excavation or demolition, indicating the status of operations to
84 protect the facility.
85 Section 2. Paragraph (a) of subsection (1) of section
86 556.107, Florida Statutes, is reordered and amended, and
87 paragraph (a) of subsection (3) is reenacted, to read:
88 556.107 Violations.—
89 (1) NONCRIMINAL INFRACTIONS.—
90 (a)1. Violations of the following provisions are
91 noncriminal infractions:
92 a. Section 556.105(1), relating to providing required
93 information.
94 c.b. Section 556.105(5)(c), relating to excavation
95 practices in tolerance zones.
96 d.c. Section 556.105(6), relating to the avoidance of
97 excavation.
98 e.d. Section 556.105(11), relating to the need to stop
99 excavation or demolition because marks are no longer visible,
100 or, in the case of underwater facilities, are inadequately

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101 documented.
102 f.e. Section 556.105(12), relating to the need to cease
103 excavation or demolition activities because of contact or damage
104 to an underground facility.
105 b.f. Section 556.105(5)(a) and (b), relating to
106 identification of underground facilities, if a member operator
107 does not mark an underground facility, but not if a member
108 operator marks an underground facility incorrectly.
109 g. Section 556.109(2), relating to falsely notifying the
110 system of an emergency situation or condition.
111 h. Section 556.114(1), (2), (3), and (4), relating to a
112 failure to follow low-impact marking practices, as defined
113 therein.
114 2. Violations of the following provisions involving an
115 underground facility transporting hazardous materials that are
116 regulated by the Pipeline and Hazardous Materials Safety
117 Administration of the United States Department of Transportation
118 are noncriminal infractions, subject to enhanced civil penalties
119 under paragraph (c):
120 a. Section 556.105(1), relating to providing required
121 information.
122 b. Section 556.105(5)(c), relating to excavation practices
123 in tolerance zones.
124 c. Section 556.105(6), relating to the avoidance of
125 certain excavation.

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126 d. Section 556.105(11), relating to the need to stop
127 excavation or demolition because certain marks are removed, no
128 longer visible, or inadequately documented.
129 e. Section 556.105(12), relating to the need to cease
130 excavation or demolition activities because of contact or damage
131 to an underground facility.
132 f. Section 556.116(1), relating to a failure to notify of
133 the planned excavation start date and time before beginning
134 excavation, if the member operator provides timely notice of the
135 existence of a high-priority subsurface installation.
136 (3) MISDEMEANORS.—
137 (a) Any person who knowingly and willfully removes or
138 otherwise destroys the valid stakes or other valid physical
139 markings described in s. 556.105(5)(a) and (b) used to mark the
140 horizontal route of an underground facility commits a
141 misdemeanor of the second degree, punishable as provided in s.
142 775.082 or s. 775.083. For purposes of this subsection, stakes
143 or other nonpermanent physical markings are considered valid for
144 30 calendar days after information is provided to the system
145 under s. 556.105(1)(a).
146 Section 3. For the purpose of incorporating the amendment
147 made by this act to section 556.105, Florida Statutes, in a
148 reference thereto, subsection (8) of section 556.102, Florida
149 Statutes, is reenacted to read:
150 556.102 Definitions.—As used in this act:

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151 (8) "High-priority subsurface installation" means an
152 underground gas transmission or gas distribution pipeline, or an
153 underground pipeline used to transport gasoline, jet fuel, or
154 any other refined petroleum product or hazardous or highly
155 volatile liquid, such as anhydrous ammonia or carbon dioxide, if
156 the pipeline is deemed to be critical by the operat or of the
157 pipeline and is identified as a high-priority subsurface
158 installation to an excavator who has provided a notice of intent
159 to excavate under s. 556.105(1), or would have been identified
160 as a high-priority subsurface installation except for the
161 excavator's failure to give proper notice of intent to excavate.
162 Section 4. For the purpose of incorporating the amendment
163 made by this act to section 556.105, Florida Statutes, in a
164 reference thereto, section 556.108, Florida Statutes, is
165 reenacted to read:
166 556.108 Exemptions.—The notification requirements provided
167 in s. 556.105(1) do not apply to:
168 (1) Any excavation or demolition performed by the owner of
169 a single-family residential property, not including property
170 that is subdivided or is to be subdivided into more than one
171 single-family residential property; or for such owner by a
172 member operator or an agent of a member operator when such
173 excavation or demolition is made entirely on such land, and only
174 up to a depth of 10 inches; provided due care is used and there
175 is no encroachment on any member operator's right-of-way,

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176 easement, or permitted use.
177 (2) Any excavation or demolition associated with normal
178 agricultural or railroad activities, provided such activities
179 are not performed on any operator's marked right-of-way,
180 easement, or permitted use.
181 (3) Any excavation or demolition that occurs as the result
182 of normal industrial activities, provided such activities are
183 confined to the immediate secured property of the facility and
184 the activities are not performed on any operator's marked right-
185 of-way, easement, or permitted use. For the purposes of this
186 act, the industrial activities are limited to the following list
187 of Standard Industrial Classifications: Industry Group Numbers
188 141, 206, 242, 243, and 491, and Major Group Numbers 13, 26, 28,
189 and 29, as published by the United States Office of Management
190 and Budget in 1987.
191 (4) Any excavation of 18 inches or less for:
192 (a) Surveying public or private property by surveyors or
193 mappers as defined in chapter 472 and services performed by a
194 pest control licensee under chapter 482, excluding marked
195 rights-of-way, marked easements, or permitted uses where marked,
196 if mechanized equipment is not used in the process of such
197 surveying or pest control services and the surveying or pest
198 control services are performed in accordance with the practice
199 rules established under s. 472.027 or s. 482.051, respectively;
200 (b) Maintenance activities performed by a state agency and

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201 its employees when such activities are within the right-of-way
202 of a public road; however, if a member operator has permanently
203 marked facilities on such right-of-way, mechanized equipment may
204 not be used without first providing notification; or
205 (c) Locating, repairing, connecting, adjusting, or routine
206 maintenance of a private or public underground utility facility
207 by an excavator, if the excavator is performing such work for
208 the current owner or future owner of the underground facility
209 and if mechanized equipment is not used.
210 (5)(a) Any excavation with hand tools by a member operator
211 or an agent of a member operator for:
212 1. Locating, repairing, connecting, or protecting, or
213 routine maintenance of, the member operator's underground
214 facilities; or
215 2. The extension of a member operator's underground
216 facilities onto the property of a person to be served by such
217 facilities.
218 (b) The exemption provided in this subsection is limited
219 to excavations to a depth of 30 inches if the right -of-way has
220 permanently marked facilities of a company other than the member
221 operator or its agents performing the excavation.
222 Section 5. For the purpose of incorporating the amendment
223 made by this act to section 556.105, Florida Statutes, in
224 references thereto, subsections (1) through (4) of section
225 556.114, Florida Statutes, are reenacted to read:

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226 556.114 Low-impact marking practices.—
227 (1) An excavator providing notice under s. 556.105(1)(a)
228 shall identify in its notice only the area that will be
229 excavated during the period that the information in such notice
230 is considered valid under s. 556.105(1)(c).
231 (2) When an excavator has not completed an excavation
232 noticed under s. 556.105(1)(a) within the period that the
233 information in the notice is considered valid under s.
234 556.105(1)(c), the excavator must provide a subsequent notice to
235 the system under s. 556.105(1)(a) to continue with the
236 excavation, and such subsequent notice shall identify only the
237 remaining area to be excavated.
238 (3) When an excavation site cannot be described in
239 information provided under s. 556.105(1)(a) with sufficient
240 particularity to enable the member operator to ascertain the
241 excavation site, and if the excavator and member operator have
242 not mutually agreed otherwise, the excavator shall premark the
243 proposed area of the excavation before a member operator is
244 required to identify the horizontal route of its underground
245 facilities in the proximity of any excavation. However,
246 premarking is not required when the premarking could reasonably
247 interfere with traffic or pedestrian control.
248 (4) A member operator shall identify the horizontal route
249 of its underground facilities as set forth in s. 556.105(5)(a)
250 and (b), and excavators shall premark an excavation site as set

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251 forth in subsection (3) using flags or stakes or temporary,
252 nonpermanent paint or other industry-accepted low-impact marking
253 practices.
254 Section 6. For the purpose of incorporating the amendments
255 made by this act to sections 556.105 and 556.107, Florida
256 Statutes, in references thereto, subsection (1) and paragraphs
257 (a) through (d) of subsection (2) of section 556.116, Florida
258 Statutes, are reenacted to read:
259 556.116 High-priority subsurface installations; special
260 procedures.—
261 (1) When an excavator proposes to excavate or demolish
262 within 15 feet of the horizontal route of an underground
263 facility that has been identified as a high-priority subsurface
264 installation by the operator of the facility, the operator
265 shall, in addition to identifying the horizontal route of its
266 facility as set forth in s. 556.105(5)(a) and (b), and within
267 the time period set forth in s. 556.105(9)(a) for a positive
268 response, notify the excavator that the facility is a high -
269 priority subsurface installation. If the member operator
270 provides such timely notice of the existence of a high-priority
271 subsurface installation, an excavator shall notify the operator
272 of the planned excavation start date and time before beginning
273 excavation. If the member operator does not provide timely
274 notice, the excavator may proceed, after waiting the prescribed
275 time period set forth in s. 556.105(9)(a), to excavate without

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276 notifying the member operator of the excavation start date and
277 time. The exemptions stated in s. 556.108 apply to the
278 notification requirements in this subsection.
279 (2)(a) An alleged commission of an infraction listed in s.
280 556.107(1) which results in an incident must be reported to the
281 system and the State Fire Marshal by a member operator or an
282 excavator within 24 hours after learning of the alleged
283 occurrence of an incident.
284 (b) Upon receipt of an allegation that an incident has
285 occurred, the member operator or excavator shall transmit an
286 incident report to the State Fire Marshal, who shall conduct an
287 investigation to determine whether an incident has occurred,
288 and, if so, whether a violation of s. 556.107(1)(a) was a
289 proximate cause of the incident. The State Fire Marshal may
290 authorize his or her agents, as provided in ss. 633.114,
291 633.116, and 633.118, to conduct investigations of incidents.
292 (c) The State Fire Marshal or his or her agents as
293 provided in ss. 633.114, 633.116, and 633.118 may issue a
294 citation and impose a civil penalty against a violator in an
295 amount not to exceed $50,000 if the person violated a provision
296 of s. 556.107(1)(a) and that violation was a proximate cause of
297 the incident. However, if a state agency or political
298 subdivision caused the incident, the state agency or political
299 subdivision may not be fined in an amount in excess of $10,000.
300 (d) The civil penalty imposed under this subsection is in

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301 addition to any amount payable as a result of a citation
302 relating to the incident under s. 556.107(1)(a).
303 Section 7. This act shall take effect October 1, 2024.

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HB 849
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 849 Veterinary Practices
SPONSOR(S): Killebrew and others
TIED BILLS: IDEN./SIM. BILLS: SB 1040, SB 1162

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development 12 Y, 0 N Thompson Anstead
Subcommittee

2) Commerce Committee Thompson Hamon

Current law defines a “veterinarian/client/patient relationship” (VCPR) as one in which a veterinarian has
assumed responsibility for making medical judgments about the health of an animal and its need for medical
treatment. Veterinarians are permitted to prescribe drugs in the course of veterinary practice; however, the
veterinarian must be either personally acquainted with the keeping and caring of the animal and have recently
seen the animal, or have made medically appropriate and timely visits to the premises where the animal is kept
before prescribing drugs in the course of practice.

The use of electronic communications to facilitate patient health care (telehealth) is not addressed in the
practice act and is not specifically prohibited or authorized in Florida. However, medical doctors may practice
telehealth in Florida and may establish a patient relationship with a patient evaluation via telehealth under
certain circumstances.

The bill creates an act cited as the Providing Equity in Telehealth Services (PETS) Act, which establishes a
framework for the practice of veterinary telehealth as follows:
 Authorizes a veterinarian practicing veterinary telehealth to order, prescribe, or make available
medicinal drugs or drugs as defined in s. 465.003, F.S., the Florida Pharmacy Act.
 Limits a veterinarian’s authority to use telehealth to prescribe a controlled substance listed in Schedule
II of s. 893.03, F.S.
 Allows veterinarians who are personally acquainted with the caring or keeping of an animal or group of
animals for food-producing animal operations, who have recently seen the animals or made medically
appropriate and timely visits to practice veterinary telehealth for these animals.
 Specifies that only Florida licensed veterinarians may practice veterinary telehealth, and grants the
Board jurisdiction over the practice of veterinary telehealth.
 Allows an animal control authority under the “indirect supervision” of a veterinarian to administer rabies
vaccinations.

The bill is not expected to have a fiscal impact on state or local government, and may have a positive fiscal
impact on the private sector.

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

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Practice of Veterinary Medicine

Veterinary medicine includes, with respect to animals: 5
 Surgery;
 Acupuncture;
 Obstetrics;
 Dentistry;
 Physical therapy;
 Radiology;
 Theriogenology (reproductive medicine);6 and
 Other branches or specialties of veterinary medicine.

The practice act does not apply to the following categories of persons:
 Veterinary aides, nurses, laboratory technicians, preceptors, 7 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision8 of a licensed veterinarian;
 Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
 Faculty veterinarians when they have assigned teaching duties at accredited 9 institutions;

fish, or reptile, wild or domestic, living or dead.”
6 Theriogenology is a branch of veterinary medicine concerned with veterinary obstetrics and with the diseases and physiology of

animal reproductive systems. See https://www.merriam-webster.com/ medical/theriogenology (last visited Jan. 5, 2024).
7 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to

allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Jan. 56, 2024).
8 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor

of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
9 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical

Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
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 Certain graduated intern/resident veterinarians of accredited institutions;
 Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
 Certain doctors of veterinary medicine employed by a state agency or the United States
Government;
 Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
 Certain entities or persons 10 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
or techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.11

Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.12 Each person to whom a veterinary license or premises permit is issued must
conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic. 13

For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida. DBPR
received 568 complaints, which resulted in 26 disciplinary actions. 15

Veterinarian/Client/Patient Relationship

The practice act defines a “patient” as any animal for which the veterinarian practices veterinary
medicine.16

The practice act defines a “veterinarian/client/patient relationship” (VCPR) as one in which a
veterinarian has assumed responsibility for making medical judgments about the health of an animal
and its need for medical treatment.17

Veterinarians are permitted to prescribe drugs in the course of veterinary practice, but may be
disciplined by the Board for certain related violations, including ordering, prescribing, or making
available medicinal drugs or drugs 18 or controlled substances 19 for use other than for the specific
treatment of animal patients for which there is a documented VCPR and without:

10 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof ....”
11 See s. 474.203, F.S.
12 S. 474.215(1), F.S.
13 S. 474.216, F.S.
14 S. 474.2185, F.S.
15 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2021 -2022,

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021 -22.pdf (last visited Jan. 5,
2024).
16 S. 474.202(8), F.S.
17 S. 474.202(12), F.S.
18 S. 465.003(8), F.S.
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 Having sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis
of the medical condition of the animal, which means that the veterinarian is personally
acquainted with the keeping and caring of the animal and has recently seen the animal or has
made medically appropriate and timely visits to the premises where the animal is kept;
 Being available to provide for follow-up care and treatment in case of adverse reactions or
failure of the regimen of therapy; and
 Maintaining records which document patient visits, diagnosis, treatment, and other relevant
information required under the practice act.20

Veterinary Telemedicine

The use of electronic communications to facilitate patient health care (veterinary telemedicine) is not
addressed in the practice act and is not specifically prohibited or authorized for practitioners of
veterinary medicine in Florida.21

According to research conducted by the American Veterinary Medical Association (AVMA), almost one-
third of all pets in the U.S. do not regularly see a veterinarian. 22 The reasons for this include cost of
veterinary care, logistical obstacles, and a shortage of licensed veterinarians. 23

Veterinary telemedicine has been found to “help pet owners avoid additional expenses related to
unnecessary time off work or transportation and may provide cost-effective options. Telemedicine can
also address problems with bringing pets to clinics that may be faced by many pet owners, such as
seniors, disabled individuals, those without transportation, and owners of fearful, large, or potentially
aggressive pets.”24

“Interest in veterinary telemedicine has grown significantly in recent years, driven in part by a critical
shortage of veterinary professionals in the workforce and boosted by COVID-19 pandemic emergency
orders that temporarily suspended legal barriers to veterinary telemedicine.”25

Expanding access to veterinary telemedicine may alleviate some of these problems, including, “industry
problems with workforce shortages of veterinary professionals, increased caseloads, and limited work-
life balance.”26

In the human health setting, a 50 state survey conducted by the AVMA found that “all states allow a
physician to establish a relationship with a new patient over telemedicine.” 27 However, the same
approach does not appear to exist with veterinary medicine.

Opponents of veterinary telemedicine argue that animals cannot articulate symptoms like humans,
making physical examinations necessary to diagnose animal ailments. However, it has been found that
“while animals cannot verbally communicate, they provide behavioral signals, which can potentially be
more informative than seeing an animal in an unfamiliar place where the animal is not behaving as it

19 S. 893.02(4), F.S.
20 S. 474.214(1)(y).,F.S.
21 R. 64B8-9.0141, F.A.C. Currently, medical doctors may practice telemedicine in Florida in a patient relationship with a patient
evaluation, under certain circumstances.
22 Malinda Larkin, New, Old Challenges Beg for Radical Change in Veterinary Profession, JAVMA News (Dec. 3, 2020),

https://www.avma.org/javma-news/2020-12-15/new-old-challenges-beg-radical-change-veterinary-profession (last visited Jan. 9,
2024).
23 The Veterinary Care Accessibility Project, Veterinary Care Accessibility Score, https://www.accesstovetcare.org/ (last visited Jan.

9, 2024).
24 Camille DeClementi, Jennifer Hobgood, and Diana Ferguson, IN THE CARDS: BETTING ON VETERINARY TELEMEDICINE

LEGAL REFORM, Florida Bar Journal, (Dec. 2022), https://www.floridabar.org/the-florida-bar-journal/in-the-cards-betting-on-
veterinary-telemedicine-legal-reform/ (last visited Jan. 9, 2024).
25 Id.
26 Id.
27 American Medical Association, 50-State Survey: Establishment of a Patient-Physician Relationship Via Telemedicine,

https://www.ama-assn.org/system/files/2018-10/ama-chart-telemedicine-patient-physician-relationship.pdf (last visited Jan. 9, 2024).
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customarily would. In a clinic setting, dogs and cats may become extremely fearful and withdrawn, and,
in a situation that they perceive as threatening, animals may mask their pain as a survival
mechanism.”28

Historically, physicians resisted expansion of telemedicine in human medicine for similar reasons. By
the 1990s, resistance in the medical community had largely subsided. 29

Veterinary Telemedicine During the Pandemic

On March 24, 2020, the U.S. Food and Drug Administration (FDA) announced that it would temporarily
suspend enforcement of certain prescription limitations in order to allow veterinarians to better utilize
telemedicine to address animal health needs during the COVID-19 pandemic. Specifically, the FDA
provided guidance related to suspending the enforcement of the animal examination and premises visit
VCPR requirements relevant to FDA regulations governing Extra-label Drug Use in Animals30 and
Veterinary Feed Directive Drugs.31 This allowed veterinarians to prescribe or authorize the use of
drugs without direct examination or making visits to patients, in an effort to limit human-to-human
interaction and potential spread of COVID-19 in the community.32

According to the FDA, veterinarians are licensed by their state veterinary licensing board and must
meet the requirements of the licensing board to practice in that state. FDA regulates the devices and
drugs that veterinarians use, and the conditions under which veterinarians may prescribe drugs for
extra-label uses. When an approved drug is used in a manner other than what is stated on the label, it
is an extra-label use. This is commonly called an “off-label” use because the drug is used in a way that
is “off the label.”33

On March 27, 2020, DBPR issued emergency order EO 2020-04, which suspended any restriction of
ch. 474, F.S., or ch. 61G-18, F.A.C., which would prohibit an active Florida-licensed veterinarian from
practicing telemedicine on a patient. The order specified that attending veterinarians must be
comfortable assessing the patient remotely and feel able to exercise good clinical judgment to assist
the patient.34

The FDA withdrew its temporary guidance suspending the enforcement of the animal examination and
premises visit VCPR requirements on February 21, 2023.35

DBPR’s emergency order allowing Florida-licensed veterinarians to practice telemedicine ended with
the expiration of Florida’s COVID-19 state of emergency (EO 20-52) on Saturday June 26, 2021.36

Veterinary Telemedicine in Other States

The use of telemedicine by veterinarians varies by state. Some states allow telemedicine to be used at

28 Mark Epstein, et al., 2015 AAHA/AAFP Pain Management Guidelines for Dogs and Cats, American Animal Hospital Association

(2015), https://www.aaha.org/globalassets/02-guidelines/pain-
management/2015_aaha_aafp_pain_management_guidelines_for_dogs_and_cats.pd f (Iast visited Jan. 9, 2024).
29 Mary Ann Liebert, History of Telemedicine 15-16 (NY 2009).
30 21 C.F.R. part 530.
31 21 C.F.R. s. 558.6.
32 U.S. Food and Drug Administration, Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During

Pandemic, https://www.fda.gov/news -events/press-announcements/coronavirus -covid-19-update-fda-helps-facilitate-veterinary-
telemedicine-during-pandemic (last visited Jan. 5, 2024).
33 .S. Food and Drug Administration, What FDA Does and Does Not Regulate, https://www.fda.gov/animal-veterinary/animal-health-

literacy/what-fda-does-and-does-not-regulate#top (last visited Jan. 5, 2024).
34 Department of Business and Professional Regulation, Emergency Order EO 2020-04, Mar. 27, 2020,

http://www.myfloridalicense.com/dbpr/os/documents/EO_2020 -04.pdf (last visited Jan. 5, 2024).
35 87 C.F.R. 78111.
36 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
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the veterinarian’s discretion, others allow it after the establishment of a VCPR, some do not allow it at
all, and others limit telemedicine for purposes of prescribing medication or controlled substances.

According to the Veterinary Virtual Care Association, state laws relating to veterinary telemedicine
generally fall within the following categories: 25 states and the District of Columbia require the provider
to have “seen” or become “acquainted with” the animal; 10 states require a physical examination for a
VCPR; 5 states allow telemedicine to create a VCPR; 1 state allows telemedicine to create a VCPR
except for prescriptions; 1 state does not reference and therefore does not define or use the term
VCPR; and 9 states expressly prohibit using telemedicine to establish a VCPR.37

Virginia allows veterinarians to practice telemedicine. In addition, it allows a veterinarian who performs
or has performed an appropriate examination of a patient to prescribe certain controlled substances to
a patient via the practice of telemedicine. The Virginia Board of Veterinary Medicine adopted guidance
effective September 17, 2020, for telehealth in the practice of veterinary medicine, which indicates that:

“Using telehealth technologies in veterinary practice is considered a method of service
delivery. The current, applicable regulations apply to all methods of service delivery,
including telehealth. The licensee is responsible for using professional judgment to
determine if the type of service can be delivered via telehealth at the same standard of care
as in-person service.”38

The Idaho Board of Veterinary Medicine provides the following guidance on telehealth:

“The veterinarian must employ sound profession judgment to determine whether using
Telehealth is appropriate in particular circumstances each and every time animal care is
provided and only provide medical advice or treatment via Telehealth to the extent that it is
possible without a hands on examination. A veterinarian using Telehealth must take
appropriate steps to obtain Informed Consent, establish the VCPR and conduct all
appropriate evaluations and history of the patient consistent with traditional standards of
care for the particular patient presentation. As such, some situations and patient
presentations are appropriate for the utilization of Telehealth as a component of, or in lieu
of, hands on medical care, while others are not.” 39

The state of Oklahoma only allows a veterinarian to prescribe drugs via telemedicine under the
following conditions:

“The veterinarian assumes responsibility for making medical judgments regarding the
health of the animal based on a current thorough medical knowledge of the animal, such
knowledge is gained by recently seeing or being personally acquainted with the keeping
and care of the animal to the extent necessary to properly make appropriate medical
decisions.”40

The state of Washington only allows telemedicine after a VCPR has been established:

“The veterinarian shall not establish a veterinary-client-patient relationship solely by
telephonic or other electronic means. However, once established, a veterinary-client-patient
relationship may be maintained between medically necessary examinations via telephone
or other types of consultations.”41

37 Veterinary Virtual Care Association, Veterinary Telemedicine Regulatory Map, https://vvca.org/telemedicine-map/ (last visited Jan.
5, 2024).
38 Virginia Board of Veterinary Medicine, Guidance for Telehealth in the Practice of Veterinary Medicine, Guidance Document: 150 -

25, https://www.dhp.virginia.gov/media/dhpweb/docs/v et/guidance/150-25.pdf (last visited Jan. 5, 2024).
39 Idaho Board of Veterinary Medicine, Policy Number 2018-02 Telemedicine (Oct. 15, 2021), https://dopl.idaho.gov/wp-

content/uploads/2023/07/Telemed-Policy-6-8-18-with-Rev ision-10-15-21.pdf (last visited Jan. 5, 2024).
40 Oklahoma State Board of Veterinary Medical Examiners, Veterinarian-Client-Patient-Relationship-VCPR,

https://www.okvetboard.com/veterinarian-faq/95-board-telemedicine-telehealth-position-statement (last visited Mar. 6, 2023).
41 Wash. Rev. Code § 246-933-200(2).
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Michigan recently repealed the need for an in-person exam prior to practicing telemedicine. Effective
April 15, 2021, a veterinarian providing a “telehealth service” is required to have sufficient knowledge of
the animal patient by having recently examined the animal patient in person or obtained current
knowledge of the animal patient through the use of instrumentation and diagnostic equipment through
which images and medical records may be transmitted electronically, or have conducted medically
appropriate and timely visits to the premises where the group of animal patients is kept.42

Telehealth for Medical Doctors

Current law broadly defines “telehealth” as the use of synchronous or asynchronous
telecommunications technology by a telehealth provider to provide health care services, including, but
not limited to:43
 Assessment, diagnosis, consultation, treatment, and monitoring of a patient;
 Transfer of medical data;
 Patient and professional health-related education;
 Public health services; and
 Health administration.

Telehealth does not include e-mail messages, or facsimile transmission under Florida law. 44 No
express authority is needed to communicate using these methods.

Health care services may be provided via telehealth by a Florida-licensed health care practitioner, a
practitioner licensed under a multistate health care licensure compact of which Florida is a member, 45
or a registered out-of-state-health care provider.46

Out-of-state telehealth providers must register biennially with the Department of Health (DOH) or the
applicable board to provide telehealth services, within the relevant scope of practice established by
Florida law and rule, to patients in this state. To register or renew registration as an out-of-state
telehealth provider, the health care professional must:
 Hold an active and unencumbered license, which is substantially similar to a license issued to a
Florida practitioner in the same profession, in a U.S. state or jurisdiction and
 Not have been subject to licensure disciplinary action during the five years before submission of
the registration application;47
 Not be subject to a pending licensure disciplinary investigation or action;
 Not have had license revoked in any state or jurisdiction;
 Designate a registered agent in this state for the service of process;
 Maintain professional liability coverage or financial responsibility, which covers services
provided to patients not located in the provider’s home state, in the same amount as required for
Florida-licensed practitioners;48 and
 Prominently display a link to the DOH website, described below, which provides public
information on registered telehealth providers.49

42 Mich. Gen. R. 338.4901a.
43 S. 456.47(1)(a), F.S.
44 Id.
45 Florida is a member of the Nurse Licensure Compact. See s. 464.0095, F.S.
46 S. 456.47(4), F.S.
47 The bill requires DOH to consult the National Practitioner Data Bank to verify whether adverse information is available for the

registrant.
48 Florida law requires physicians, acupuncturists, chiropractic physicians, dentists, anesthesiologist assistants, advanced pra ctice

registered nurses, and licensed midwives to demonstrate $100,000 per claim and an annual aggregate of $300,000 of professional
responsibility (see ss. 458.320 and 459.0085, F.S.; r. 64B1-12.001. F.A.C; r. 64B2-17.009, F.A.C.; 64B5-17.0105, F.A.C.; r. 64B8-
31.006 and 64B15-7.006, F.A.C.; r. 64B9-4.002, F.A.C.; and r. 64B24-7.013, F.A.C.; respectively). Podiatric physicians must
demonstrate professional responsibility in the amount of $100,000 (see r. 64B18-14.0072, F.A.C.).
49 S. 456.47(4), F.S.
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Telehealth Standards of Practice

Current law sets the standard of care for telehealth providers at the same level as the standard of care
for health care practitioners or health care providers providing in-person health care services to patients
in this state. This ensures that a patient receives the same standard of care irrespective of the modality
used by the health care professional to deliver the services. A patient receiving telehealth services may
be in any location at the time services are rendered and a telehealth provider may be in any location
when providing telehealth services to a patient.50

Practitioners may perform a patient evaluation using telehealth. A practitioner using telehealth is not
required to research a patient’s medical history or conduct a physical examination of the patient before
providing telehealth services to the patient if the telehealth provider is capable of conducting a patient
evaluation in a manner consistent with the applicable standard of care sufficient to diagnose and treat
the patient when using telehealth.

Emergency Orders

On January 31, 2020, the U.S. Secretary of HHS issued a public health emergency. 51 On March 16,
2020, the DEA published a COVID-19 Information page on the Diversion Control Division website,
authorizing DEA-registered practitioners to issue prescriptions for all Schedule II-V controlled
substances to patients without first conducting an in-person medical evaluation, provided all of the
following conditions are met:
 The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual
course of his/her professional practice.
 The evaluation is conducted using an audio-visual, real-time, two-way interactive
communication system.
 The practitioner is acting in accordance with applicable federal and state law. 52

Controlled Substances – Florida Law

Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act. This
chapter classifies controlled substances into five schedules in order to regulate the manufacture,
distribution, preparation, and dispensing of the substances. The scheduling of substances in Florida
law is generally consistent with the federal scheduling of substances under 21 U.S.C. s. 812:
 A Schedule I substance has a high potential for abuse and no currently accepted medical use in
treatment in the United States and its use under medical supervision does not meet accepted
safety standards. Examples include heroin and lysergic acid diethylamide (LSD).
 A Schedule II substance has a high potential for abuse, a currently accepted but severely
restricted medical use in treatment in the United States, and abuse may lead to severe
psychological or physical dependence. Examples include cocaine and morphine.
 A Schedule III substance has a potential for abuse less than the substances contained in
Schedules I and II, a currently accepted medical use in treatment in the United States, and
abuse may lead to moderate or low physical dependence or high psychological dependence or,
in the case of anabolic steroids, may lead to physical damage. Examples include lysergic acid;
ketamine; and some anabolic steroids.

50 S. 456.47(2), F.S.
51 U.S. Department of Health & Human Services, Determination that a Public Health Emergency Exists, (Jan. 31, 2020)

https://aspr.hhs.gov/legal/PHE/Pages/2019-
nCoV.aspx#:~:text=A zar%20II%2C%20Secretary%20of%20Health,January%2027%2C%202020%2C%20nationwide . (last visited
Jan. 5, 2024).
52 U.S. Drug Enforcement Administration, DEA’s response to COVID-19, https://www.dea.gov/press -releases/2020/03/20/deas-

response-covid-19 (last visited Jan. 5, 2024); Letter from Thomas Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, U.S. Department of Justice Drug Enforcement Administration, to DEA Qualifying Practitioners and Other Practitioners,
(Mar. 31, 2020) https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-
022)(DEA068)%20DEA%20SAMHSA%20buprenorphine%20telemedicine%20%20(Final)%20+Esign.pdf (last visited Jan. 5, 2024).
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 A Schedule IV substance has a low potential for abuse relative to the substances in
Schedule III, a currently accepted medical use in treatment in the United States, and abuse may
lead to limited physical or psychological dependence relative to the substances in Schedule III.
Examples include alprazolam, diazepam, and phenobarbital.
 A Schedule V substance has a low potential for abuse relative to the substances in
Schedule IV, a currently accepted medical use in treatment in the United States, and abuse
may lead to limited physical or psychological dependence relative to the substances in
Schedule IV. Examples include low dosage levels of codeine, certain stimulants, and certain
narcotic compounds.

Controlled Substances – Federal Law

The Federal Controlled Substances Act53 also classifies controlled substances into schedules based on
the potential for abuse and whether there is a currently accepted medical use for the substance. The
Drug Enforcement Administration (DEA) is required to consider the following when determining where
to schedule a substance:54

 The substance’s actual or relative potential for abuse;
 Scientific evidence of the substance’s pharmacological effect, if known;
 The state of current scientific knowledge regarding the substance;
 The substance’s history and current pattern of abuse;
 The scope, duration, and significance of abuse;
 What, if any, risk there is to public health;
 The substance’s psychic or physiological dependence liability; and
 Whether the substance is an immediate precursor of a substance already controlled.

Telehealth Prescribing of Controlled Substances

The FDA regulations governing Extralabel Drug Use in Animals and Veterinary Feed Directives, limited
in application to circumstances where a veterinarian is using a drug in a manner other than the purpose
for which it was approved or in feed directives, require a valid VCPR, which “can exist only when the
veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s)
by virtue of examination of the animal(s), and/or by medically appropriate and timely visits to the
premises where the animal(s) are kept.”55

“However, the corresponding regulation in the Florida Administrative Code blocks veterinarians from
prescribing unless they have “recent contact” with the animal. 56 Since the Florida statute contains no
“recent contact” requirement for a VCPR or for prescribing, the Board may have exceeded its statutory
authority57 to “carry out the provisions of” F.S. Ch. 474, Veterinary Medical Practice.” 58

Federal law specifically prohibits prescribing controlled substances via the Internet without an in-person
evaluation, but the Ryan Haight Online Pharmacy Consumer Protection Act (Haight Act), 59 signed into
law in October 200860 created a pathway for telehealth practitioners to dispense controlled substances
via telehealth.

53 21 U.S.C. s. 812.
54 21 U.S.C. s. 811(c).
55 21 C.F.R. §530.1 & §530.3(i)(3).
56 Rule 61G18-30.001 (2)(y), F.S.
57 S. 474.204(1), F.S.
58 Camille DeClementi, Jennifer Hobgood, and Diana Ferguson, IN THE CARDS: BETTING ON VETERINARY TELEMEDICINE

LEGAL REFORM, Florida Bar Journal, (Dec. 2022), https://www.floridabar.org/the-florida-bar-journal/in-the-cards-betting-on-
veterinary-telemedicine-legal-reform/ (last visited Jan. 9, 2024).
59 Ryan Haight Online Consumer Protection Act of 2008, Public Law 110-425 (H.R. 6353).
60 21 CFR s. 829, the in-person medical evaluation requires that the patient be in the physical presence of the provider without regard

to the presence or conduct of other professionals.
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The practitioner is still subject to the requirement that all controlled substance prescriptions be issued
for a legitimate purpose by a practitioner acting in the usual course of professional practice. But, once
an in-person evaluation of the patient has occurred, the practitioner may provide future
prescriptions for controlled substances for that patient using telehealth services.61

Florida law currently prohibits a telehealth provider (human) from using telehealth services to prescribe
a controlled substance except when treating a psychiatric disorder, an inpatient at a licensed hospital, a
patient receiving hospice services, or a resident of a nursing home facility.62

Prescription Drug Law for Veterinarians

In order to purchase, prescribe, administer or dispense controlled substances in Florida, veterinarians
must obtain a license from the U.S. Drug Enforcement Administration (DEA). Florida does not require
any additional licensure for veterinarians to purchase and prescribe controlled drugs. 63

The DEA is a division within the U.S. Department of Justice and reports to the U.S. Attorney General.
In consultation with the U.S. Secretary of the federal Department of Health and Human Services (HHS)
and others, the Attorney General oversees the listing of substances on five schedules (Classes I, II, III,
IV or V) of controlled agents as described in Title 21 United States Code (USC) of the Controlled
Substances Act. The central mission of the DEA is to enforce controlled substances laws and
regulations.64

With respect to veterinarians and other health professionals, the major focus of the DEA is to prevent
illegal diversion of controlled prescription drugs for the purpose of illicit or non-medical uses. In order to
legally purchase, dispense or prescribe controlled prescription drugs, a veterinarian must be licensed
by the DEA. Prescription drugs that are regulated or controlled by the DEA include many important
drugs that are used routinely by veterinarians. DEA-controlled drugs are tightly controlled at all aspects
of manufacturing, distribution, ordering, storage, use and disposition. 65

While veterinarians are allowed to write prescriptions for controlled drugs, they cannot order controlled
drugs from their local pharmacy for “in-house” use nor for secondary re-sale. Like any other
prescription, controlled drug prescriptions must be written for a specific patient and cannot be for
general use. As a licensed DEA registrant, veterinarians are expected to create and maintain a system
that provides strong safeguards against theft or diversion of controlled drugs in their practice. 66

Two opioids are approved and marketed for use in animals, butorphanol and buprenorphine. Due to the
limited number of approved and marketed veterinary opioids, veterinarians who need to use opioids to
control pain in their patients generally use products approved for use in people. 67

Rabies Vaccinations

61 Id.
62 S. 456.47(2)(c), F.S.
63 Thomas Vickory, PhD, DEA REGULATION OF CONTROLLED DRUGS, https://www.vetfolio.com/learn/article/florida-drug-
laws-update-2013 (last visited Jan. 5, 2024).
64 Thomas, supra note 63.
65 Thomas, supra note 63.
66 Thomas, supra note 63.
67 U.S. FDA, The Opioid Epidemic: What Veterinarians Need to Know, https://www.fda.gov/animal-veterinary/resources-you/opioid-

epidemic-what-veterinarians-need-know (last visited Jan. 5, 2024).
68 World Health Organization, Rabies, Sep. 20, 2023, https://www.who.int/news-room/fact-sheets/detail/rabies (last visited Jan. 5,

2024).
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All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
those species.69 The owner must have the animal revaccinated 12 months after the initial vaccination,
and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
punishable by a penalty of up to $500.70

A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined
the animal and has certified in writing that the vaccination would endanger the animal’s health because
of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be
vaccinated against rabies as soon as its health permits.71

Upon vaccination, the licensed veterinarian is required to provide the animal’s owner and the animal
control authority with a rabies vaccination certificate.72 The veterinarian who administers the rabies
vaccine to an animal as required under this section may affix his or her signature stamp in lieu of an
actual signature.73

Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the “immediate supervision” of a licensed veterinarian. 74 In addition, the following tasks may be
performed without the licensed veterinarian on the premises:
 The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
 The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.75

Effect of the Bill

The bill allows licensed veterinarians to practice veterinary telehealth on a limited basis, and indirectly
supervise rabies vaccinations of impounded animals.

Regarding veterinary telemedicine, the bill:
 Allows a veterinarian who holds a current license to practice veterinary medicine in this state to
practice veterinary telehealth.
 Defines “telehealth” to have the same meaning as the human telehealth definition in s.
456.47(1), F.S.:

69 S. 828.30(1), F.S.
70 See s. 828.27(2), F.S
71 S. 828.30(2), F.S.
72 Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State

Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the information
required by the NASPHV Rabies Vaccination Certificate.
73 S. 828.30(3), F.S.
74 S. 474.202(5), F.S., defines “immediate supervision” or words of similar purpo rt to mean a licensed doctor of veterinary medicine is

on the premises whenever veterinary services are being provided.
75 R. 61G18-17.005, F.A.C.
76 R. 61G18-17.006, F.A.C.
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o “the use of synchronous or asynchronous telecommunications technology by a
telehealth provider to provide health care services, including, but not limited to,
assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of
medical data; patient and professional health-related education; public health services;
and health administration. The term does not include e-mail messages or facsimile
transmissions.”
 Gives the Board of Veterinary Medicine jurisdiction over a veterinarian practicing veterinary
telehealth, regardless of where the veterinarian's physical office is located.
 Deems the practice of veterinary to occur at the premises where the patient is located at the
time the veterinarian practices veterinary telehealth.
 Prohibits practicing veterinary telehealth unless it is within the context of a
veterinarian/client/patient relationship.
 Requires the practice of telehealth to be in a manner consistent with the scope of practice and
the prevailing professional standard of practice for a veterinarian who provides in-person
veterinary services to patients in this state.
 Authorizes veterinarians practicing telehealth to perform a patient evaluation, and specifies that
if a veterinarian practicing telehealth conducts a patient evaluation sufficient to diagnose and
treat the patient, the veterinarian is not required to research a patient's medical history or
conduct a physical examination of the patient before using veterinary telehealth to provide a
veterinary health care service to the patient.
 Requires veterinarians practicing telehealth to prescribe all drugs and medications in
accordance with all federal and state laws.
o Authorizes a veterinarian practicing veterinary telehealth to order, prescribe, or make
available medicinal drugs or drugs as defined in s. 465.003, F.S.
o Prohibits a veterinarian from using telehealth to prescribe a controlled substance listed in
Schedule II of s. 893.03, F.S.
 Authorizes veterinarians who are personally acquainted with the caring and keeping of an
animal or group of animals on food-producing animal operations on land classified as
agricultural pursuant to s. 193.461, F.S., who has recently seen the animal or group of animals
or has made medically appropriate and timely visits to the premises where the animal or group
of animals is kept to practice veterinary telehealth for animals on such operations.

Regarding rabies vaccinations, the bill:
 Allows an employee, an agent, or a contractor of a county or municipal animal control authority,
or sheriff, acting under the indirect supervision of a veterinarian, to administer rabies
vaccinations to impounded dogs, cats, and ferrets that will be transferred, rescued, fostered,
adopted, or reclaimed by the owner.
 Provides that the supervising veterinarian assumes responsibility for any person vaccinating
animals at his or her direction or under his or her direct or indirect supervision.
 Defines "indirect supervision," to mean the supervising veterinarian is required to be available
for consultation through telecommunications but is not required to be physically present during
such consultation.
 Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his
or her signature stamp in lieu of an actual signature to the rabies vaccination certificate.

B. SECTION DIRECTORY:
Section 1: Creates s. 474.2021, F.S., relating to veterinary telehealth.

Section 2: Amends s. 474.2165, F.S., conforming provisions relating to ownership and control of
veterinary medical patient records; report or copies of records to be furnished.

Section 3: Amends s. 828.30, F.S., relating to rabies vaccination of dogs, cats, and ferrets.

Section 4: Amends s. 474.203, F.S., conforming provisions relating to exemptions.

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Section 5: Amends s. 767.16, F.S., conforming provisions relating to police canine or service dog;
exemption.

Section 6: Amends s. 828.29, F.S., conforming provisions relating to dogs and cats transported or
offered for sale; health requirements; consumer guarantee.

Section 7: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.
2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with veterinarians being required to be onsite to administer rabies vaccinations.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Licensed veterinarians will be permitted to practice veterinary telehealth, including limited prescription
authority, thus giving them more flexibility in their practice. This will move them further toward equal
footing with licensed health care providers in the state who are already allowed to practice telehealth.

Animal owners may have greater access to veterinarians and may feel more comfortable, especially
during a state of emergency. Visitors and tourists with pets may be able to obtain veterinarian care
while on vacation in Florida without the need for locating and transporting their animal to a
veterinarian’s office.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

3. Other:
None.
B. RULE-MAKING AUTHORITY:

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Current law appears to grant the Board sufficient authority to adopt rules to implement the provisions of
this bill.77

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

77 S. 474.206, F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 849 2024

1 A bill to be entitled
2 An act relating to veterinary practices; creating s.
3 474.2021, F.S.; providing a short title; authorizing
4 licensed veterinarians to practice veterinary
5 telehealth in accordance with specified criteria;
6 specifying the powers of the Board of Veterinary
7 Medicine related to the practice of telehealth;
8 specifying the conditions under which a veterinarian
9 may practice veterinary telehealth; specifying the
10 drugs a veterinarian practicing telehealth may not
11 provide under specified circumstances; providing
12 specific authorizations for cases where a patient is a
13 food-producing species; amending s. 474.2165, F.S.;
14 conforming provisions to changes made by the act;
15 amending s. 828.30, F.S.; authorizing certain persons
16 to administer rabies vaccinations to certain animals
17 under indirect supervision of a veterinarian;
18 providing supervising veterinarian assumes
19 responsibility for specified people who provide
20 vaccinations; defining the term "indirect
21 supervision"; amending ss. 474.203, 767.16, and
22 828.29, F.S.; conforming provisions to changes made by
23 the act; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:

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26
27 Section 1. Section 474.2021, Florida Statutes, is created
28 to read:
29 474.2021 Veterinary telehealth.—
30 (1) This section may be cited as the "Providing Equity in
31 Telehealth Services Act."
32 (2) A veterinarian who holds a current license to practice
33 veterinary medicine in this state may practice veterinary
34 telehealth. For purposes of this section, the term "telehealth"
35 has the same meaning as in s. 456.47(1).
36 (3) The board has jurisdiction over a veterinarian
37 practicing veterinary telehealth, regardless of where the
38 veterinarian's physical office is located. The practice of
39 veterinary medicine is deemed to occur at the premises where the
40 patient is located at the time the veterinarian practices
41 veterinary telehealth.
42 (4) A veterinarian practicing veterinary telehealth:
43 (a) May not engage in the practice of veterinary
44 telehealth unless it is within the context of a
45 veterinarian/client/patient relationship;
46 (b) Must practice in a manner consistent with his or her
47 scope of practice and the prevailing professional standard o f
48 practice for a veterinarian who provides in-person veterinary
49 services to patients in this state;
50 (c) May use telehealth to perform a patient evaluation. If

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51 a veterinarian practicing telehealth conducts a patient
52 evaluation sufficient to diagnose and treat the patient, the
53 veterinarian is not required to research a patient's medical
54 history or conduct a physical examination of the patient before
55 using veterinary telehealth to provide a veterinary health care
56 service to the patient; and
57 (d) Must prescribe all drugs and medications in accordance
58 with all federal and state laws. A veterinarian practicing
59 veterinary telehealth may order, prescribe, or make available
60 medicinal drugs or drugs as defined in s. 465.003. A
61 veterinarian may not use telehealth to prescribe a controlled
62 substance listed in Schedule II of s. 893.03.
63 (5) A veterinarian personally acquainted with the caring
64 and keeping of an animal or group of animals on food-producing
65 animal operations on land classified as agricultural pursuant to
66 s. 193.461 who has recently seen the animal or group of animals
67 or has made medically appropriate and timely visits to the
68 premises where the animal or group of animals is kept may
69 practice veterinary telehealth for animals on such operations.
70 Section 2. Subsection (1) of section 474.2165, Florida
71 Statutes, is amended to read:
72 474.2165 Ownership and control of veterinary medical
73 patient records; report or copies of records to be furnished. —
74 (1) As used in this section, the term "records owner"
75 means any veterinarian who generates a medical record after

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76 making an a physical examination of, or administering treatment
77 or dispensing legend drugs to, any patient; any veterinarian to
78 whom records are transferred by a previous records owner; or any
79 veterinarian's employer, provided the employment contract or
80 agreement between the employer and the veterinarian designates
81 the employer as the records owner.
82 Section 3. Subsections (1) and (3) of section 828.30,
83 Florida Statutes, are amended to read:
84 828.30 Rabies vaccination of dogs, cats, and ferrets.—
85 (1)(a) All dogs, cats, and ferrets 4 months of age or
86 older must be vaccinated by a licensed veterinarian or a person
87 authorized under paragraph (b) against rabies with a vaccine
88 that is licensed by the United States Department of Agriculture
89 for use in those species.
90 (b) Acting under the indirect supervision of a
91 veterinarian, an employee, an agent, or a contractor of a county
92 or municipal animal control authority or sheriff may vaccinate
93 against rabies dogs, cats, and ferrets in the custody of an
94 animal control authority or a sheriff that will be transferred,
95 rescued, fostered, adopted, or reclaimed by the owner. The
96 supervising veterinarian assumes responsibility for any person
97 vaccinating animals at his or her direction or under his or her
98 direct or indirect supervision. As used in this paragraph, the
99 term "indirect supervision" means that the supervising
100 veterinarian is required to be available for consultation

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101 through telecommunications but is not required to be physically
102 present during such consultation.
103 (c) The owner of every dog, cat, and ferret shall have the
104 animal revaccinated 12 months after the initial vaccination.
105 Thereafter, the interval between vaccinations shall conform to
106 the vaccine manufacturer's directions. The cost of vaccination
107 must be borne by the animal's owner. Evidence of circulating
108 rabies virus neutralizing antibodies may shall not be used as a
109 substitute for current vaccination in managing rabies exposure
110 or determining the need for booster vaccinations.
111 (3) Upon vaccination against rabies, the licensed
112 veterinarian shall provide the animal's owner and the animal
113 control authority with a rabies vaccination certificate. Each
114 animal control authority and veterinarian shall use the "Rabies
115 Vaccination Certificate" of the National Association of State
116 Public Health Veterinarians (NASPHV) or an equivalent form
117 approved by the local government that contains all the
118 information required by the NASPHV Rabies Vaccination
119 Certificate. The veterinarian who administers the rabies
120 vaccination or who supervises the administration of the rabies
121 vaccination as provided in paragraph (1)(b) vaccine to an animal
122 as authorized required under this section may affix his or her
123 signature stamp in lieu of an actual signature.
124 Section 4. Paragraph (a) of subsection (5) of section
125 474.203, Florida Statutes, is amended to read:

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126 474.203 Exemptions.—This chapter does not apply to:
127 (5)(a) Any person, or the person's regular employee,
128 administering to the ills or injuries of her or his own animals,
129 including, but not limited to, castration, spaying, and
130 dehorning of herd animals, unless title is transferred or
131 employment provided for the purpose of circumventing this law.
132 This exemption does not apply to any person licensed as a
133 veterinarian in another state or foreign jurisdiction and
134 practicing temporarily in this state. However, except as
135 provided in s. 828.30, only a veterinarian may immunize or treat
136 an animal for diseases that are communicable to humans and that
137 are of public health significance.
138
139 For the purposes of chapters 465 and 893, persons exempt
140 pursuant to subsection (1), subsection (2), or subsection (4)
141 are deemed to be duly licensed practitioners authorized by the
142 laws of this state to prescribe drugs or medicinal supplies.
143 Section 5. Subsection (2) of section 767.16, Florida
144 Statutes, is amended to read:
145 767.16 Police canine or service dog; exemption.—
146 (2) Any dog used as a service dog for blind, hearing
147 impaired, or disabled persons that bites another animal or a
148 human is exempt from any quarantine requirement following such
149 bite if the dog has a current rabies vaccination that was
150 administered as provided in s. 828.30 by a licensed

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151 veterinarian.
152 Section 6. Paragraph (b) of subsection (1) and paragraph
153 (b) of subsection (2) of section 828.29, Florida Statutes, are
154 amended to read:
155 828.29 Dogs and cats transported or offered for sale;
156 health requirements; consumer guarantee.—
157 (1)
158 (b) For each dog offered for sale within the state, the
159 tests, vaccines, and anthelmintics required by this section must
160 be administered by or under the direction of a veterinarian,
161 licensed by the state and accredited by the United States
162 Department of Agriculture, who issues the official certificate
163 of veterinary inspection. The tests, vaccines, and anthelmintics
164 must be administered before the dog is offered for sale in the
165 state, unless the licensed, accredited veterinarian certifies on
166 the official certificate of veterinary inspection t hat to
167 inoculate or deworm the dog is not in the best medical interest
168 of the dog, in which case the vaccine or anthelmintic may not be
169 administered to that particular dog. Each dog must receive
170 vaccines and anthelmintics against the following diseases and
171 internal parasites:
172 1. Canine distemper.
173 2. Leptospirosis.
174 3. Bordetella (by intranasal inoculation or by an
175 alternative method of administration if deemed necessary by the

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176 attending veterinarian and noted on the health certificate,
177 which must be administered in this state once before sale).
178 4. Parainfluenza.
179 5. Hepatitis.
180 6. Canine parvo.
181 7. Rabies, provided the dog is over 3 months of age and
182 the inoculation is administered as provided in s. 828.30 by a
183 licensed veterinarian.
184 8. Roundworms.
185 9. Hookworms.
186
187 If the dog is under 4 months of age, the tests, vaccines, and
188 anthelmintics required by this section must be administered no
189 more than 21 days before sale within the state. If the dog is 4
190 months of age or older, the tests, vaccines, and anthelmintics
191 required by this section must be administered at or after 3
192 months of age, but no more than 1 year before sale within the
193 state.
194 (2)
195 (b) For each cat offered for sale within the state, the
196 tests, vaccines, and anthelmintics required by this section must
197 be administered by or under the direction of a veterinarian,
198 licensed by the state and accredited by the United States
199 Department of Agriculture, who issues the official certificate
200 of veterinary inspection. The tests, vaccines, and anthelmintics

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201 must be administered before the cat is offered for sale in the
202 state, unless the licensed, accredited veterinarian certifies on
203 the official certificate of veterinary inspection that to
204 inoculate or deworm the cat is not in the best medical interest
205 of the cat, in which case the vaccine or anthelmintic may not be
206 administered to that particular cat. Each cat must receive
207 vaccines and anthelmintics against the following diseases and
208 internal parasites:
209 1. Panleukopenia.
210 2. Feline viral rhinotracheitis.
211 3. Calici virus.
212 4. Rabies, if the cat is over 3 months of age and the
213 inoculation is administered as provided in s. 828.30 by a
214 licensed veterinarian.
215 5. Hookworms.
216 6. Roundworms.
217
218 If the cat is under 4 months of age, the tests, vaccines, and
219 anthelmintics required by this section must be administered no
220 more than 21 days before sale within the state. If the cat is 4
221 months of age or older, the tests, vaccines, and anthelmintics
222 required by this section must be administered at or after 3
223 months of age, but no more than 1 year before sale within the
224 state.
225 Section 7. This act shall take effect July 1, 2024.

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HB 1461
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1461 Pub. Rec./Investigations by the Department of Legal Affairs
SPONSOR(S): McFarland
TIED BILLS: HB 1459 IDEN./SIM. BILLS: SB 1682

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Commerce Committee Wright Hamon

2) Ethics, Elections & Open Government
Subcommittee

3) Judiciary Committee

SUMMARY ANALYSIS
HB 1459, to which this bill is linked:
 Requires certain entities and persons that produce or offer AI content to the Florida public to:
o Create certain safety and transparency standards, and
o Make certain disclosures.
 Prohibits any entity or person from knowingly producing, generating, incorporating, or synthesizing child
pornography through AI.

The Department of Legal Affairs (DLA), upon belief that any entity or person is in violation of the provisions of
HB 1459, may bring an action under the Florida Deceptive and Unfair Trade Practices Act.

This bill creates a public record exemption for all information held by DLA pursuant to a notification or an
investigation of a violation. The bill provides that the confidential and exempt information may be released by
DLA during an active investigation only in the furtherance of its official duties and responsibilities; for print,
publication, or broadcast in certain instances; or to another governmental entity in the furtherance of the
receiving entity’s official duties and responsibilities.

Once an investigation is completed, the following information remains confidential and exempt:
• Information that is otherwise confidential or exempt;
• Personal identifying information;
• A computer forensic report;
• Information that would otherwise reveal weaknesses in data security; and
• Information that would otherwise disclose proprietary information.

The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2029, unless reviewed and saved from repeal through reenactment by the
Legislature. It also includes a statement of public necessity as required by the Florida Constitution.

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

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

Public Records

The Florida Constitution sets forth the state’s public policy regarding access to government records ,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.1 The Legislature, however, may provide by general law an exemption2
from public record requirements provided the exemption passes by a two-thirds vote of each chamber,
states with specificity the public necessity justifying the exemption, and is no broader than necessary to
meet its public purpose.3

Current law also addresses the public policy regarding access to government records by guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.4 Furthermore, the Open Government Sunset Review (OGSR) Act5 provides that a public
record exemption may be created or maintained only if it serves an identifiable public purpose and the
“Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open
government and that cannot be accomplished without the exemption.”6 An identifiable public purpose is
served if the exemption meets one of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
 Protect trade or business secrets.7

Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2nd of the fifth year following enactment, unless the
Legislature reenacts the exemption.8

Artificial Intelligence

The term “artificial intelligence” (AI) was coined at the Dartmouth Summer Research Project on
Artificial Intelligence, a conference held in 1956. Since 2010, there has been a lot of advancement in AI
research, which has been attributed to the “availability of large datasets, improved machine learning
approaches and algorithms, and more powerful computers.”9

AI encompasses a large field of existing and emerging technologies, methodologies, and application
areas. The Congressional Research Service has recently stated that AI is “generally thought of as
computerized systems that work and react in ways commonly thought to require intelligence.” 10 The

1 Art. I, s. 24(a), Fla. Const.
2 A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is not

subject to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3 Art. I, s. 24(c), Fla. Const.
4 See s. 119.01, F.S.
5 S. 119.15, F.S.
6 S. 119.15(6)(b), F.S.
7
Id.
8 S. 119.15(3), F.S.
9
Congressional Research Service, Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118 th Congress, available at
https://crsreports.congress.gov/product/pdf/R/R47644 (last visited Jan. 20, 2024).
10
Id.
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application of AI extends to areas such as “natural language processing, facial recognition, and
robotics.”11

Department of Legal Affairs

The Department of Legal Affairs (DLA) provides a wide variety of legal services, including defending
the state in civil litigation cases, representing the people of Florida in criminal appeals in state and
federal courts, protecting rights of children, consumers, and victims through its various protection
programs, and investigating and litigating against businesses that seek to limit competition and defraud
taxpayers.12

House Bill 1459 (2024)

The bill:
 Requires an entity or person who produces or offers for use or interaction AI content or
technology for a commercial purpose, and makes such content or technology available to the
Florida public, to create safety and transparency standards that:
o Alert consumers that such content or technology is generated by AI.
o Allow such content or technology to be recognizable as generated by AI to other AI.
 Requires an entity or a person to provide a clear and conspicuous notice on its Internet
homepage or landing page if it provides an AI mechanism to communicate or interact with
Florida consumers for a commercial purpose.
 Prohibits any entity or person from knowingly producing, generating, incorporating, or
synthesizing child pornography through AI.
 Requires any state agency that uses AI to disclose if a person is interacting with AI when
interacting with the agency and ensure that any confidential information accessible to an AI
system remains confidential.

Any violation of the bill by a person or entity is an unfair and deceptive trade practice actionable under
FDUTPA solely by DLA. The bill does not establish a private cause of action.

The bill also creates an advisory council called the Government Technology Modernization Council to
study and monitor the development and deployment of AI systems and provide reports on such
systems to the Governor and the Legislature.

Effect of Proposed Changes

The bill creates a public record exemption for all information held by DLA pursuant to a notification or
an investigation of a violation by an entity or person of the requirements created by HB 1459. Such
information is made confidential and exempt13 from public record requirements until the investigation is
completed or is no longer active.14

11
Id.
12 OPPAGA, Office of the Attorney General (Department of Legal Affairs),

https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=1026 (last visited Jan. 19, 2024); see also ch. 16 and s.
20.11, F.S.
13 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla.
2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA
1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential
and exempt from public disclosure, such record may not be released by the custodian of public records to anyone other than th e
persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-09 (2004).).
14 The bill states that the public record exemption should be construed in conformity with s. 119.071(2)(c), F.S. Section 119.071(2)(c),

F.S., creates an exemption for active criminal investigative and criminal intelligence information. Section 119.011(3), F.S., defines the
terms “criminal intelligence information,” “criminal investigative information,” and “active.”
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During an active investigation, the confidential and exempt information may be disclosed by DLA:
 In the furtherance of its official duties and responsibilities;
• For print, publication, or broadcast if DLA determines that such release would assist in notifying
the public or locating or identifying a person DLA believes to be a victim of an improper use or
disposal of customer records, except that information which remains confidential and exempt
after an investigation may not be released in this manner; or
• To another governmental entity in the furtherance of the receiving entity’s official duties and
responsibilities.

Once an investigation is completed or ceases to be active, the following information held by DLA
remains confidential and exempt:
 Information that is otherwise confidential or exempt;
 Personal identifying information;
 A computer forensic report;
 Information that would otherwise reveal weaknesses in an entity or person’s data security; and
 Information that would otherwise disclose an entity or person’s proprietary information.15

The bill provides the constitutionally required public necessity statement, which states that, if released,
information held by DLA pursuant to a notification or an investigation of a violation by commercial
entities of the requirements created by HB 1459 could:
 Frustrate or thwart the investigation and impair the ability of DLA to perform assigned functions;
 Undo a specific statutory exemption protecting the information;
 Be used for the purpose of identity theft;
 Result in the identification of vulnerabilities; and
 Result in economic harm.

The bill provides that the public record exemption is subject to the OGSR Act and will repeal on
October 2, 2029, unless reenacted by the Legislature.

The bill will become effective on the same date that HB 1459 or similar legislation takes effect, if such
legislation is adopted in the same legislative session, or an extension thereof, and becomes a law.

B. SECTION DIRECTORY:
Section 1: Amends s. 501.174, F.S., as created by HB 1459 (2024), to create a public record
exemption for investigations related to s. 501.174, F.S.
Section 2: Provides a public necessity statement as required by the Florida Constitution.
Section 3: Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

15 The bill defines the term “proprietary information” to mean information that is owned or controlled by the entity or person; is
intended to be private and is treated by the entity or person as private because disclosure would harm the entity or person or its
business operations; has not been disclosed except as required by law or through a private agreement that provides that the information
will not be released to the public; is not publicly available or otherwise readily ascertainable through proper means from an other
source in the same configuration as received by DLA; and reveals competitive interests.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on DLA because agency staff responsible for complying with
public record requests may require training related to the creation of the public record exemption. DLA
could incur costs associated with redacting the confidential and exempt information prior to releasing a
record. The costs, however, would be absorbed by existing resources, as they are part of the day-to-
day responsibilities of agencies.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
Vote Requirement

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

Public Necessity Statement

Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a public record exemption;
thus, it includes a public necessity statement. The public necessity statement provides that, if
released, information held by DLA pursuant to a notification or an investigation could frustrate or
thwart the investigation and impair the ability of DLA to perform assigned functions, undo a specific
statutory exemption protecting the information, be used for the purpose of identity theft, result in the
identification of vulnerabilities, and result in economic harm.

Breadth of Exemption

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

B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking, nor does the bill confer or alter DLA’s rulemaking authority.

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C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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

HB 1461 2024

1 A bill to be entitled
2 An act relating to public records; amending s.
3 501.174, F.S.; providing an exemption from public
4 records requirements for information relating to
5 investigations by the Department of Legal Affairs and
6 law enforcement agencies of certain artificial
7 intelligence transparency violations; providing a
8 definition; providing for future legislative review
9 and repeal of the exemption; providing a statement of
10 public necessity; providing a contingent effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (10) of section 501.174, Florida
16 Statutes, as created by HB 1459 or similar legislation, 2024
17 Regular Session, is renumbered as subsection (11), and a new
18 subsection (10) is added to that section to read:
19 501.174 Artificial intelligence transparency.—
20 (10)(a) All information received by the department
21 pursuant to a notification of a violation under this section, or
22 received by the department pursuant to an investigation by the
23 department or a law enforcement agency of a violation of this
24 section, is confidential and exempt from s. 119.07(1) and s.
25 24(a), Art. I of the State Constitution, until such time as the

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26 investigation is completed or ceases to be active. This
27 exemption shall be construed in conformity with s.
28 119.071(2)(c).
29 (b) During an active investigation, information made
30 confidential and exempt pursuant to paragraph (a) may be
31 disclosed by the department:
32 1. In the furtherance of its official duties and
33 responsibilities;
34 2. For print, publication, or broadcast if the department
35 determines that such release would assist in notifying the
36 public or locating or identifying a person who the department
37 believes to be a victim of a data breach or an improper use or
38 disposal of customer records, except that information made
39 confidential and exempt by paragraph (c) may not be released
40 pursuant to this subparagraph; or
41 3. To another governmental entity in the furthera nce of
42 its official duties and responsibilities.
43 (c) Upon completion of an investigation or once an
44 investigation ceases to be active, the following information
45 received by the department shall remain confidential and exempt
46 from s. 119.07(1) and s. 24(a), Art. I of the State
47 Constitution:
48 1. All information to which another public records
49 exemption applies.
50 2. Personal information.

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51 3. A computer forensic report.
52 4. Information that would otherwise reveal weaknesses in
53 the data security of the business operations of the entity or
54 person.
55 5. Information that would disclose the proprietary
56 information of the business operations of the entity or person.
57 (d) For purposes of this subsection, the term "proprietary
58 information" means information that:
59 1. Is owned or controlled by the entity or person.
60 2. Is intended to be private and is treated by the entity
61 or person as private because disclosure would harm the entity or
62 person.
63 3. Has not been disclosed except as required by law or a
64 private agreement that provides that the information will not be
65 released to the public.
66 4. Is not publicly available or otherwise readily
67 ascertainable through proper means from another source in the
68 same configuration as received by the department.
69 5. Includes:
70 a. Trade secrets as defined in s. 688.002.
71 b. Competitive interests, the disclosure of which would
72 impair the competitive advantage of the business operations of
73 the entity or person who is the subject of the information.
74 (e) This subsection is subject to the Open Government
75 Sunset Review Act in accordance with s. 119.15 and shall stand

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CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
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 1461 2024

76 repealed on October 2, 2029, unless reviewed and saved from
77 repeal through reenactment by the Legislature.
78 Section 2. The Legislature finds that it is a public
79 necessity that all information received by the Department of
80 Legal Affairs pursuant to a notification of a violation of s.
81 501.174, Florida Statutes, or received by the department
82 pursuant to an investigation by the department or a law
83 enforcement agency of a violation of that section, be made
84 confidential and exempt from s. 119.07(1), Florida Statutes, and
85 s. 24(a), Article I of the State Constitution for the following
86 reasons:
87 (1) A notification of a violation of s. 501.174, Florida
88 Statutes, may result in an investigation of such violation. The
89 premature release of such information could frustrate or thwart
90 the investigation and impair the ability of the department to
91 effectively and efficiently administer s. 501.174, Florida
92 Statutes. In addition, release of such information before
93 completion of an active investigation could jeopardize the
94 ongoing investigation.
95 (2) Release of information to which another public records
96 exemption applies once an investigation is completed or ceases
97 to be active would undo the specific statutory exemption
98 protecting that information.
99 (3) An investigation of a violation of s. 501.174, Florida
100 Statutes, is likely to result in the gathering of sensitive

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hb1461-00
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 1461 2024

101 personal information, including identification numbers, unique
102 identifiers, professional or employment-related information, and
103 personal financial information. Such information could be used
104 for the purpose of identity theft. The release of such
105 information could subject possible victims of data privacy
106 violations to further harm.
107 (4) Notices received by the department and information
108 received during an investigation of a violation of s. 501.174,
109 Florida Statutes, are likely to contain proprietary information.
110 Such information, including trade secrets, derives independent,
111 economic value, actual or potential, from being generally
112 unknown to, and not readily ascertainable by, other persons who
113 might obtain economic value from its disclosure or use. Allowing
114 public access to proprietary information, including a trade
115 secret, through a public records request could destroy the value
116 of the proprietary information and cause a financial loss to the
117 entity or person. Release of such information could give
118 business competitors an unfair advantage.
119 (5) Information received by the department may contain a
120 computer forensic report or information that could reveal
121 weaknesses in the data security of the business operations of
122 the entity or person. The release of this information could
123 result in the identification of vulnerabilities in the
124 cybersecurity system of the business operations of the entity or
125 person and be used to harm the entity or person and clients.

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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 1461 2024

126 (6) The harm that may result from the release of
127 information received by the department pursuant to a
128 notification or investigation by the department or a law
129 enforcement agency of a violation of s. 501.174, Florida
130 Statutes, could impair the effective and efficient
131 administration of the investigation and thus, outweighs the
132 public benefit that may be derived from the disclosure of the
133 information.
134 Section 3. This act shall take effect on the same date
135 that HB 1459 or similar legislation takes effect, if such
136 legislation is adopted in the same legislative session or an
137 extension thereof and becomes a law.

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hb1461-00
COMMERCE COMMITTEE

HB 1461 by Rep. McFarland
Pub. Rec./Investigations by the Department of Legal Affairs

AMENDMENT SUMMARY
January 23, 2024

Amendment 1 by Rep. McFarland (strike-all):
• Clarifies that the public record exemption applies to information held by the Department
of Legal Affairs to ensure records received or created by the department relating to its
investigations of certain entities and persons is protected.
• Clarifies that information that is otherwise confidential or exempt remains protected at
the conclusion of the investigation.
• Removes a duplicative public record exemption for trade secrets.
• Conforms the public necessary statement to the changes made to the public record
exemption.
• Makes a technical change to conform the bill to changes made in the PCS for HB 1459,
to which this bill is linked.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (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: Commerce Committee
2 Representative McFarland offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Subsection (8) of section 501.174, Florida
7 Statutes, as created by HB 1459 or similar legislation, 2024
8 Regular Session, is renumbered as subsection (9) and a new
9 subsection (8) is added to that section to read:
10 501.174 Artificial intelligence transparency.—
11 (8)(a) All information held by the department pursuant to
12 a notification of a violation under this section or an
13 investigation of a violation of this section is confidential and
14 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution, until such time as the investigation is completed

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2024)
Amendment No. 1

16 or ceases to be active. This exemption shall be construed in
17 conformity with s. 119.071(2)(c).
18 (b) During an active investigation, information made
19 confidential and exempt pursuant to paragraph (a) may be
20 disclosed by the department:
21 1. In the furtherance of its official duties and
22 responsibilities;
23 2. For print, publication, or broadcast if the department
24 determines that such release would assist in notifying the
25 public or locating or identifying a person that the department
26 believes to be a victim of an improper use or disposal of
27 customer records, except that information made confidential and
28 exempt by paragraph (c) may not be released pursuant to this
29 subparagraph; or
30 3. To another governmental entity in the furtherance of
31 its official duties and responsibilities.
32 (c) Upon completion of an investigation or once an
33 investigation ceases to be active, the following information
34 held by the department shall remain confidential and exempt from
35 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
36 1. Information that is otherwise confidential or exempt
37 from s. 119.07(1) and s. 24(a), Art. I of the State
38 Constitution.
39 2. Personal identifying information.
40 3. A computer forensic report.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2024)
Amendment No. 1

41 4. Information that would otherwise reveal weaknesses in
42 the data security of an entity or person.
43 5. Information that would disclose the proprietary
44 information of an entity or person.
45 (d) For purposes of this section, the term "proprietary
46 information" means information that:
47 1. Is owned or controlled by the entity or person.
48 2. Is intended to be private and is treated by the entity
49 or person as private because disclosure would harm the entity or
50 person or its business operations.
51 3. Has not been disclosed except as required by law or a
52 private agreement that provides that the information will not be
53 released to the public.
54 4. Is not publicly available or otherwise readily
55 ascertainable through proper means from another source in the
56 same configuration as received by the department.
57 5. Reveals competitive interests, the disclosure of which
58 would impair the competitive advantage of the entity or person
59 who is the subject of the information.
60 (e) This subsection is subject to the Open Government
61 Sunset Review Act in accordance with s. 119.15 and shall stand
62 repealed on October 2, 2029, unless reviewed and saved from
63 repeal through reenactment by the Legislature.
64 Section 2. The Legislature finds that it is a public
65 necessity that all information held by the Department of Legal
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2024)
Amendment No. 1

66 Affairs pursuant to a notification of a violation of s.
67 501.1736, Florida Statutes, or an investigation of a violation
68 of that section, be made confidential and exempt from s.
69 119.07(1), Florida Statutes, and s. 24(a), Article I of the
70 State Constitution for the following reasons:
71 (1) A notification of a violation of s. 501.1736, Florida
72 Statutes, may result in an investigation of such violation. The
73 premature release of such information could frustrate or thwart
74 the investigation and impair the ability of the department to
75 effectively and efficiently administer s. 501.1736, Florida
76 Statutes. In addition, release of such information before
77 completion of an active investigation could jeopardize the
78 ongoing investigation.
79 (2) Release of information that is otherwise confidential
80 or exempt from public records requirements once an investigation
81 is completed or ceases to be active would undo the specific
82 statutory exemption protecting that information; thus,
83 clarifying that any protections currently afforded to such
84 information are not removed.
85 (3) An investigation of a violation of s. 501.1736,
86 Florida Statutes, is likely to result in the gathering of
87 sensitive personal identifying information, which could include
88 identification numbers, unique identifiers, professional or
89 employment-related information, and personal financial
90 information. Such information could be used for the purpose of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2024)
Amendment No. 1

91 identity theft. The release of such information could subject
92 families to possible privacy violations, as it would reveal
93 information of a sensitive personal nature.
94 (4) Notices received by the department and information
95 generated during an investigation of a violation of s. 501.1736,
96 Florida Statutes, are likely to contain proprietary information.
97 Such information derives independent, economic value, actual or
98 potential, from being generally unknown to, and not readily
99 ascertainable by, other persons who might obtain economic value
100 from its disclosure or use. Allowing public access to
101 proprietary information through a public records request could
102 destroy the value of the proprietary information and cause a
103 financial loss to the entity or person. Release of such
104 information could give business competitors an unfair advantage.
105 (5) Information held by the department may contain a
106 computer forensic report or information that could reveal
107 weaknesses in the data security of an entity or person. The
108 release of this information could result in the identifica tion
109 of vulnerabilities in the cybersecurity system of the entity or
110 person and be used to harm the entity or person and clients.
111 (6) The harm that may result from the release of
112 information held by the department pursuant to a notification or
113 investigation of a violation of s. 501.1736, Florida Statutes,
114 could impair the effective and efficient administration of the

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2024)
Amendment No. 1

115 investigation and thus, outweighs the public benefit that may be
116 derived from the disclosure of the information.
117 Section 3. This act shall take effect on the same date
118 that HB 1459 or similar legislation takes effect, if such
119 legislation is adopted in the same legislative session or an
120 extension thereof and becomes a law.
121
122 -----------------------------------------------------
123 T I T L E A M E N D M E N T
124 Remove lines 5-6 and insert:
125 investigations by the Department of Legal Affairs of certain
126 artificial

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PCS for HB 133
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 133 Criminal History of Licensees and Employees
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Wright Hamon

SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) regulates and licenses several Florida
professions, including barbers and cosmetologists. In 2019, the Legislature created a time-limited review
process for considering the criminal history of applicants for licensure as a barber or cosmetologist. Under s.
455.213(3)(b)1., F.S., the Barbers’ Board and Board of Cosmetology may only deny an application for
licensure on the basis of an applicant’s criminal history for:
 A conviction for a crime that occurred within five years of the date of the receipt of an application for
licensure, or
 A criminal history record that includes a forcible felony or crime that would require a person, upon
conviction, to register as a sexual predator, if such crime relates to the practice of the applicable
profession.

Related to barber and cosmetology licenses, the bill reduces the time frame to look back at and use a criminal
conviction as grounds to deny an application for licensure as a barber or cosmetologist from five years to three
years.

The bill allows a board to consider an applicant’s criminal history, regardless of when a conviction occurred if
the applicant was convicted of a crime at any time during the three-year period immediately preceding the
application. Boards may also continue to consider forcible felonies and crimes that require a person to register
as a sexual predator regardless of when they occurred if they relate to the practice of the profession as a
barber or cosmetologist.

The bill requires the Barbers’ Board and Board of Cosmetology to approve educational program credits
received from vocational training programs or industry certification programs offered to inmates in any
correctional institution or facility to satisfy training requirements for licensure as a barber or cosmetologist.

DBPR also administers and enforces the Beverage Law, which requires licenses for businesses in the alcohol
industry and payment of various associated fees and taxes. A provision in the Beverage Law, s. 562.13(3),
F.S., prohibits a licensed alcohol vendor from employing a manager or bartender who has been convicted of
certain crimes within the prior five years.

Related to professions under the Beverage Law, the bill repeals s. 562.13(3), F.S., to allow any licensed
alcohol vendor to employ any manager or bartender with certain criminal history.

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

The bill has 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: pcs0133.COM
DATE: 1/19/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Department of Business and Professional Regulation

The Department of Business and Professional Regulation (DBPR) has 12 divisions that regulate
several Florida professions and businesses.1

Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
profession, or vocation regulated by DBPR in the Divisions of Certified Public Accounting, Professions,
Real Estate, and Regulation.”2 Chapter 455, F.S., provides general DBPR powers and sets forth the
procedural and administrative framework for all professional DBPR boards.3

Barbers
The Barbers’ Board under DBPR governs the regulation and licensing of barbers and barbershops in
the state. A barber license is required to perform barbering services. 4 Barbering services include hair
services and limited skin care services when done for compensation, but not for medical purposes.5

To be eligible for a barber license, an applicant must: 6
 Be at least 16 years old,
 Complete the required training,
 Pass the written examination,
 Not have a disqualifying criminal record, and
 Pay an application fee.

Cosmetologists
The Board of Cosmetology under DBPR governs the licensing and regulation of cosmetologists, nail
specialists, facial specialists, full specialists, and related salons in the state. A cosmetology license or a
specialty registration is required to perform cosmetology services. Cosmetology services include hair
services, nail services, and skin care services when done for compensation, but not for medical
purposes.7

To be eligible for a cosmetology or specialty license, an applicant must:8
 Be at least 16 years old or have a high school diploma,
 Complete the required training,
 Pass the licensure examination (if applicable),
 Not have a disqualifying criminal record, and
 Pay an application fee.

Criminal History – Barbers and Cosmetologists

1
The divisions include: Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting; Drugs, Devices, and Cosmetics; Florida
Condominiums, Timeshares, and M obile Homes; Hotels and Restaurants; Pari-mutuel Wagering; Professions; Real Estate; Regulation; Service
Operations; and Technology. S. 20.165, F.S.
2
S. 455.01(6), F.S.
3
DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of Legal Affairs, by retaining private
counsel, or by providing DBPR staff counsel. Ss. 455.203 and 455.221(1), F.S.
4
S. 476.144(1), F.S.
5
S. 476.034(2), F.S.
6
S. 476.114, F.S.
7
S. 477.013(4), F.S.
8
S. 477.019(2), F.S.
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In 2019, the Legislature created a time-limited review process for considering the criminal history of
applicants for specified professions, including barbers and cosmetologists. 9 Section 455.213(3)(b)1.,
F.S., provides the Barbers’ Board and Board of Cosmetology may only deny an application for licensure
on the basis of an applicant’s criminal history for:
 A conviction10 for a crime that occurred within five years of the date of the receipt of an
application for licensure, or
 A criminal history record that includes a forcible felony or a crime that would require a person,
upon conviction, to register as a sexual predator, if such crime relates to the practice of the
applicable profession.

Sexual Predators

A person is a sexual predator in Florida if he or she:
 Was convicted of a qualifying offense committed on or after October 1, 1993; and
 Has not received a pardon or otherwise had the conviction set aside for the qualifying offense.

Qualifying convictions for sexual predator designation include:
 Capital, life, or first degree felony kidnapping or false imprisonment, when the victim is a minor
and there is a sexual component to the crime;11
 Capital, life, or first degree felony sexual battery;12
 Capital, life, or first degree felony lewd or lascivious battery or molestation; 13
 Capital, life, or first degree felony selling or buying minors to engage in sexually explicit
conduct;14
 An offense that would require registration as a sexual offender, other than transmission of child
pornography by electronic device or transmission of material harmful to minors, by a person with
a prior conviction for a sexual offense;15 or
 A conviction for a similar offense committed in another jurisdiction. 16

The court must make written findings designating a person who meets the criteria as a sexual
predator.17

Forcible Felonies

Section 776.08, F.S., defines a forcible felony as any of the following crimes:
 Treason;
 Murder;
 Manslaughter;
 Sexual battery;
 Carjacking;
 Home-invasion robbery;
 Robbery;
 Burglary;
 Arson;
 Kidnapping;
 Aggravated assault;
 Aggravated battery;
 Aggravated stalking;

9
Ch. 2019-167, Laws of Fla.
10
For purpose of licensing, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication
is withheld. S. 455.213(3)(b)1., F.S.
11
Ss. 787.01 and 787.02, F.S.; Raines v. State, 805 So.2d 999 (Fla. 4th DCA 2001).
12
S. 794.011, F.S.
13
S. 800.04, F.S.
14
S. 847.0145, F.S.
15
S. 775.21(4)(a)1.b., F.S.
16
S. 775.21(4), F.S.
17
Ss. 775.21(4)(c) and 775.21(5), F.S.
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 Aircraft piracy;
 Unlawful throwing, placing, or discharging of a destructive device or bomb; and
 Any other felony that involves the use or threat of physical force or violence against any
individual.

Vocational Training in Correctional Facilities

The Florida Department of Corrections Bureau of Education partners with state colleges, technical
colleges, and community education organizations to provide vocational training in 37 trades to
incarcerated inmates.18 Included in these vocational programs are barbering programs at Blackwater
River Correctional Facility,19 Graceville Correctional Facility,20 and Lake City Correctional Facility,21 as
well as cosmetology programs at Lowell Correctional Institution, 22 Homestead Correctional Institution,23
and Gadsden Correctional Facility.24

Beverage Law

The Division of Alcoholic Beverages and Tobacco (ABT) in DBPR administers and enforces the
Beverage Law.25

In general, the Beverage Law 26 provides for a structured three-tiered distribution system consisting of
the manufacturer, distributor, and vendor.27 The manufacturer creates the beverages. The distributor
obtains the beverages from the manufacturer and delivers them to the vendor. The vendor makes the
ultimate sale to the consumer.28

Florida has adopted the three-tier system. Exceptions to the three-tier regulatory system permit in-state
wineries,29 breweries,30 and craft distilleries to be licensed as a vendor and sell directly to consumers
under certain circumstances.31

Currently, it is unlawful for any licensed vendor to employ a manager or a bartender who has, within the
prior five years, been convicted:32
 Of any offense against the beverage laws of Florida, the United States, or any other state.
 In this state or any other state or the United States of soliciting for prostitution, pandering, letting
premises for prostitution, keeping a disorderly place, or any felony violation of the Florida
Comprehensive Drug Abuse Prevention and Control Act,33 or the controlled substances act of
any other state or the United States.
 Of any felony in this state, any other state, or the United States.

The term “conviction” is defined to “include an adjudication of guilt on a plea of guilty or nolo contendere
or forfeiture of a bond when such person is charged with a crime.”34

18
Florida Department of Corrections, Bureau of Education, http://www.dc.state.fl.us/development/programs.html (last visited Nov. 1, 2023).
19
Florida Department of Corrections, Blackwater River Correctional Facility, http://www.dc.state.fl.us/ci/185.html (last visited Nov. 1, 2023).
20
Florida Department of Corrections, Graceville Correctional Facility, http://www.dc.state.fl.us/ci/159.html (last visited Nov. 1, 2023).
21
Florida Department of Corrections, Lake City Correctional Facility, http://www.dc.state.fl.us/ci/219.html (last visited Nov. 1, 2023).
22
Florida Department of Corrections, Lowell Correctional Institution, http://www.dc.state.fl.us/ci/314.html (last visited Nov. 1, 2023).
23
Florida Department of Corrections, Homestead Correctional Institution, http://www.dc.state.fl.us/ci/419.html (last visited Nov. 1, 2023).
24
Florida Department of Corrections, Gadsden Correctional Facility, http://www.dc.state.fl.us/ci/111.html (last visited Nov. 1, 2023).
25
S. 561.02, F.S.
26
S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
27
See s. 561.14, F.S.
28
S. 561.14(3), F.S.
29
See s. 561.221(1), F.S.
30
See s. 561.221(2), F.S.
31
See s. 565.03, F.S.
32
S. 562.13(3)(a), F.S.
33
Ch. 893, F.S.
34
S. 562.13(3)(a), F.S.
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These restrictions do not apply to the following vendors who operate places of business where
beverages are sold for consumption off the premises:35
 Vendors of malt beverages.36
 Vendors of beverages containing malt, wines, and fortified wines.37

Effect of Proposed Changes

Criminal History – Barbers and Cosmetologists

The bill amends s. 455.213, F.S., to reduce the time frame, from five years to three years, that an
applicable board may look back at and use a criminal conviction as grounds to deny an application for
licensure as a barber or cosmetologist.38

The bill provides the applicable board may consider an applicant’s criminal history, regardless of when
a conviction occurred if, at any time during the three-year period immediately preceding the application,
the applicant was convicted of a crime. Boards may also continue to consider forcible felonies and
crimes that require a person to register as a sexual predator regardless of when they occurred if they
relate to the practice of the profession as a barber or cosmetologist.

Vocational Training in Correctional Facilities

Beverage Law

The bill repeals s. 562.13(3), F.S., of the Beverage Law, to allow any licensed alcohol vendor to employ
any manager or bartender with certain criminal history.

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

B. SECTION DIRECTORY:
Section 1: Amends s. 455.213, F.S., relating to general licensing provisions.
Section 2: Repeals s. 562.13(3), F.S., relating to employment of bartenders by certain vendors
prohibited; exceptions.
Section 3: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

35
S. 562.13(3)(b), F.S.
36
S. 563.02(1)(a), F.S.
37
S. 564.02(1)(a), F.S.
38
For purposes of calculating the recidivism rate for inmates released from custody, the Florida Department of Corrections uses the definition of
“recidivism” in s. 945.041(2), F.S., which means an inmate’s rearrest, reconviction, reincarceration, or probat ion revocation within a three-year time
period following the inmate’s release from incarceration.
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DATE: 1/19/2024
1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more people to become licensed as barbers or cosmetologists, or employed as
managers or bartenders, by reducing disqualifications to licensure or employment.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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

PCS for HB 133 2024

1 A bill to be entitled
2 An act relating to criminal history of licensees and
3 employees; amending s. 455.213, F.S.; providing a
4 period of time when a conviction, or any other
5 adjudication, for a crime may not be grounds for
6 denial of licensure as a barber or cosmetologist;
7 providing an exception; requiring the applicable board
8 to approve certain educational program credits offered
9 to inmates in certain institutions or facilities for
10 purposes of satisfying training requirements for
11 licensure as a barber or cosmetologist; amending s.
12 562.13; F.S.; repealing a provision prohibiting the
13 employment of managers and bartenders by certain
14 vendors; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (b) of subsection (3) of section
19 455.213, Florida Statutes, is amended, paragraph (f) is added to
20 that subsection, and paragraph (a) of that subsection is
21 republished, to read:
22 455.213 General licensing provisions.—
23 (3)(a) Notwithstanding any other law, the applicable board
24 shall use the process in this subsection for review of an
25 applicant's criminal record to determine his or her eligibility

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PCS for HB 133 2024

26 for licensure as:
27 1. A barber under chapter 476;
28 2. A cosmetologist or cosmetology specialist under chapter
29 477;
30 3. Any of the following construction professions under
31 chapter 489:
32 a. Air-conditioning contractor;
33 b. Electrical contractor;
34 c. Mechanical contractor;
35 d. Plumbing contractor;
36 e. Pollutant storage systems contractor;
37 f. Roofing contractor;
38 g. Sheet metal contractor;
39 h. Solar contractor;
40 i. Swimming pool and spa contractor;
41 j. Underground utility and excavation contractor; or
42 k. Other specialty contractors; or
43 4. Any other profession for which the department issues a
44 license, provided the profession is offered to inmates in any
45 correctional institution or correctional facility as vocational
46 training or through an industry certification program.
47 (b)1. A conviction, or any other adjudication, for a crime
48 more than 3 years before the date the application is received by
49 the applicable board may not be grounds for denial of a license
50 specified in subparagraph (a)1. or subparagraph (a)2. unless the

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51 applicant was convicted of a crime at any time during the 3-year
52 period immediately preceding the application. A conviction, or
53 any other adjudication, for a crime more than 5 years before the
54 date the application is received by the applicable board may no t
55 be grounds for denial of a license specified in subparagraph
56 (a)3. or subparagraph (a)4. paragraph (a). For purposes of this
57 paragraph, the term "conviction" means a determination of guilt
58 that is the result of a plea or trial, regardless of whether
59 adjudication is withheld. This paragraph does not limit the
60 applicable board from considering an applicant's criminal
61 history that includes a crime listed in s. 775.21(4)(a)1. or s.
62 776.08 at any time, but only if such criminal history has been
63 found to relate to the practice of the applicable profession.
64 2. The applicable board may consider the criminal history
65 of an applicant for licensure under subparagraph (a)3. if such
66 criminal history has been found to relate to good moral
67 character.
68 (f) The applicable board shall approve educational program
69 credits offered to inmates in any correctional institution or
70 correctional facility as vocational training or through an
71 industry certification program for purposes of satisfying
72 applicable training requirements for licensure in a profession
73 under subparagraph (a)1. or subparagraph (a)2.
74 Section 2. Subsection (3) of section 562.13, Florida
75 Statutes, is amended to read:

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76 562.13 Employment of minors or certain other persons by
77 certain vendors prohibited; exceptions.—
78 (3)(a) It is unlawful for any vendor licensed under the
79 beverage law to employ as a manager or person in charge or as a
80 bartender any person:
81 1. Who has been convicted within the last past 5 years of
82 any offense against the beverage laws of this state, the United
83 States, or any other state.
84 2. Who has been convicted within the last past 5 years in
85 this state or any other state or the United States of soliciting
86 for prostitution, pandering, letting premises for prostitution,
87 keeping a disorderly place, or any felony violation of chapter
88 893 or the controlled substances act of any other state or the
89 Federal Government.
90 3. Who has, in the last past 5 years, been convicted of
91 any felony in this state, any other state, or the United States.
92
93 The term "conviction" shall include an adjudication of guilt on
94 a plea of guilty or nolo contendere or forfeiture of a bond when
95 such person is charged with a crime.
96 (b) This subsection shall not apply to any vendor licensed
97 under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
98 Section 3. This act shall take effect July 1, 2024.

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PCS for HB 1459
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1459 Advanced Technology
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Wright Hamon

SUMMARY ANALYSIS
Artificial intelligence (AI) encompasses a large field of existing and emerging technologies, methodologies, and
application areas. AI is generally thought of as computerized systems that work and react in ways commonly
thought to require intelligence. The application of AI extends to areas such as natural language processing,
facial recognition, and robotics. As the use of AI technologies has grown, so too have discussions of whether
and how to regulate them. Potential regulatory options include a broad regulation of AI technologies that could
be used across sectors, or a more targeted approach, regulating the use of AI technologies in particular
sectors.

The bill:
 Requires an entity or person who produces or offers for use or interaction AI content or technology for a
commercial purpose, and makes such content or technology available to the Florida public, to create
safety and transparency standards that:
o Alert consumers that such content or technology is generated by AI.
o Allow such content or technology to be recognizable as generated by AI to other AI.
 Requires an entity or a person to provide a clear and conspicuous notice on its Internet homepage or
landing page if it provides an AI mechanism to communicate or interact with Florida consumers for a
commercial purpose.
 Prohibits any entity or person from knowingly using an image of an identifiable child in producing,
generating, incorporating, or synthesizing child pornography through AI.
 Requires any state agency that uses AI to disclose if a person is interacting with AI when interacting
with the agency and ensure that any confidential information accessible to an AI system remains
confidential.

Any violation of the provisions of the bill by a person or entity is an unfair and deceptive trade practice
actionable under FDUTPA solely by the Department of Legal Affairs at the Attorney General’s Office. The bill
does not establish a private cause of action.

The bill amends the definition of child pornography to include “any image or presentation produced, generated,
incorporated, or synthesized through artificial intelligence that uses an image of an identifiable minor to depict
or portray a minor engaged in sexual conduct,” which makes using such technology for such purposes a crime.

The bill also creates an advisory council called the Government Technology Modernization Council to study
and monitor the development and deployment of AI systems and provide reports on such systems to the
Governor and the Legislature.

The bill has no fiscal impact on local governments, and an indeterminate fiscal impact on state 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: pcs1459.COM
DATE: 1/21/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Artificial Intelligence

In the 1950s, a generation of scientists, mathematicians, and philosophers, including Alan Turing,
conceptualized the possibility of artificial intelligence (AI). In his 1950 paper Computing Machinery and
Intelligence, Turing discussed “how to build intelligent machines and how to test their intelligence.”1

The term “artificial intelligence” itself was coined at the Dartmouth Summer Research Project on
Artificial Intelligence, a conference held in 1956. Since 2010, there has been a lot of advancement in AI
research, which has been attributed to the “availability of large datasets, improved machine learning
approaches and algorithms, and more powerful computers.”2

Generative Artificial Intelligence

Generative AI (GenAI) refers to “machine learning (ML) models developed through training on large
volumes of data” for the purpose of generating new content, and has undergone rapid advancement
over the past few years.5

GenAI, and subsets called large language models (LLMs) and generative adversarial networks (GANs),
are developed through training on data sets, largely collected from public internet sites, in order to
generate content. When a user provides a prompt, the model may generate text, image, video, and
computer code responses with “human-like quality.” The Congressional Research Service found that
recent technological advances combined with the open availability of these tools to the public has led to
widespread use.6

Specifically, to synthesize content, a GAN pits two neural networks—a generator and discriminator—
against each other. Two scholars from the University of Texas at Austin describe the functionality as
follows: “To synthesize an image of a fictional person, the generator starts with a random array of pixels
and iteratively learns to synthesize a realistic face. On each iteration, the discriminator learns to
distinguish the synthesized face from a corpus of real faces; if the synthesized face is distinguishable
from the real faces, then the discriminator penalizes the generator. Over multiple iterations, the
generator learns to synthesize increasingly more realistic faces until the discriminator is unable to
distinguish it from real faces.”7

1
Rockwell Anyoha, Can Machines Think?, Harvard University, Aug. 28, 2017, https://sitn.hms.harvard.edu/flash/2017/history -artificial-intelligence/
(last visited Jan. 20, 2024).
2
Congressional Research Service, Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118 th Congress, available at
https://crsreports.congress.gov/product/pdf/R/R47644 (last visited Jan. 20, 2024).
3
Id.
4
Id.
5
Id.; See also Congressional Research Service, Generative Artificial Intelligence: Overview, Issues, and Questions for Congress, available at
https://crsreports.congress.gov/product/pdf/IF/IF12426 (last visited Jan. 14, 2024).
6
CRS, supra note 1.
7
Sophie Nightingale and Hany Ford, AI-synthesized faces are indistinguishable from real faces and more trustworthy, Proceedings of the National
Academy of Sciences of the United States of America (PNAS), Feb. 14, 2022, https://www.pnas.org/doi/10.1073/pnas.2120481119 (last visited Jan.
20, 2024).
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Potential Benefits and Risks of Artificial Intelligence

According to PricewaterhouseCoopers, “AI technologies could increase global GDP by $15.7 trillion, a
full 14%, by 2030,” with health, retail, and financial services experiencing the most growth. 8 Some
potential benefits include:
 Financial sector –The use of AI and algorithms in the financial sector may: 9
o Make decision-making more efficient, less emotional, and more analytic for investing,
portfolio management, loan applications, mortgages and retirement planning.
o Prevent fraud and detect financial anomalies in large institutions.
 Health Sector – The use of AI and algorithms in the health sector may:10
o Help diagnose and predict disease or illness.
o Help predict potential challenges and allocate resources to patient education, sensing,
and proactive interventions to keep patients out of the hospital.
o Create a multifaceted and highly personalized picture of person’s well-being.
 Transportation Sector – The use of AI and algorithms in the transportation sector may:
o Develop vehicle guidance, braking, and lane-changing systems for cars, trucks, buses,
and drone delivery systems.
o Develop systems to prevent collisions with the use of cameras and sensors.
o Provide real-time information analysis and safety measures for the development of
autonomous vehicles.
 Government Sector – The use of AI and algorithms in the government sector may:11
o Help to create smart cities and e-governance. Examples include:
 The George AI chatbot, a customer service virtual assistant created by the
Georgia Department of Labor.
 AI monitoring of live footage from cameras in forests and mountains for signs of
smoke by western states including California, Nevada, and Oregon.
o Help metropolitan areas adopt systems for citizen service delivery, urban and
environmental planning, energy use, and crime prevention.
 Customer Service – The use of AI and algorithms in customer service may:12
o Provide customer service to consumers through the use of chatbots and other customer
service-oriented tools to increase customer engagement, resulting in increased sales
opportunities with reduced costs to the business.

However, developments in AI raise important policy, regulatory and ethical issues. Potential risks are
associated with removing humans from the decision-making process, as is the case when AI
technology becomes more advanced over time.13 Some potential risks include:
 Bias:14
o Because AI algorithms are all based on data input by humans, and such data is based
on human choices, responses or decisions, there is a risk that such algorithms can
contain bias, inaccuracies, ethical considerations, and value choices, which can take
many forms including historical, racial, or other discrimination, without intervention.
 Workforce:15
o Integrating AI into the workforce brings uncertainty and challenge to the labor market,
e.g., to what extent will AI replace jobs. There may need to be significant investments
from business leaders and governments for retraining and reskilling the workforce.
 Legal Liability:16

8
National Conference of State Legislatures, Approaches to Regulating Artificial Intelligence: A Primer, Aug. 10, 2023,
https://www.ncsl.org/technology -and-communication/approaches-to-regulating-artificial-intelligence-a-primer (last visited Jan. 20, 2024).
9
Id.; Darrell West and John Allen, How artificial intelligence is transforming the world, Brookings Institute, Apr. 24, 2018,
https://www.brookings.edu/articles/how-artificial-intelligence-is-transforming-the-world/ (last visited Jan. 20, 2024).
10
NCSL, supra note 6.
11
Id.
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
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oThere are questions concerning who is legally liable when AI systems harm or
discriminate against people, especially as new and emerging use cases for AI platforms
are developed and integrated.
 Security Risks:17
o AI systems present cybersecurity and national security risks, including:
 AI companies collecting large amounts of personal data for AI training and use.
 Bad actors developing advanced cyberattacks, bypassing security measures,
and exploiting vulnerabilities in various private and public systems.
o Traditional cybersecurity risk assessment tools are generally inadequate for addressing
such risks.

Efforts to Regulate Artificial Intelligence

As the use of AI technologies has grown, so too have discussions of whether and how to regulate
them. Potential regulatory options include a broad regulation of AI technologies that could be used
across sectors, or a more targeted approach, regulating the use of AI technologies in particular
sectors.18

In 2023, 31 states introduced at least 191 bills concerning AI, with 14 of the bills becoming laws.19 As
reported by the National Conference of State Legislatures:20
 Connecticut required the state Department of Administrative Services to conduct an inventory of
all systems that employ AI and are in use by any state agency and, beginning Feb. 1, 2024,
perform ongoing assessments of systems that employ AI and are in use by state agencies to
ensure that no such system results in unlawful discrimination or disparate impact.
 Louisiana adopted a resolution requesting the Joint Committee on Technology and
Cybersecurity to study the impact of AI in operations, procurement and policy.
 Maryland established the Industry 4.0 Technology Grant Program to assist certain small and
medium-sized manufacturing enterprises with implementing new “industry 4.0” technology or
related infrastructure. The definition of industry 4.0 includes AI.
 Texas, North Dakota, Puerto Rico, and West Virginia created AI advisory councils to study and
monitor AI systems developed, employed or procured by state agencies.

Additionally, the following laws were passed in previous years:
 California prohibits any person from using a bot to communicate or interact with another person
online with the intent to mislead the other person about its artificial identity in order to incentivize
a purchase or sale of goods or services in a commercial transaction or to influence a vote in an
election.21
 Illinois requires an employer that asks applicants to record video interviews and uses an AI
analysis of applicant-submitted videos to:22
o Notify each applicant in writing before the interview that AI may be used to analyze the
applicant's facial expressions and consider the applicant's fitness for the position;
o Provide each applicant with an information sheet before the interview explaining how the
AI works and what characteristics it uses to evaluate applicants; and
o Obtain written consent from the applicant to be evaluated by the AI program.

While there is no broad framework for AI regulation in the United States, federal laws on AI have been
enacted over the past few years to guide actions within the federal government. For example, the

17
Id; Bernard M arr, The 15 Biggest Risks Of Artificial Intelligence, Forbes, Jun. 2, 2023, https://www.forbes.com/sites/bernardmarr/2023/06/02/the-
15-biggest-risks-of-artificial-intelligence/?sh=603d66292706 (last visited Jan. 20, 2024).
18
CRS, supra note 2.
19
National Conference of State Legislatures, State of Play | An Inside Look at Artificial Intelligence Policy and State Actions, Jan. 9, 2024,
https://www.ncsl.org/state-legislatures-news/details/state-of-play-an-inside-look-at-artificial-intelligence-policy-and-state-actions (last visited Jan.
20, 2024).
20
National Conference of State Legislatures, Artificial Intelligence 2023 Legislation, Jan. 12, 2024, https://www.ncsl.org/technology -and-
communication/artificial-intelligence-2023-legislation (last visited Jan. 20, 2024).
21
Cal. B&P Code §§ 17940-17943
22
2019 IL Public Act 101-0260
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National Artificial Intelligence Initiative Act of 2020, establishes the American AI Initiative and provides
directions for AI research, development, and evaluation activities at federal science agencies.23

The European Union has proposed the Artificial Intelligence Act (AIA), which would create broad
regulatory oversight for the development and use of a wide range of AI applications, with requirements
varying by risk category, from banning systems with unacceptable risk to allowing free use of those with
minimal or no risk.24 In an effort to begin implementation of the AIA, a related new rule was agreed to
in December, 2023, which includes requiring human oversight in creating and deploying the systems
and banning indiscriminate scraping of images from the internet to create a facial recognition
database.25

Artificial Intelligence Used to Create Child Pornography

Recently, there has been an increase in AI production of child pornography. Offenders may use
downloadable open source GenAI and GAN models, which can produce images quickly, to devastating
effects.26 Hidden inside the foundation of popular AI image-generators are thousands of images of child
sexual abuse, which have made it easier for offenders and AI systems to produce realistic and explicit
imagery of fake children as well as transform social media photos of fully clothed children into child
sexual abuse material (CSAM).27

In September, 2023, analysts at the Internet Watch Foundation (IWF) found in one dark web CSAM
forum, a total of 20,254 AI-generated photos posted within the prior month. The analysts spent 87.5
hours assessing 11,108 of these images. In total, the IWF judged 2,978 images to be criminal. Most
were realistic enough to be treated the same way as non-AI CSAM.28

Additionally, Stanford Internet Observatory recently found more than 3,200 images of suspected child
sexual abuse in the giant AI database LAION, an index of online images and captions that’s been used
to train leading AI image-makers.29

Nishant Vishwamitra, an assistant professor at the University of Texas at San Antonio who is working
on the detection of deepfakes and AI CSAM images online, stated that “the scale at which such images
can be created is worrisome.”30

Child Pornography Laws

Federal Law

Generally, the First Amendment does not protect child pornography. In New York v. Ferber,31 the
United States Supreme Court (Supreme Court) recognized that states have a compelling interest in
safeguarding the physical and psychological well-being of minors and in preventing their sexual
exploitation and abuse. The Supreme Court noted that it was “unlikely that visual depictions of children
. . . lewdly exhibiting their genitals would often constitute an important and necessary part of a literary
performance or scientific or educational work.” 32 Under these principles, states have criminalized
possessing, distributing, and other acts involving child pornography. However, the constitutionality of

23
CRS, supra note 2.
24
Id; European Commission, Regulatory Framework Proposal on Artificial Intelligence, https://digital-strategy.ec.europa.eu/en/policies/regulatory -
framework-ai (last visited Jan. 20, 2024).
25
Adam Satariano, E.U. Agrees on Landmark Artificial Intelligence Rules, NY Times, Dec. 8, 2024,
https://www.nytimes.com/2023/12/08/technology/eu-ai-act-regulation.html (last visited Jan. 20, 2024).
26
M att Burgess, The AI-Generated Child Abuse Nightmare Is Here, Wired, Oct. 24, 2023, https://www.wired.com/story/generative-ai-images-child-
sexual-abuse/ (last visited Jan. 20, 2024).
27
M att O’Brien and Haleluya Hadero, Study shows AI image-generators are being trained on explicit photos of children, PBS NewsHour, Dec. 20,
2023, https://www.pbs.org/newshour/science/study -shows-ai-image-generators-are-being-trained-on-explicit-photos-of-children (Last visited Jan. 21,
2024).
28
Id.
29
O’Brien and Hadero, supra note 27.
30
Id.
31
458 U.S. 747 (1982).
32
Id. at 762-63.
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criminalizing such acts is less clear when the images at issue are morphed pornography, which is
created when the innocent image of a child is combined with a separate, sexually explicit image,
usually of an adult. The children depicted in these images were not harmed in the image, as they were
not photographed while engaging in a sexual or obscene act.33

Child Pornography Prevention Action of 1996

Prior to 1996, federal law criminalized a variety of acts relating to child pornography. 34 At that time,
federal statutes described images of a minor actually engaging in sexually explicit conduct. 35 In 1996,
Congress passed the Child Pornography Prevention Action of 1996 (CPPA),36 creating a definition of
“child pornography” that for the first time criminalized acts relating to morphed child pornography.

In 2002, the Supreme Court decided Ashcroft v. Free Speech Coalition,37 a case in which a California
trade association for the adult entertainment industry challenged the CPPA as unconstitutionally
overbroad. A provision made it a crime to possess or distribute images depicting sexually explicit
conduct which could be created by using advanced computer imaging techniques to “create realistic
images of children who do not exist” (i.e., virtual child pornography). 38

The Supreme Court held that the speech criminalized in the challenged provision of the CPPA violated
the First Amendment since it extended the federal prohibition against child pornography to sexually
explicit images that “appeared to” depict minors but were “produced without using any real
children.” 39 The Supreme Court decided that “by prohibiting child pornography that did not depict an
actual child,” the CPPA “abridged the freedom to engage in a substantial amount of lawful speech” and
was therefore overbroad and unconstitutional.40

While the Ashcroft decision did not specifically address the constitutionality of the CPPA provision that
prohibits morphed child pornography, it did note, in dictum, that “[a]lthough morphed images may
fall within the definition of virtual child pornography, they implicate the interests of real
children…” 41 This suggests that morphed child pornography may not be protected by the First
Amendment.42

Congress attempted to remedy the constitutional issues raised in Ashcroft by passing the
"Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act” (Protect Act) in
2003.43 The Protect Act, in part, narrowed the definition of virtual child pornography in the CPPA to
include only virtual or computer-generated images that are “indistinguishable from” images of actual
minors engaging in sexually explicit conduct.44 The definition of morphed child pornography in the
CPPA remained unchanged by the Protect Act.

To date, the federal statutes relating to morphed child pornography have been upheld. 45

33
Stacey Steinberg, Changing Faces: Morphed Child Pornography Images and the First Amendment, 68 Emory L.J. 909 (2019).
34
See, e.g., 18 USC §2252 (1994 ed.).
35
U.S. v. Hotaling, 599 F.Supp.2d 306, 309 (N.D.N.Y. 2008); see also 18 USC §§ 2252 and 2256 (1994 ed.).
36
Pub. L. No. 104-208.
37
535 U.S. 234 (2002).
38
Supra, note 8.
39
Supra, note 9, at 256.
40
Id.
41
Id. at 242.
42
McFadden v. Alabama, 67 So.3d 169, 181-82 (Ala. Crim. App. 2010).
43
Pub. L. No. 108-21.
44
18 USC §2256(8)(B).
45
In United States v. Bach, the defendant was convicted of possessing morphed child pornography. The image at issue showed a young nude boy
sitting in a tree, grinning, with his pelvis tilted upward, his legs opened wide, and a full erection. The photograph of a w ell-known child entertainer’s
head had been “skillfully inserted onto the photograph of the nude boy so that the resulting image appeared to be a nude pict ure of the child
entertainer sitting in the tree.” The defendant appealed, arguing that his conviction was invalid because the definition of morphed child pornography
violated the First Amendment. The United States Court of Appeals for the Eighth Circuit disagreed, holding that morphed child pornography
“implicate[s] the interests of real children” and creates a lasting record of an identifiable minor child seemingly engaged in sexually explicit activity.
United States v. Bach, 400 F.3d 622, 632 (8th Cir. 2005); United States v. Ramos, 685 F.3d 120, 134 (2d Cir. 2012), cert. denied, 133 S.Ct. 567
(2012); see also Doe v. Boland, 630 F.3d 491, 497 (6th Cir. 2011); see also United States v. Hotaling, 634 F.3d 725 (2d Cir. 2008), cert. denied, 132
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In 2014, in United States v. Anderson,46 the defendant was charged with distribution of morphed child
pornography relating to an image in which the face of a minor female was superimposed over the face
of an adult female engaging in sex with an adult male. 47 The defendant moved to dismiss the charge,
arguing that the definition of morphed child pornography was unconstitutionally overbroad.48 The court
noted that in the image at issue “no minor was sexually abused.” 49 However, the court held that
because such images falsely portray identifiable children engaging in sexual activity, such images
implicate the compelling governmental interest in protecting minors. 50 Using this reasoning, the court
applied a strict scrutiny balancing test and held that the definition of morphed child pornography was
constitutional as applied to the facts of Anderson.

In an MSNBC report, the U.S. Justice Department claims AI-generated CSAM may be prosecutable
under existing federal child pornography laws. However, the U.S. Justice Department could not show
such a prosecution to date.51

Florida Law

Currently, Florida law defines “child pornography” as:
 Any image depicting a minor engaged in sexual conduct; or
 Any image that has been created, altered, adapted, or modified by electronic, mechanical, or
other means, to portray an identifiable minor engaged in sexual conduct. 52

Current law defines “sexual conduct” as:
 Actual or simulated53 sexual intercourse, deviate sexual intercourse, sexual bestiality, 54
masturbation, or sadomasochistic abuse;55
 Actual or simulated lewd exhibition of the genitals;
 Actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if
such person is a female, breast, with the intent to arouse or gratify the sexual desire of either
party; or
 Any act or conduct which constitutes sexual battery56 or simulates that sexual battery is being or
will be committed.57, 58

As it relates to child pornography, Florida law defines “identifiable child” as a person:
 Who was a minor at the time the image was created, altered, adapted, or modified, or whose
image as a minor was used in the creating, altering, adapting, or modifying of the image; and
 Who is recognizable as an actual person by the person’s face, likeness, or other distinguishing
characteristic, such as a unique birthmark, or other recognizable feature. 59, 60

S.Ct. 843 (2011) (citing Bach, the Court held that “child pornography created by digitally altering sexually explicit photographs of adults to display
the face of a child is not protected expressive speech under the First Amendment.).
46
759 F.3d 891 (8th Cir. 2014).
47
Id.
48
Id.
49
Id. at 895.
50
Id. at 896.
51
Frank Figliuzzi, A loophole makes it hard to punish these despicable AI-generated nude photos, M SNBC, Nov. 7, 2023,
https://www.msnbc.com/opinion/msnbc-opinion/ai-generated-nudes-new-jersey-students-rcna123931 (last visited Jan. 20, 2024).
52
S. 827.071(1)(b), F.S.
53
“Simulated” means the explicit depiction of conduct set forth in current law which creates the appearance of such conduct and which exhibits any
uncovered portion of the breasts, genitals, or buttocks. S. 827.071(1)(n), F.S.
54
“Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or female
genitals of the other. S. 827.071(1)(k), F.S.
55
“Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically
restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself. S. 827.071(1)(i), F.S.
56
“Sexual battery” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital
penetration of another by any other object; however, “sexual battery” does not include an act done for a bona fide medical purpose. S. 827.071(1)(j),
F.S.
57
S. 827.071(1)(l), F.S.
58
A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.” Id.
59
S. 827.071(1)(e), F.S.
60
The term may not be construed to require proof of the actual identity of the identifiable minor. Id.
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Florida law contains a variety of provisions prohibiting acts relating to child pornography, including
under ch. 827, F.S., relating to “Abuse of Children,” and ch. 847, F.S., relating to “Obscenity.”

Current law makes it a:
 Second degree felony for a person to possess with the intent to promote any photograph,
motion picture, exhibition, show, representation, or other presentation which, in whole or in part,
includes child pornography. Possession of three or more copies of such photographs, etc., is
prima facie evidence of a person’s intent to promote.61
 Third degree felony for any person to knowingly possess, control, or intentionally view 62 a
photograph, motion picture, or other image that, in whole or in part, he or she knows includes
any child pornography.63
 Third degree felony for any person who knew or reasonably should have known that he or she
was transmitting child pornography to another.64

Advisory Councils

Under Florida law, an “advisory council” means an advisory body created by specific statutory
enactment and appointed to function on a continuing basis. Generally, an advisory council is enacted to
study the problems arising in a specified functional or program area of state government and to provide
recommendations and policy alternatives.65

The Code of Ethics for Public Officers and Employees 66 establishes ethical standards
for public officials, which includes any person elected or appointed to hold office in any agency and any
person serving on an advisory council.67 The code is intended to ensure that public officials conduct
themselves independently and impartially, and do not use their offices for private gain other than
compensation provided by law. The code pertains to various ethical issues, such as ethics trainings,
voting conflicts, full and public disclosure of financial interests, and standards of conduct.68

Florida Cybersecurity Advisory Council

The Department of Management Services (DMS) oversees information technology (IT) 69 governance
and security for the executive branch in Florida.70 The Florida Digital Service (FLDS) is housed within
DMS and was established in 2020 to replace the Division of State Technology. 71 FLDS works under
DMS to implement policies for information technology and cybersecurity for state agencies.72

An advisory council under Chapter 282, F.S., regulating communications, technology, and
cybersecurity, is the Florida Cybersecurity Advisory Council (CAC) within DMS.73 CAC assists state
agencies in protecting IT resources from cyber threats and incidents. 74 The CAC must assist FLDS in

61
S. 827.071(4), F.S.
62
“Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a
single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation was viewed over any period of
time. S. 827.071(1)(b), F.S.
63
S. 827.071(5)(a), F.S. The statute also specifies that the possession, control, or intentional viewing of each such photograph, or other image, is a
separate offense. If such photograph or other image includes child pornography depicting more than one child, then each child in each photograph or
image that is knowingly possessed, controlled, or intentionally viewed is a separate offense.
64
S. 847.0137, F.S.
65
S. 20.03(7), F.S.; See also s. 20.052, F.S.
66
See Part III, Chapter 112, F.S.
67
S. 112.313(1), F.S.
68
See Part III, Chapter 112, F.S.
69
The term “information technology” means equipment, hardware, software, firmware, programs, systems, networks, infrastructure, media, and
related material used to automatically, electronically, and wirelessly collect, receive, access, transmit, display, st ore, record, retrieve, analyze,
evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, converge, interface, sw itch, or disseminate
information of any kind or form. S. 282.0041(19), F.S.
70
See s. 20.22, F.S.
71
Ch. 2020-161, L.O.F.
72
See s. 20.22(2)(b), F.S.
73
S. 282.319(1), F.S.
74
S. 282.319(2), F.S.
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implementing best cybersecurity practices, taking into consideration the final recommendations of the
Florida Cybersecurity Task Force – a task force created to review and assess the state’s cybersecurity
infrastructure, governance, and operations.75 The CAC meets at least quarterly to:
 Review existing state agency cybersecurity policies;
 Assess ongoing risks to state agency IT;
 Recommend a reporting and information sharing system to notify state agencies of new risks ;
 Recommend data breach simulation exercises;
 Assist FLDS in developing cybersecurity best practice recommendations; and
 Examine inconsistencies between state and federal law regarding cybersecurity. 76

The CAC must work with NIST77 and other federal agencies, private sector businesses, and private
security experts to identify which local infrastructure sectors, not covered by federal law, are at the
greatest risk of cyber-attacks and to identify categories of critical infrastructure as critical cyber
infrastructure if cyber damage to the infrastructure could result in catastrophic consequences. 78

The CAC must also prepare and submit a comprehensive report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives that includes data, trends, analysis, findings,
and recommendations for state and local action regarding ransomware incidents as stated below:
 Descriptive statistics, including the amount of ransom requested, duration of the incident, and
overall monetary cost to taxpayers of the incident;
 A detailed statistical analysis of the circumstances that led to the ransomware incident which
does not include the name of the state agency or local government, network information, or
system identifying information;
 Statistical analysis of the level of cybersecurity employee training and frequency of data backup
for the state agencies or local governments that reported incidents;
 Specific issues identified with current policy, procedure, rule, or statute and recommendations to
address those issues; and
 Other recommendations to prevent ransomware incidents.

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce. 79
FDUTPA was modeled after the Federal Trade Commission (FTC) Act.80

The Department of Legal Affairs (DLA) or the Office of the State Attorney (SAO) may bring actions on
behalf of consumers or governmental entities when it is a matter of public interest.81 The SAO may
enforce violations of FDUTPA if the violations take place within its jurisdiction. The DLA has
enforcement authority when the violation is multi-jurisdictional, the state attorney defers to the DLA in
writing, or the state attorney fails to act within 90 days after a written complaint is filed. 82 In certain
circumstances, consumers may also file suit through private actions. 83

75
S. 282.319(3), F.S.
76
S. 282.319(9), F.S.
77
NIST, otherwise known as the National Institute of Standards and Technology, “is a non-regulatory government agency that develops technology,
metrics, and standards to drive innovation and economic competitiveness at U.S.-based organizations in the science and technology industry.” Nate
Lord, What is NIST Compliance, DataInsider (Dec. 1, 2020), https://www.digitalguardian.com/blog/what-nist-compliance (last visited Jan. 20, 2024).
78
S. 282.319(10), F.S.
79
Ch. 73-124, L.O.F.; s. 501.202, F.S.
80
D. M atthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. M IAMI L. REV. 1083 (Summer
2011).
81
S. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state attorney if a violation
occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the violation occurs in more than one
circuit; or if the office of the state attorney defers to the department in writing; or fails to act within a specified period); see also David J. Federbush,
FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 F LORIDA BAR
JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential for deterrence of anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!OpenDocument
&Highlight=0,business,Division* (last visited on Jan. 6, 2024).
82
S. 501.203(2), F.S.
83
S. 501.211, F.S.
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The DLA and the SAO have powers to investigate FDUTPA claims, which include: 84
 Administering oaths and affirmations;
 Subpoenaing witnesses or matter; and
 Collecting evidence.

The DLA and the State Attorney, as enforcing authorities, may seek the following remedies:
 Declaratory judgments;
 Injunctive relief;
 Actual damages on behalf of consumers and businesses;
 Cease and desist orders; and
 Civil penalties of up to $10,000 per willful violation. 85

FDUTPA may not be applied to certain entities in certain circumstances, including:86
• Any person or activity regulated under laws administered by the Office of Insurance Regulation
or the Department of Financial Services; or
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.

Effect of the Bill

Government Technology Modernization Council

The bill creates an advisory council the Government Technology Modernization Council (council) within
DMS under Chapter 282, F.S.

The bill provides that the purpose of the council is to study and monitor the development and
deployment of AI systems and provide reports on such systems to the Governor and the Legislature.

The bill requires the council to meet at least quarterly to:
 Assess and provide guidance on necessary legislative reforms and the creation of a state code
of ethics for AI systems in state government.
 Assess the effect of automated decision systems on constitutional and other legal rights, duties,
and privileges of residents of this state.
 Study the potential benefits, liabilities, and risks that this state, residents of this state, and
businesses may incur as a result of implementing automated decision systems.
 Recommend legislative and administrative actions that the Legislature and state agencies may
take to promote the development of data modernization in Florida.
 Assess where AI is deployed today.
 Evaluate common standards for AI safety and security measures.
 Assess how governmental entities and the private sector are using AI with a focus on
opportunity areas for deployments in systems across this state.
 Determine how AI is being exploited by bad actors, including foreign countries of concern.87

The bill requires the council to submit annual legislative recommendations it considers necessary to
modernize government technology to the President of the Senate and the Speaker of the House of
Representatives any legislative, beginning June 30, 2024.

84
S. 501.206(1), F.S.
85
Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may als o request attorney fees
and costs of investigation or litigation. S. 501.2105, F.S.
86
S. 501.212(4), F.S.
87
Section 287.138(1), F.S., lists the following as foreign countries of concern: People’s Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás M aduro, and the Syrian Arab
Republic.
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The bill requires the council to submit an annual comprehensive report that includes data, trends,
analysis, findings, and recommendations for state and local action regarding ransomware incidents to
the Governor, the President of the Senate, and the Speaker of the House of Representatives,
beginning December 1, 2024. At a minimum, the report must include:
 A summary of recommendations by relevant national entities on technology systems in state
government, including, but not limited to, AI, cloud computing, identity management, and
financial technology.
 An assessment of the impact of using AI systems on the liberty, finances, livelihood, and privacy
interests of residents of Florida.
 Recommended policies necessary to:
o Protect the privacy interests of Florida residents from any decrease in employment
caused by AI systems.
o Ensure that residents of this state are free from unfair discrimination caused or
compounded by the employment of AI systems.
o Promote the development and deployment of AI systems in Florida.
 Any other information the council considers relevant.

The bill provides that the council is comprised of the following members:
 The Lieutenant Governor.
 The state chief information officer.
 The State Surgeon General.
 The Secretary of Health Care Administration.
 A representative of the computer crime center of the Department of Law Enforcement,
appointed by the executive director of the Department of Law Enforcement.
 The Chief Inspector General.
 Thirteen representatives of institutions of higher education located in this state or the private
sector with senior level experience or expertise in AI, cloud computing, identity management,
data science, machine learning, government procurement, and constitutional law, with seven
appointed by the Governor, three appointed by the President of the Senate, and three
appointed by the Speaker of the House of Representatives.
 One member of the Senate, appointed by the President of the Senate or his or her designee.
 One member of the House of Representatives, appointed by the Speaker of the House of
Representatives or his or her designee.
 The Secretary of DMS, or his or her designee, who serves as the ex officio, nonvoting executive
director of the council.

The bill provides that members serve a term of 4 years, except that sitting members of the Senate and
the House of Representatives serve terms that correspond with their terms of office.88 A vacancy is
filled for the remainder of the unexpired term in the same manner as the initial appointment. All
members of the council are eligible for reappointment.

The bill provides that members of the council serve without compensation, but are entitled to receive
reimbursement for per diem and travel expenses.89

Members of the council must maintain the confidential and exempt status of information received in the
performance of their duties and responsibilities. A current or former member of the council must follow
the Code of Ethics for Public Officers and Employees, and may not disclose or use information not
available to the general public and gained by reason of his or her official position, except for information
relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal
gain or benefit of any other person or business entity. Members of the council must sign an agreement
acknowledging such requirements.

Artificial Intelligence Transparency

88
For the purpose of providing staggered terms, the initial appointments of members made by the Governor are for terms of 2 years.
89
As allowed under s. 112.061, F.S.
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The bill provides that "artificial intelligence" means software that is developed with machine-learning,
logic and knowledge-based, or statistical approaches and can, for a given set of human-defined
objectives, generate or synthesize outputs such as content, predictions, recommendations, or decisions
influencing certain environments.

The bill requires an entity or person who produces or offers for use or interaction AI content or
technology for a commercial purpose, and makes such content or technology available to the Florida
public, to create safety and transparency standards that:
 Alert consumers that such content or technology is generated by AI.
 Allow such content or technology to be recognizable as generated by AI to other AI.

If a natural person in Florida is able to communicate or interact with an entity or person for commercial
purposes through an AI mechanism, the bill requires such entity or a person to provide a clear and
conspicuous statement on its Internet homepage or landing page that such mechanism is generated by
AI.

The bill prohibits any entity or person from knowingly using an image of an identifiable child in
producing, generating, incorporating, or synthesizing child pornography through AI.

Any violation of the bill by a person or entity is an unfair and deceptive trade practice actionable under
FDUTPA solely by DLA 90 In addition to other FDUTPA remedies, DLA may collect a civil penalty of up
to $50,000 per violation. DLA may also adopt rules to implement the bill.

The bill does not establish a private cause of action.

For purposes of bringing an action pursuant to the bill, any entity or person who produces or uses AI
that is distributed to or viewable by the public in this state is considered to be both engaged in
substantial and not isolated activities within this state and operating, conducting, engaging in, or
carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of
the courts of this state.

The bill requires any state agency91 that uses AI to disclose if a person is interacting with AI when
interacting with the agency and ensure that any confidential information accessible to an AI system
remains confidential.

Criminal Acts

The bill amends the definition of child pornography to include any image or presentation produced,
generated, incorporated, or synthesized through artificial intelligence that uses an image of an
identifiable minor to depict or portray a minor engaged in sexual conduct, which makes using such
technology for such purposes a crime

This definition will apply to criminal acts related to child pornography.

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

B. SECTION DIRECTORY:
Section 1: Creates s. 282.802, F.S.; creating the Government Technology Modernization Council.
Section 2: Creates s. 501.174, F.S.; providing requirements for entities using AI systems; providing
penalties.
Section 3: Amends s. 775.0847, F.S.; amending a definition.
90
Unlike under general FDUTPA actions, DLA is not prohibited from bringing an action against a social media platform that is also a:
 Person or activity regulated under laws administered by OIR or DFS; and
 Bank, credit union, and savings and loan association regulated by OFR or federal agencies.
91
As defined in s. 282.318(2), which is any official, officer, commission, board, authority, council, committee, or department of the executive branch
of state government; the Justice Administrative Commission; and the Public Service Commission. The term does not include university boards of
trustees or state universities.
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Section 4: Amends s. 827.071, F.S.; amending a definition.
Section 5: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
There may be an increase in civil penalties collected by DLA.

2. Expenditures:
The bill may require additional expenditures for creating and running the council. There may be an
increase of regulatory costs to DLA from enforcing the bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require entities that use AI in certain circumstances to provide disclaimers.

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:
Generally, the First Amendment does not protect child pornography. In New York v. Ferber,92 the
United States Supreme Court recognized that states have a compelling interest in safeguarding the
physical and psychological well-being of minors and in preventing their sexual exploitation and abuse.
Under these principles, states have criminalized possessing, distributing, and other acts involving child
pornography. The constitutionality of criminalizing such acts when the images at issue are morphed
pornography has generally been upheld,93 but the constitutionality of criminalizing such acts when the
images are generated or synthesized using AI from a database of identifiable children, but creating an
image not of an identifiable child, is less clear.

B. RULE-MAKING AUTHORITY:

92
458 U.S. 747 (1982).
93
United States v. Bach, 400 F.3d 622, 632 (8th Cir. 2005); United States v. Ramos, 685 F.3d 120, 134 (2d Cir. 2012), cert. denied, 133 S.Ct. 567
(2012); see also Doe v. Boland, 630 F.3d 491, 497 (6th Cir. 2011); see also United States v. Hotaling, 634 F.3d 725 (2d Cir. 2008), cert. denied, 132
S.Ct. 843 (2011).
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The bill allows DLA to adopt rules related to enforcing provisions related to AI disclaimers, and use of
AI in certain material.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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

PCS for HB 1459 2024

1 A bill to be entitled
2 An act relating to advanced technology; creating s.
3 282.802, F.S.; creating the Government Technology
4 Modernization Council within the Department of
5 Management Services for a specified purpose; providing
6 for council membership, meetings, and duties;
7 requiring the council to submit specified
8 recommendations to the Legislature and specified
9 reports to the Governor and the Legislature by
10 specified dates; creating s. 501.174, F.S.; providing
11 definitions; requiring certain entities and persons to
12 create safety and transparency standards for content,
13 images, and videos generated by artificial
14 intelligence; requiring disclosures for certain
15 communications, interactions, and content; prohibiting
16 the use of artificial intelligence in the creation of
17 child pornography under certain conditions; providing
18 applicability; requiring certain state agencies to
19 provide certain disclosures; authorizing the
20 Department of Legal Affairs to bring an action for
21 violations under the Florida Deceptive and Unfair
22 Trade Practices Act; providing civil penalties;
23 providing that the act does not establish private
24 causes of action; providing that certain entities and
25 persons are subject to the jurisdiction of state

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26 courts; authorizing the department to adopt rules;
27 amending s. 775.0847, F.S.; amending a definition;
28 amending s. 827.071, F.S.; amending a definition;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 282.802, Florida Statutes, is created
34 to read:
35 282.802 Government Technology Modernization Council. —
36 (1) The Government Technology Modernization Council, an
37 advisory council as defined in s. 20.03(7), is created within
38 the department. Except as otherwise provided in this section,
39 the advisory council shall operate in a manner consistent with
40 s. 20.052.
41 (2) The purpose of the council is to study and monitor the
42 development and deployment of artificial intelligence systems
43 and provide reports on such systems to the Governor and the
44 Legislature.
45 (3) The council shall be comprised of the following
46 members:
47 (a) The Lieutenant Governor.
48 (b) The state chief information officer.
49 (c) The State Surgeon General.
50 (d) The Secretary of Health Care Administration.

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51 (e) A representative of the computer crime center of the
52 Department of Law Enforcement, appointed by the executive
53 director of the Department of Law Enforcement.
54 (f) The Chief Inspector General.
55 (g) Thirteen representatives of institutions of higher
56 education located in this state or the private sector with
57 senior level experience or expertise in artificial intelligence,
58 cloud computing, identity management, data science, machine
59 learning, government procurement, and constitutional law, with
60 seven appointed by the Governor, three appointed by the
61 President of the Senate, and three appointed by the Speaker of
62 the House of Representatives.
63 (h) One member of the Senate, appointed by the President
64 of the Senate or his or her designee.
65 (i) One member of the House of Representatives, appointed
66 by the Speaker of the House of Representatives or his or her
67 designee.
68 (4) Members shall serve for terms of 4 years, except that
69 sitting members of the Senate and the House of Representatives
70 shall serve terms that correspond with their terms of office.
71 For the purpose of providing staggered terms, the initial
72 appointments of members made by the Governor shall be for terms
73 of 2 years. A vacancy shall be filled for the remainder of the
74 unexpired term in the same manner as the initial appointment.
75 All members of the council are eligible for reappointment.

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76 (5) The Secretary of Management Services, or his or her
77 designee, shall serve as the ex officio, nonvoting executive
78 director of the council.
79 (6) Members of the council shall serve without
80 compensation but are entitled to receive reimbursement for per
81 diem and travel expenses pursuant to s. 112.061.
82 (7) Members of the council shall maintain the confidential
83 and exempt status of information received in the performance of
84 their duties and responsibilities as members of the council. In
85 accordance with s. 112.313, a current or former member of the
86 council may not disclose or use information not available to the
87 general public and gained by reason of his or her official
88 position, except for information relating exclusively to
89 governmental practices, for his or her personal gain or benefit
90 or for the personal gain or benefit of any other person or
91 business entity. Members of the council shall sign an agreement
92 acknowledging the provisions of this subsection.
93 (8) The council shall meet at least quarterly to:
94 (a) Assess and provide guidance on necessary legislative
95 reforms and the creation of a state code of ethics for
96 artificial intelligence systems in state government.
97 (b) Assess the effect of automated decision systems on
98 constitutional and other legal rights, duties, and privileges of
99 residents of this state.
100 (c) Study the potential benefits, liabilities, and risks

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101 that this state, residents of this state, and businesses may
102 incur as a result of implementing automated decision systems.
103 (d) Recommend legislative and administrative actions that
104 the Legislature and state agencies as defined in s. 282.318(2)
105 may take to promote the development of data modernization in
106 this state.
107 (e) Assess where artificial intelligence is deployed
108 today.
109 (f) Evaluate common standards for artificial intelligence
110 safety and security measures.
111 (g) Assess how governmental entities and the private
112 sector are using artificial intelligence with a focus on
113 opportunity areas for deployments in systems across this state.
114 (h) Determine how artificial intelligence is being
115 exploited by bad actors, including foreign countries of concern
116 as defined in s. 287.138(1).
117 (9) By June 30, 2024, and each June 30 thereafter, the
118 council shall submit to the President of the Senate and the
119 Speaker of the House of Representatives any legislative
120 recommendations considered necessary by the council to modernize
121 government technology.
122 (10) By December 1, 2024, and each December 1 thereafter,
123 the council shall submit to the Governor, the President of the
124 Senate, and the Speaker of the House of Representatives a
125 comprehensive report that includes data, trends, analysis,

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126 findings, and recommendations for state and local action
127 regarding ransomware incidents. At a minimum, the report must
128 include:
129 (a) A summary of recommendations by relevant national
130 entities on technology systems in state government, including,
131 but not limited to, artificial intelligence, cloud computing,
132 identity management, and financial technology.
133 (b) An assessment of the impact of using artificial
134 intelligence systems on the liberty, finances, livelihood, and
135 privacy interests of residents of this state.
136 (c) Recommended policies necessary to:
137 1. Protect the privacy interests of residents of this
138 state from any decrease in employment caused by artificial
139 intelligence systems.
140 2. Ensure that residents of this state are free from
141 unfair discrimination caused or compounded by the employment of
142 artificial intelligence systems.
143 3. Promote the development and deployment of artificial
144 intelligence systems in this state.
145 (d) Any other information the council considers relevant.
146 Section 2. Section 501.174, Florida Statutes, is created
147 to read:
148 501.174 Artificial intelligence transparency.—
149 (1) As used in this section, the term:
150 (a) "Artificial intelligence" means software that is

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151 developed with machine-learning, logic and knowledge-based, or
152 statistical approaches and can, for a given set of human -defined
153 objectives, generate or synthesize outputs such as content,
154 predictions, recommendations, or decisions influencing certain
155 environments.
156 (b) "Department" means the Department of Legal Affairs.
157 (2) An entity or person who produces or offers for use or
158 interaction artificial intelligence content or technology for a
159 commercial purpose, and makes such content or technology
160 available to the Florida public, must create safety and
161 transparency standards that:
162 (a) Alert consumers that such content or technology is
163 generated by artificial intelligence.
164 (b) Allow such content or technology to be recognizable as
165 generated by artificial intelligence to other artificial
166 intelligence.
167 (3) If a natural person in this state is able to
168 communicate or interact with an entity or person for commercial
169 purposes through an artificial intelligence mechanism, such
170 entity or a person must provide a clear and conspicuous
171 statement on the entity’s or person’s Internet homepage or
172 landing page that such mechanism is generated by artificial
173 intelligence.
174 (4) Any entity or person may not knowingly produce,
175 generate, incorporate, or synthesize through artificial

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176 intelligence child pornography as defined in s. 775.0847.
177 (5) Any state agency as defined in s. 282.318(2) that uses
178 artificial intelligence must disclose if a person is interacting
179 with artificial intelligence when interacting with the agency
180 and ensure that any confidential information accessible to an
181 artificial intelligence system remains confidential.
182 (6)(a) Any violation of subsection (2), subsection (3), or
183 subsection (4) is an unfair and deceptive trade practice
184 actionable under part II of chapter 501 solely by the
185 department. If the department has reason to believe that a
186 violation of this section has occurred, the department, as the
187 enforcing authority, may bring an action for an unfair or
188 deceptive act or practice. For the purpose of bringing an action
189 pursuant to this section, ss. 501.211 and 501.212 do not apply.
190 In addition to other remedies under part II of chapter 501, the
191 department may collect a civil penalty of up to $50,000 per
192 violation of this section.
193 (b) This section does not establish a private cause of
194 action.
195 (7) For purposes of bringing an action pursuant to this
196 section, any entity or person who produces or uses artificial
197 intelligence that is distributed to or viewable by the public in
198 this state is considered to be both engaged in substantial and
199 not isolated activities within this state and operating,
200 conducting, engaging in, or carrying on a business, and doing

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201 business in this state, and is therefore subject to the
202 jurisdiction of the courts of this state.
203 (8) The department may adopt rules to implement this
204 section.
205 Section 3. Paragraph (b) of subsection (1) of section
206 775.0847, Florida Statutes, is amended to read:
207 775.0847 Possession or promotion of certain images of
208 child pornography; reclassification.—
209 (1) For purposes of this section:
210 (b) "Child pornography" means:
211 1. Any image depicting a minor engaged in sexual conduct;
212 or
213 2. Any image that has been created, altered, adapted, or
214 modified by electronic, mechanical, or other means, to portray
215 an identifiable minor engaged in sexual conduct; or
216 3. Any image or presentation produced, generated,
217 incorporated, or synthesized through artificial intelligence as
218 defined in s. 501.174 that uses an image of an identifiable
219 minor to depict or portray a minor engaged in sexual conduct .
220
221 For purposes of sentencing under chapter 921 and determining
222 incentive gain-time eligibility under chapter 944, a felony
223 offense that is reclassified under this section is ranked one
224 level above the ranking under s. 921.0022 or s. 921.0023 of the
225 offense committed.

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226 Section 4. Paragraph (b) of subsection (1) of section
227 827.071, Florida Statutes, is amended to read:
228 827.071 Sexual performance by a child; child pornography;
229 penalties.—
230 (1) As used in this section, the following definitions
231 shall apply:
232 (b) "Child pornography" means:
233 1. Any image depicting a minor engaged in sexual conduct;
234 or
235 2. Any image that has been created, altered, adapted, or
236 modified by electronic, mechanical, or other means, to portray
237 an identifiable minor engaged in sexual conduct; or
238 3. Any image or presentation produced, generated,
239 incorporated, or synthesized through artificial intelligence as
240 defined in s. 501.174 that uses an image of an identifiable
241 minor to depict or portray a minor engaged in sexual conduct .
242 Section 5. This act shall take effect July 1, 2024.

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