Meeting Packet, Regulatory Reform & Economic Development Subcommittee (January 24, 2024)
Summary
This Meeting Packet for the Regulatory Reform & Economic Development Subcommittee of the Florida House of Representatives Commerce Committee covers the meeting of Wednesday, January 24, 2024, 8:00 am to 10:30 am, chaired by Tyler Sirois. The agenda lists bills for consideration including HB 59, Provision Of Homeowners' Association Rules and Covenants, HB 295, Disclosure of Estimated Ad Valorem Taxes, HB 1563, Construction Contracting, and PCS for HB 751, Use of Criminal History in Licensing. The packet includes a staff analysis for HB 59, which states that the bill requires a homeowners' association to provide copies of the association's rules and covenants to members and provides an effective date of July 1, 2024.
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“Meeting Packet, Regulatory Reform & Economic Development Subcommittee (January 24, 2024).”
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Regulatory Reform & Economic
Development Subcommittee
Wednesday, January 24, 2024
8:00 AM - 10:30 AM
Webster Hall (212 Knott)
Meeting Packet
Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair
Meeting Agenda
Wednesday, January 24, 2024
8:00 am – 10:30 am
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 59 Provision Of Homeowners' Association Rules and Covenants by Arrington
• HB 295 Disclosure of Estimated Ad Valorem Taxes by Anderson
• HB 367 Household Moving Services by Tant
• HB 429 Timeshare Properties by Robinson, W.
• HB 557 Movable Tiny Homes by Stevenson
• HB 691 Town of Horseshoe Beach, Dixie County by Shoaf
• HB 907 Gaming Licenses and Permits by Sirois
• HB 1007 Nicotine Products by Overdorf
• HB 1053 Location of Medical Marijuana Centers, Retail Vape Shops, and On-premises
Consumption of Alcohol by Amesty
• HB 1071 Department of Agriculture and Consumer Services by Alvarez
• HB 1243 Homeowners' Associations by Porras
• HB 1245 Veterinary Professional Associates by Killebrew
• HB 1273 Reciprocity or Endorsement of Licensure by Plasencia
• HB 1563 Construction Contracting by Grant
Consideration of the following proposed committee substitute(s):
• PCS for HB 751 -- Use of Criminal History in Licensing
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 59
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 59 Provision Of Homeowners' Association Rules and Covenants
SPONSOR(S): Arrington and others
TIED BILLS: IDEN./SIM. BILLS: SB 50
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners and membership is a mandatory condition of parcel ownership. HOAs are
authorized to impose assessments that, if unpaid, may become a lien on the parcel. The HOA’s declaration of
covenants establishes the community’s basic covenants and restrictions.
An HOA must maintain certain records which constitute the official records of the HOA, which includes a copy
of the HOA’s declaration of covenants, amendments, and current HOA rules.
The official records must be maintained within the state for at least 7 years and must be made available to a
parcel owner for inspection or photocopying. An HOA may comply by having a copy of the official records
available for inspection or copying in the community or, at the option of the HOA, by making the records
available to a parcel owner electronically or by allowing the records to be viewed in electronic format on a
computer screen and printed upon request.
The bill requires an HOA to provide the following:
Before October 1, 2024, a physical or digital copy of the HOA's rules and covenants to every member
of the HOA.
A physical or digital copy of the HOA's rules and covenants to every new member of the HOA.
An updated copy of the amended rules or covenants when an HOA's rules or covenants are amended
to every member of the association. An HOA may adopt rules establishing standards for the manner of
distribution and timeframe for providing copies of updated rules or covenants.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0059.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
A homeowners’ association (HOA) is an association of residential property owners in which voting
membership is made up of parcel owners and membership is a mandatory condition of parcel
ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
parcel.1
Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
by an elected board of directors. The powers and duties of an HOA include the powers and duties
provided in the HOA Act, and in the association’s governing documents, which include the recorded
covenants and restrictions, together with the bylaws, articles of incorporation, and duly adopted
amendments to those documents.2
An HOA must be a Florida corporation and the initial governing documents must be recorded in the
official records of the county in which the community is located. The powers and duties of an
association include those set forth in the HOA Act and in the governing documents, except as expressly
limited or restricted in the HOA Act.
No state agency has direct oversight over HOAs. However, Florida law provides for a limited mandatory
binding arbitration program, administered by the Division of Condominiums, Timeshares and Mobile
Homes, within the Department of Business and Professional Regulation, for certain election and recall
disputes.3
HOA Governing Documents
An HOA’s governing documents include the:
Recorded declaration of covenants for a community and all duly adopted amendments thereto;
HOA’s articles of incorporation and bylaws and any duly adopted amendments thereto; and
Rules and regulations adopted under the authority of the recorded declaration, articles of
incorporation, or bylaws and any duly adopted amendments thereto. 4
The declaration of covenants, much like a constitution, establishes the community’s basic covenants
and restrictions.5 The articles of incorporation establish the HOA’s existence, basic structure, and
governance.6 The bylaws govern the HOA’s operation and administration, while the rules and
regulations typically supplement the other documents, addressing matters of everyday policy.7
Unless otherwise provided in the governing documents or required by law, an HOA’s governing
documents may be amended by the affirmative vote of two-thirds of the HOA’s voting interests.8 Within
30 days after recording a governing document amendment, the HOA must give its members copies
thereof unless a copy was provided to the members before the vote on the amendment, in which case
the HOA must only provide the members with notice of the amendment’s adoption. 9
1 S. 720.301(9), F.S.
2 See generally ch. 720, F.S.
3 S. 720.311, F.S.
4 S. 720.301(8), F.S.
5 Joseph Adams, HOA Governing Documents Explained (July 1, 2018),
https://www.floridacondohoalawblog.com/2018/07/01/hoa -governing-doc uments-explained/ (last visited Jan. 9, 2024).
6 Id.
7 Id.
8 S. 720.306(1), F.S.
9 Id.
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DATE: 1/22/2024
Official Records
An HOA must maintain each of the following items, when applicable, which constitute the official
records of the HOA:10
A copy of the HOA’s governing documents:
o declaration of covenants and each amendment,
o bylaws and each amendment,
o articles of incorporation and each amendment, and
o current rules.
Copies of any plans, specifications, permits, and warranties related to improvements
constructed on the common areas or other property that the HOA is obligated to maintain,
repair, or replace.
The minutes of all meetings of the board of directors and of the members, which minutes must
be retained for at least 7 years.
A current roster of all members and their designated mailing addresses and parcel
identifications. A member's designated mailing address is the member's property address,
unless the member has sent written notice to the association requesting that a different mailing
address be used for all required notices. The association shall also maintain the e-mail
addresses and the facsimile numbers designated by members for receiving notice sent by
electronic transmission of those members consenting to receive notice by electronic
transmission. A member's e-mail address is the e-mail address the member provided when
consenting in writing to receiving notice by electronic transmission, unless the member has sent
written notice to the association requesting that a different e-mail address be used for all
required notices. The e-mail addresses and facsimile numbers provided by members to receive
notice by electronic transmission must be removed from association records when the member
revokes consent to receive notice by electronic transmission. However, the association is not
liable for an erroneous disclosure of the e-mail address or the facsimile number for receiving
electronic transmission of notices.
All of the HOA’s insurance policies, which must be retained for at least 7 years.
A current copy of all contracts to which the HOA is a party, including, without limitation, any
management agreement, lease, or other contract under which the HOA has any obligation or
responsibility. Bids received by the HOA for work to be performed must also be considered
official records and must be kept for a period of 1 year.
The financial and accounting records of the HOA, kept according to good accounting practices.
All financial and accounting records must be maintained for a period of at least 7 years. The
financial and accounting records must include:
o Accurate, itemized, and detailed records of all receipts and expenditures.
o A current account and a periodic statement of the account for each member, designating
the name and current address of each member who is obligated to pay assessments,
the due date and amount of each assessment or other charge against the member, the
date and amount of each payment on the account, and the balance due.
o All tax returns, financial statements, and financial reports of the HOA.
o Any other records that identify, measure, record, or communicate financial information.
A copy of the disclosure summary.
Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to
voting by parcel owners, which must be maintained for at least 1 year after the date of the
election, vote, or meeting.
All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.
All other written records of the HOA which are related to the operation of the HOA.
The HOA bylaws must require the HOA to post all notices of board meetings in a conspicuous place in
the community at least 48 hours in advance of a meeting, except in an emergency.11
10 S. 720.303(4), F.S.
11 S. 720.303(2)(c), F.S.
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DATE: 1/22/2024
Access to Official Records
The official records must be maintained within the state for at least 7 years and be made available to a
parcel owner for inspection or photocopying within 45 miles of the community or within the county in
which the HOA is located within 10 business days after receipt by the board or its designee of a written
request.
An HOA may comply with these requirements by having a copy of the official records available for
inspection or copying in the community or, at the option of the HOA, by making the records available to
a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic
format on a computer screen and printed upon request.
If the HOA has a photocopy machine available where the records are maintained, it must provide
parcel owners with copies on request during the inspection if the entire request is limited to no more
than 25 pages. However, an HOA may impose fees to cover the costs of providing copies of the official
records.12 An association must allow a member or authorized representative to use a portable device,
including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking
photographs, to make an electronic copy of the official records in lieu of providing the member or
authorized representative with a copy of such records. The association may not charge a fee to a
member or his or her authorized representative for the use of a portable device. 13
The failure of an association to provide access to the records within 10 business days after receipt of a
written request submitted by certified mail, return receipt requested, creates a rebuttable presumption
that the association willfully failed to comply with this requirement.14
A member who is denied access to official records is entitled to the actual damages or minimum
damages for the HOA’s willful failure to comply with this requirement. The minimum damages are to be
$50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of
the written request.15
The HOA may adopt reasonable written rules governing the frequency, time, location, notice, records to
be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any
proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to
inspect records to less than one 8-hour business day per month.16
The following records are not accessible to members or parcel owners: 17
Any record protected by the lawyer-client privilege as described in s. 90.502, F.S., and any
record protected by the work-product privilege.
Information obtained in connection with the approval of the lease, sale, or other transfer of a
parcel.
Information obtained in a gated community in connection with guests’ visits to parcel owners or
community residents.
Personnel records of HOA or management company employees.
Medical records of parcel owners or community residents.
Personal identifying information of a parcel owner other than as provided for HOA notice
requirements, excluding the person’s name, parcel designation, mailing address, and property
address.
12 The association may impose fees to cover the costs of providing copies of the official records, including the costs of
copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the
records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be
charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents
per page for copies made on the association's photocopier. S. 720.303(5)(c), F.S.
13 S. 720.303(5), F.S.
14 S. 720.303(5)(a), F.S.
15 S. 720.303(5)(b), F.S.
16 S. 720.303(5)(c), F.S.
17 S. 720.303(5)(c)1.-9., F.S.
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DATE: 1/22/2024
Any electronic security measure that is used to safeguard data, including passwords.
The software and operating system which allows the manipulation of data; however, the data is
part of the official records.
All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.
Effect of the Bill
The bill requires an HOA to provide the following:
Before October 1, 2024, a physical or digital copy of the HOA's rules and covenants to every
member of the HOA.
A physical or digital copy of the HOA's rules and covenants to every new member of the HOA.
An updated copy of the amended rules or covenants when an HOA's rules or covenants are
amended to every member of the association.
The bill permits an HOA to adopt rules establishing standards for the manner of distribution and
timeframe for providing copies of updated rules or covenants. The requirements to provide copies may
be met by posting a complete copy of the rules and covenants, or a direct link thereto, on the
homepage of the HOA’s website if:
The website is accessible to association members, and
The HOA sends notice to the members of its intent to utilize the website for this purpose.
The notice is sent:
o via email if the association member has an email address on file and the association
member has consented to receive notices by electronic transmission; and
o via mail to association members’ mailing address listed in the official records of the
association.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 720.303, F.S., relating to rules and covenants of a homeowners’ association.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
STORAGE NAME: h0059.RRS PAGE: 5
DATE: 1/22/2024
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 1/22/2024
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 59 2024
1 A bill to be entitled
2 An act relating to provision of homeowners'
3 association rules and covenants; amending s. 720.303,
4 F.S.; requiring an association to provide copies of
5 the association's rules and covenants to every member
6 before a specified date, and every new member
7 thereafter; requiring an association to provide
8 members with a copy of updated rules and covenants;
9 authorizing an association to adopt rules relating to
10 the standards and manner in which such copies are
11 distributed; authorizing an association to post a
12 complete copy of the association's rules and
13 covenants, or a direct link thereto, on the homepage
14 of the association's website under certain
15 circumstances; requiring an association to provide
16 specified notice to its members; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (13) is added to section 720.303,
22 Florida Statutes, to read:
23 720.303 Association powers and duties; meetings of board;
24 official records; budgets; financial reporting; association
25 funds; recalls.—
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0059-00
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 59 2024
26 (13) REQUIREMENT TO PROVIDE COPIES OF RULES AND
27 COVENANTS.—
28 (a) Before October 1, 2024, an association shall provide a
29 physical or digital copy of the association's rules and
30 covenants to every member of the association.
31 (b) An association shall provide a physical or digital
32 copy of the association's rules and covenants to every new
33 member of the association.
34 (c) If an association's rules or covenants are amended,
35 the association must provide every member of the association
36 with an updated copy of the amended rules or covenants. An
37 association may adopt rules establishing standards for the
38 manner of distribution and timeframe for providing copies of
39 updated rules or covenants.
40 (d) The requirements of this subsection may be met by
41 posting a complete copy of the association's rules and
42 covenants, or a direct link thereto, on the homepage of the
43 association's website if such website is accessible to the
44 members of the association and the association sends notice to
45 each member of the association of its intent to utilize the
46 website for this purpose. Such notice must be sent in both of
47 the following ways:
48 1. By electronic mail to any member of the association who
49 has consented to receive notices by electronic transmission and
50 provided an electronic mailing address to the association for
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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 59 2024
51 that purpose.
52 2. By mail to all other members of the association at the
53 address identified as the member's mailing address in the
54 official records of the association.
55 Section 2. This act shall take effect July 1, 2024.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0059-00
HB 295
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 295 Disclosure of Estimated Ad Valorem Taxes
SPONSOR(S): Anderson
TIED BILLS: IDEN./SIM. BILLS: SB 380
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
The marketplace for real estate has shifted over time in favor of online property listings. There are many large
online platforms which list real estate, the most familiar of which being Zillow, Realtor.com, Trulia, and Redfin.
In addition to large platforms, many individual realtors have websites which include listings of real estate for
sale. These platforms are not unified in the information displayed to the user. Some, but not all, include the
property’s public tax history, a link to the county property appraiser’s website, and an estimate of property
taxes. There is currently no requirement that a real property listing platform include a property tax estimate or
link to a property appraiser’s website.
Estimating an individual’s tax estimate requires several pieces of information. These might include the parcel’s
millage rate, applicable exemptions, the property’s value, applicable classified property uses, and other
assessments on the property. While there is no requirement to this effect, some property appraisers include
on their website a tool or worksheet to assist homeowners in estimating property taxes.
The bill requires online listings of residential property to include an ad valorem tax estimator tool which
calculates the ad valorem tax that would be due on the property at current rates, as follows:
Requires residential property visible on a listing platform to include the estimated ad valorem taxes.
Prohibits the current owner's ad valorem taxes from being displayed or used to calculate the es timated
ad valorem taxes.
Provides that if using a tax estimator or buyer payment calculator, the listing platform must calculate
and display the ad valorem taxes that would be due, both with and without the homestead tax
exemption, if the purchaser were taxed on the listing price of the property at current millage rates using
the data and formula published by Department of Revenue (DOR).
Provides that if not using a tax estimator or buyer payment calculator, the listing platform is required to
include a link to the local property appraiser's tax estimator.
Requires DOR to maintain links to each property appraiser's home page and tax estimator.
Prohibits printed listing materials from including the current owner's ad valorem taxes.
Requires DOR to annually develop a formula that may be used by a listing platform to calculate the
estimated ad valorem taxes.
Requires DOR to require each property appraiser to provide DOR with any information needed to
develop the formula.
Beginning December 15, 2024, and annually thereafter, requires DOR to publish the formula and the
information collected from each property appraiser in accordance with the bill, on its website.
Authorizes DOR to adopt rules to implement its responsibilities regarding the formula.
The bill does not appear to have a significant fiscal impact on state or local government.
Except as otherwise provided, the effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0295.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Online Real Property Listing Platforms
The marketplace for real estate has shifted over time in favor of online listings of property. More than
half of all homebuyers in 2022 found the home they purchased on the internet. 1 There are many large
online platforms which list real estate, the most familiar of which being Zillow, Realtor.com, Trulia, and
Redfin. In addition to large platforms, many individual realtors have websites which include listings of
real estate for sale.2
Online real property listing platforms are not unified in the information displayed to the user. Some, but
not all, include the property’s public tax history, a link to the county property appraiser’s website, and an
estimate of property taxes.3
There is currently no requirement that a real property listing platform include a property tax estimate or
link to a property appraiser’s website.4
Disclosure of Ad Valorem Taxes to Prospective Purchasers
Current law governing the “disclosure” of ad valorem taxes to prospective purchasers of residential
property requires a prospective purchaser to be presented a disclosure summary at or before
execution of the contract for sale. Unless a substantially similar disclosure summary is included in the
contract for sale, a separate disclosure summary must be attached to the contract for sale. The
disclosure summary, whether separate or included in the contract, must be in a form substantially
similar to the following:5
PROPERTY TAX
DISCLOSURE SUMMARY
BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES
AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE
OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE
OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS
REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR
INFORMATION.
The law provides that, unless included in the contract, the disclosure summary must be provided by the
seller. If the disclosure summary is not included in the contract for sale, the contract for sale must refer
to and incorporate by reference the disclosure summary and include, in prominent language, a
statement that the potential purchaser should not execute the contract until he or she has read the
disclosure summary.6
1 National Ass’n of Realtors, Quick Real Estate Statistics, Nov. 3, 2022, available at https://www.nar.realtor/research-and-
statistics/quick-real-estate-statistics (last visited Jan. 18, 2024).
2 Id. The National Association of Realtors posits that it has more than 1,600,000 members, 70% of brokers and sales agents have a
website, and 81% of their members have their own listings on their website.
3 For example, Zillow’s listings include all of the listed information, and the website’s mortgage calculator includes estimate d property
taxes based on the home’s value. https://www.zillowhomeloans.com/calculators/mortgage-calcu lator/ (last visited Jan. 18, 2024).
4 Florida Department of Revenue, Analysis of 2024 HB 295, p. 2 (Nov. 15, 2023).
5 S. 689.261(1), F.S.
6 S. 689.261(2), F.S.
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DATE: 1/22/2024
Property Tax Estimates
Estimating an individual’s tax estimate requires several pieces of information. These might include the
parcel’s millage rate, applicable exemptions, the property’s value, applicable classified property uses,
and other assessments on the property.7 While there is no requirement to this effect, some property
appraisers include on their website a tool or worksheet to assist homeowners in estimating property
taxes.8
Ad Valorem Taxation
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts,
and some special districts. The tax is based on the taxable value of property as of January 1 of each
year.9 The property appraiser annually determines the “just value” 10 of property within the taxing
jurisdiction and then applies relevant exclusions, assessment limitations, and exemptions to determine
the property’s “taxable value.”11 Tax bills are mailed in November of each year based on the previous
January 1 valuation, and payment is due by March 31 of the following year.
The Florida Constitution prohibits the state from levying ad valorem taxes,12 and it limits the
Legislature’s authority to provide for property valuations at less than just value, unless expressly
authorized.13
The just valuation standard generally requires the property appraiser to consider the highest and best
use of property;14 however, the Florida Constitution authorizes certain types of property to be valued
based on their current use (classified use assessments), which often results in lower assessments.
Properties that receive classified use treatment in Florida include agricultural land, land producing high
water recharge to Florida’s aquifers, and land used exclusively for noncommercial recreational
purposes;15 land used for conservation purposes;16 historic properties when authorized by the county or
municipality;17 and certain working waterfront property.18
Property Tax Exemptions for Homesteads
A homestead exemption is a reduction of assessed value, and therefore tax liability, based on the
individual’s maintaining a property as their primary residence. Every person having legal and equitable
title to real estate and who maintains a permanent residence on the real estate (homestead property) is
eligible for a $25,000 tax exemption applicable to all ad valorem tax levies, including levies by school
districts.19 An additional $25,000 exemption applies to homestead property value between $50,000 and
$75,000.20 This exemption does not apply to ad valorem taxes levied by school districts.
7 Florida Department of Revenue, Property Tax Information for First-Time Florida Homebuyers, available at
https://floridarevenue.com/property/Documents/pt107.pdf (last visited Mar. 17, 2023).
8 See, e.g., Miami-Dade County, Tax Estimator, available at
https://www.miamidade.gov/Apps/PA/PAOnlineTools/Taxes/TaxEstimator.asp x (last visited Jan. 18, 2024).
9 Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines “real property” as land,
buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible personal property” as all goods,
chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to the article itself.
10 Property must be valued at “just value” for purposes of property taxation, unless the Florid a Constitution provides otherwise. FLA.
CONST . art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing buyer would pay a
willing seller for the property in an arm’s -length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla. 1965); Deltona Corp. v. Bailey,
336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade County, 275 So. 2d 4 (Fla. 1973).
11 See s. 192.001(2) and (16), F.S.
12 Art. VII, s. 1(a), Fla. Const.
13 See art. VII, s. 4, Fla. Const.
14 Section 193.011(2), F.S.
15 Art. VII, s. 4(a), Fla. Const.
16 Art. VII, s. 4(b), Fla. Const.
17 Art. VII, s. 4(e), FLA. CONST .
18 Art. VII, s. 4(j), Fla. Const.
19 Art VII, s. 6(a), Fla. Const., and s. 196.031, F.S.
20 Section 196.031(1)(b), F.S.
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The Florida Constitution authorizes various additional homestead exemptions, either directly through
legislation or through statutory permission for local governments to enact. These homesteads are
based largely on the status or profession of the person maintaining the homestead property. 21
Real Estate Sales Associates and Brokers
The Florida Real Estate Commission (FREC), within the Division of Real Estate (Division), at DBPR,
administers and enforces real estate licensing laws applicable to real estate brokers 22 and sales
associates 23 (real estate agents).24 The FREC is also empowered to adopt rules that enable it to
implement its statutorily authorized duties and responsibilities. 25
A person who operates as a broker or sales associate in Florida without having a valid, current, and
active license commits a felony of the third degree.26 FREC may also discipline licensed real estate
brokers and sales associates if FREC finds that the broker or sales associate violated the practice act,
which violations may include:27
Engaging in dishonest, fraudulent transactions;
Advertising property or services in a manner which is fraudulent, false, deceptive, or misleading
in form or content;
Making deceptive, untrue, or fraudulent representations in or related to the practice of a
profession or employing a trick or scheme in or related to the practice of a profession;
Failing to include in any written listing agreement a definite expiration date, description of the
property, price and terms, fee or commission, and a proper signature of the principal; or
Failing to perform any statutory or legal obligation placed upon a licensee.
The FREC may:28
Deny an application for licensure, registration, or permit, or renewal; may place a licensee,
registrant, or permittee on probation;
Suspend a license, registration, or permit for a period not exceeding 10 years;
Revoke a license, registration, or permit;
Impose an administrative fine not to exceed $5,000 for each count or separate offense; and
Issue a reprimand.
Effect of Proposed Changes
The bill defines the term "listing platform" as any public-facing online real property listing platform,
including, but not limited to, websites, web applications, and mobile applications.
The bill requires any residential property visible on a listing platform to include the estimated ad
valorem taxes for such property.
The bill prohibits the current owner's ad valorem taxes from being displayed or used to calculate the
estimated ad valorem taxes.
The bill provides that if the ad valorem taxes are estimated using a tax estimator or buyer payment
calculator, the listing platform must calculate and display the ad valorem taxes that would be due, both
21 See, e.g., art. VII, s. 6(d), Fla. Const.; Ss. 196.081, 196.082, 196.091, and 196.102, F.S.
22
“Broker” means, in pertinent part, a person who, for another, and for compensation or valuable consideration directly or indirectly paid or
promised, expressly or implied, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells,
exchanges, buys, rents any real property or an interest in or concerning the same; or who advertises or holds out to the public by any oral or printed
solicitation or representation that she or he is engaged in such business. S. 475.01(1)(a), F.S.
23
“Sales associate” means a person who performs any act specified in the definition of “broker,” but who performs such act under the direction,
control, or management of another person. S. 475.01(1)(j), F.S.
24
Ch. 475, Part I, F.S.
25
These rules are contained in ch. 61J2, F.A.C.
26
S. 475.42(1)(a), F.S.
27
Ss. 475.25 and s. 455.227, F.S.
28 S. 475.25, F.S.
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with and without the homestead tax exemption, if the purchaser were taxed on the listing price of the
property at current millage rates using the data and formula published by Department of Revenue
(DOR).
The bill provides that the use of such data and formula constitutes a reasonable estimate of ad valorem
taxes.
The bill requires the listing platform to include a disclaimer next to the estimated ad valorem taxes that
the millage rates of applicable taxing authorities may vary within a county and that the estimated ad
valorem taxes do not include all applicable non-ad valorem assessments or exemptions, discounts, and
other tax benefits, including, but not limited to, transfer of the homestead assessment difference under
s. 4, Art. VII of the State Constitution.
The bill provides that if ad valorem taxes are not estimated using a tax estimator or buyer payment
calculator, the listing platform is required to include a link to the property appraiser's tax estimator for
the county in which the property is located, if available, or to such property appraiser's home page.
The bill requires DOR to maintain a table of links to each property appraiser's home page and tax
estimator, if available, on its website.
The bill prohibits printed listing materials from including the current owner's ad valorem taxes.
The bill requires DOR to annually develop a formula that may be used by a listing platform to calculate
the estimated ad valorem taxes required under the bill.
The bill requires DOR to require each property appraiser to provide DOR with any information needed
to develop the formula, including, at a minimum, the county name, tax district code, summary school
millage rate, and summary millage rate for all other applicable taxing authorities.
Beginning December 15, 2024, and annually thereafter, the bill requires DOR to publish the formula
and the information collected from each property appraiser under the bill on its website.
The bill authorizes DOR to adopt rules to implement its responsibilities regarding the formula to be
used by a listing platform to calculate the estimated ad valorem taxes required under the bill.
B. SECTION DIRECTORY:
Section 1: Amends s. 689.261, F.S., relating to sale of residential property; disclosure of ad
valorem taxes to prospective purchaser.
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:
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None.
2. Expenditures:
Indeterminate. The bill requires DOR to require each property appraiser to provide DOR with any
information needed to develop the formula to be used by listing platforms to calculate estimated ad
valorem taxes, including, at a minimum, the county name, tax district code, summary school millage
rate, and summary millage rate for all other applicable taxing authorities. This could create a cost to
property appraisers.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Operators of online real property listings may incur minor expenses in implementing the tax estimator
tool.
D. FISCAL COMMENTS:
According to DOR, the bill will not have a fiscal impact to its expenditures and operational expenses.29
While the DOR and local property appraisers are obligated to take certain actions, these are not likely
to incur additional expense.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DOR to adopt rules to implement its responsibilities regarding the formula to be
used by a listing platform to calculate the estimated ad valorem taxes. According to DOR, it “will
promulgate rules to implement s. 689.261(3)(d), F.S.”30
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
29 Florida Department of Revenue, Analysis of 2024 HB 295, p. 3 (Nov. 15, 2023).
30 Id.
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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 295 2024
1 A bill to be entitled
2 An act relating to disclosure of estimated ad valorem
3 taxes; amending s. 689.261, F.S.; defining the term
4 "listing platform"; requiring certain listings to
5 include estimated ad valorem taxes; prohibiting the
6 current owner's ad valorem taxes from being displayed
7 or used for certain purposes; providing requirements
8 for listing platforms, the Department of Revenue, and
9 property appraisers; providing construction;
10 prohibiting certain materials from including specified
11 information; requiring, beginning on a specified date,
12 the department to annually publish a formula and
13 certain information on its website; authorizing the
14 department to adopt rules; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (3) is added to section 689.261,
20 Florida Statutes, to read:
21 689.261 Sale of residential property; disclosure of ad
22 valorem taxes to prospective purchaser.—
23 (3)(a) As used in this subsection, the term "listing
24 platform" means any public-facing online real property listing
25 platform, including, but not limited to, websites, web
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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 295 2024
26 applications, and mobile applications.
27 (b) Any residential property visible on a listing platform
28 must include the estimated ad valorem taxes for such property.
29 1. The current owner's ad valorem taxes may not be
30 displayed or used to calculate the estimated ad valorem taxes.
31 2. If the ad valorem taxes are estimated using a tax
32 estimator or buyer payment calculator, the listing platform must
33 calculate and display the ad valorem taxes that would be due,
34 both with and without the homestead tax exemption, if the
35 purchaser were taxed on the listing price of the property at
36 current millage rates using the data and formula published under
37 paragraph (d). The use of such data and formula constitutes a
38 reasonable estimate of ad valorem taxes. The listing platform
39 must include a disclaimer next to the estimated ad valorem taxes
40 that the millage rates of applicable taxing authorities may vary
41 within a county and that the estimated ad valorem taxes do not
42 include all applicable non-ad valorem assessments or exemptions,
43 discounts, and other tax benefits, including, but not limited
44 to, transfer of the homestead assessment difference under s. 4,
45 Art. VII of the State Constitution.
46 3. If ad valorem taxes are not estimated using a tax
47 estimator or buyer payment calculator as provided in sub-
48 paragraph 2., the listing platform shall include a link to the
49 property appraiser's tax estimator for the county in which the
50 property is located, if available, or to such property
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HB 295 2024
51 appraiser's home page. The Department of Revenue must maintain a
52 table of links to each property appraiser's home page and tax
53 estimator, if available, on its website.
54 (c) Printed listing materials may not include the current
55 owner's ad valorem taxes.
56 (d) The Department of Revenue shall annually develop a
57 formula that may be used by a listing platform to calculate the
58 estimated ad valorem taxes required under this subsection. The
59 department shall require each property appraiser to provide the
60 department with any information needed to develop the formula,
61 including, at a minimum, the county name, tax district code,
62 summary school millage rate, and summary millage rate for all
63 other applicable taxing authorities. Beginning December 15,
64 2024, and annually thereafter, the department shall publish the
65 formula and the information collected from each property
66 appraiser under this paragraph on its website.
67 (e) The Department of Revenue may adopt rules to implement
68 paragraph (d).
69 Section 2. This act shall take effect July 1, 2024.
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hb0295-00
HB 367
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 367 Household Moving Services
SPONSOR(S): Tant
TIED BILLS: IDEN./SIM. BILLS: SB 304
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic Larkin Anstead
Development Subcommittee
2) Agriculture & Natural Resources
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
In order for an intrastate mover to operate in Florida, the mover must register with the Department of
Agriculture and Consumer Services (DACS) and comply with the provisions of chapter 507, which applies to
the operations of any mover or moving broker engaged in the intrastate transportation or shipment of
household goods originating in this state and terminating in this state. Movers and brokers engaged in the
interstate transportation of household goods are regulated by the Federal Motor Carrier Safety Administration
within the United States Department of Transportation.
The bill:
Revises requirements related to estimates and contracts for moving services prepared by a registered
mover.
Provides certain requirements for moving broker advertisements.
Requires each moving broker to provide the Florida Department of Agriculture and Consumer Services
(DACS) a list of registered movers that the broker is associated with in some capacity.
Requires DACS to publish and maintain a list of all moving brokers and registered movers each moving
broker is contracted with on its website.
Revises alternative coverages for movers and moving brokers.
Provides that DACS must immediately suspend the registration of a moving broker or registered mover
that does not maintain a performance bond, certificate of deposit, or liability insurance.
Requires the shipper, mover, and moving broker, if applicable, to sign or electronically acknowledge,
and date the estimate and the contract, and provide other detailed information.
Provides that the broker can only arrange a move with a registered mover and cannot give estimates or
provide a consumer with a contract for services; the registered mover may only provide those
documents.
Creates a third degree felony for movers who refuse to relinquish a shipper’s household goods after a
request by law enforcement who has determined that the shipper has tendered payment of the written
estimate or contract and any amendments reflecting price adjustments that are signed by the shipper.
The bill has no fiscal impact on local governments and may have an indeterminant 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: h0367.RRS
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Moving Scams
The Better Business Bureau (BBB) has seen a marked increase in complaints and negative reviews
about movers in recent years.1 Moving scams were projected to have increased 35% year over year in
2023, according to analysis by Hire-A-Helper, which researches and analyzes Better Business Bureau
complaints filed about movers. Scams are being blamed for bilking consumers out of an expected
$1.59 million in 2023, a 42% jump over 2022. The average victim says they’ve lost $836 in a moving
scam this year, the survey shows.
The most common scams are:
No-shows: Incidents of movers not showing up for a scheduled move accounted for 26% of the
scams reported. This is when a moving company asks the customer to make a deposit or to pay
an upfront fee but then fails to show up for the job. Often, the so-called moving company is later
unreachable, too.
Mover fraud: This is when fake moving companies pose as real businesses and perform the
work of moving people’s possessions—but then demand a ransom for consumers to get their
belongings back. This is also known as “hostage load,” as these movers extort customers for
additional charges. These comprised 24% of BBB complaints in 2023. The growth in these
reports has prompted the Federal Motor Carrier Safety Administration to launch a
crackdown(link is external) this spring.
Change-of-address scam: This is when scammers trick people who have recently moved into
paying a fee (usually around $100 or more) in order to have their address changed to their new
residence. Victims are directed to a website disguised to look like the U.S. Postal Service. (The
USPS offers a change-of-address service for free in person or at a modest fee of $1.05 online.)
Change of address scams accounted for 31% of complaints—the highest percentage—but that
is down from 37% last year, the report notes.2
The report warns of other scams, like movers who fail to adhere to the terms of the contract,
overcharge or bribe customers with discounts for positive reviews. The report notes that moving s cams
this year are the most prevalent in Wyoming (among one in every 4,426 moves), followed by Vermont,
South Dakota and Oregon.
To avoid being duped by a moving scam, researchers offer the following tips:
Compare multiple quotes from moving companies, and be skeptical of significantly lower or
higher quotes, lack of details, absence of written contracts and excessive down payments.
Check the company’s online presence, and look up verified customer reviews on websites such
as the Better Business Bureau(link is external).
Keep a detailed inventory, including photos, of your possessions in case anything goes missing.
Lock up your most expensive valuables.
Consider buying moving insurance as added protection.
1 Melissa Dittmann Tracey, National Association of Realtors, Realtor Magazine, Real Estate News, Moving Costs, Scams
Create Relocation Challenges, Aug. 1, 2023, https://www.nar.realtor/magazine/ real -estate-news/moving-costs-scams-
create-relocation-challenges (last visited Jan. 18, 2024).
2 Id.
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In 2022, nearly 15,198 complaints were filed with the BBB against moving companies,3 which also
reported the following frequent scams:
An initial low-ball estimate (usually provided without an in-person visit to review the belongings
that need to be moved) that turns into a demand for a much higher price once all of the
household belongings are on the moving truck and awaiting delivery. The truck driver can
simply drive away if the consumer refuses to pay the higher price. 4 , 5
Requiring the shipper to sign a blank or incomplete estimate or contract, which results in a
higher than expected price demanded at the time of delivery. 6
In March of 2021, the Florida Consumer Protection Division within the Office of the Attorney General
secured four judgments against moving companies that used deceptive advertising, failed to provide
proper estimates, failed to relinquish household goods, and failed to provide timely pick-up or delivery
of goods in accordance with service contracts.
In December, 2022, Attorney General Moody filed legal action against three individuals, two holding
companies, and multiple fraudulent moving brokerage businesses.7 According to the consumer
protection investigation, the businesses acted as a common enterprise to deceive more than 400
Floridians into believing the company professionally handled moving services, and promised to provide
refunds if anything went wrong. Instead, the companies hired third parties to complete the moving
services at subpar quality and refused to provide refunds. 8
Mover Regulations
In order for an intrastate mover to operate in Florida, the mover must register with the Department of
Agriculture and Consumer Services (DACS) and comply with the provisions of ch. 507, which applies to
the operations of any mover or moving broker engaged in the intrastate transportation or shipment of
household goods originating in this state and terminating in this state. Movers and brokers engaged in
the interstate transportation of household goods are regulated by the Federal Motor Carrier Safety
Administration within the United States Department of Transportation.
Movers and moving brokers who do business in Florida must register annually with DACS. 9 As of
December 4, 2023, there were 1,348 movers and 39 moving brokers with active Florida registrations. 10
In order to obtain a registration certificate, the mover or moving broker must file an application, pay a
3 Better Business Bureau, BBB Scam Alert: Avoid Moving Scams this National Moving Month (May 17, 2023)
https://www.bbb.org/article/scams/24198-bbb-scam-alert-avoid-moving-scams-this-national-moving-month (last visited
Jan. 18, 2024).
4 Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Tak e Belongings Hostage,
and Destroy Goods (Jun. 30, 2020), https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-
reveals-scammers-price-gouge-tak e-belongings-hostage-and-destroy-goods (last visited Jan. 18, 2024).
5 See, e.g., Jackie Callaway, Record Number of People File Complaints About Florida Movers in 2021; BBB rates 1,300
Companies ‘F’, (Dec. 2, 2021), available at https://www.abcactionnews.com/money/consumer/taking-action-for-
you/record-number-of-people-file-complaints-about-florida-movers-in-2021-bbb-rates-1-300-companies-f (last visited Jan.
18, 2024).
6 Florida Attorney General’s Office, Scams at a Glance: On the Move, http://myfloridalegal.com/webfiles.nsf/WF/TDGT-
BYLQQL/$file/Movers_Scams+at+a+Glance_English.pdf (last visited Jan. 18, 2024).
7 See Office of Attorney General Ashley Moody, Attorney General Moody Tak es Action to Shut Down Massive Moving
Scam (Dec. 8, 2022), News Release - Attorney General Moody Tak es Action to Shut Down Massive Moving Scam
(myfloridalegal.com) (last visited Jan. 18, 2024).
8 Id.
9 Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?,
https://www.fdacs.gov/Business-Servic es/Moving-Companies (last visited Jan. 18, 2024).
10 FDACS, License/Complaint Look up, available at
https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch. aspx (last visited Jan. 18, 2024). Search by
“program.”
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$300 annual registration fee, and meet certain statutory qualifications, including proof of insurance
coverage.11
Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated storage of
household goods as part of intrastate household moves. The chapter applies to any mover or moving
broker engaged in intrastate transportation or shipment of household goods that originates and
terminates in Florida.12 These regulations co-exist with federal law, which governs interstate moving of
household goods.13
A “mover” is a person who, for compensation, contracts for or engages in the loading, transportation,
shipment, or unloading of household goods as part of a household move. 14 A “moving broker” arranges
for another person to load, transport, ship, or unload household goods as part of a household move or
who refers a shipper to a mover by telephone, postal, or electronic mail, website, or other means. 15
‘Household move’ means the loading of household goods into a mode of transportation or shipment;
the transportation or shipment of those household goods; and the unloading of those household goods,
when the transportation or shipment originates and terminates at one of the following ultimate locations:
From one dwelling to another;
From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the
shipper’s agent; or
From a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent
to a dwelling.
Application for Registration
An applicant for a mover registration must provide:
its legal business and trade name, mailing address, and business locations;
the full names, addresses, and telephone numbers of its owners or corporate officers and
directors and the Florida agent of the corporation;
a statement whether it is a domestic or foreign corporation, its state and date of incorporation,
its charter number, and, if a foreign corporation, the date it registered with the Department of
State;
the date on which the mover or broker registered its fictitious name if the mover or broker is
operating under a fictitious or trade name;
the name of all other corporations, business entities, and trade names through which each
owner of the mover or broker operated, was known, or did business as a mover or moving
broker within the preceding 5 years;
proof of the required insurance or alternative coverages;
statements attesting to the current and pending history of any mover owners, officers, directors,
managing members, or general partners regarding:
o crimes involving fraud, dishonest dealings, or any act of moral turpitude; and
o civil fines or penalties arising out of any administrative or enforcement action brought by
any government agency or private person based upon conduct involving fraud,
dishonest dealing, or any violation of ch. 507, F.S.
DACS may deny, refuse to renew, or revoke the registration of any mover or broker when it determines
that the mover or broker, or any of the mover’s or broker’s directors, officers, owners, or general
partners has:
failed to meet the requirements for registration as provided in ch. 507;
11 Section 507.03, F.S.
12 Section 507.02, F.S.
13 Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA).
14 Section 507.01(9), F.S.
15 Section 507.01(10), F.S.
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been convicted of a crime involving fraud, dishonest dealing, or any other act of moral
turpitude16;
not satisfied a civil fine or penalty arising out of any administrative or enforcement action
brought by any governmental agency or private person based upon conduct involving fraud,
dishonest dealing, or any violation of this chapter;
pending against him or her any criminal, administrative, or enforcement proceedings in any
jurisdiction, based upon conduct involving fraud, dishonest dealing, or any other act of moral
turpitude; or
had a judgment entered against him or her in any action brought by DACS or the Department of
Legal Affairs under this chapter or the Florida Deceptive and Unfair Trade Practices Act.
Contracts and Estimate Requirements
Section 507.05, F.S., requires an intrastate mover to provide an estimate and contract to the
perspective shipper in writing and must be signed and dated by the shipper and mover before
commencing the move. The contract and estimate must include:
The name, telephone number, and physical address where the mover's employees are
available during normal business hours.
The date prepared and any proposed date of the move.
The name and address of the shipper, the addresses where the articles are to be picked up and
delivered, and a telephone number where the shipper may be reached.
The name, telephone number, and physical address of any location where the goods will be
held pending further transportation, including situations where the mover retains possession of
goods pending resolution of a fee dispute with the shipper.
An itemized breakdown and description and total of all costs and services for loading,
transportation or shipment, unloading, and accessorial services to be provided during a
household move or storage of household goods;
acceptable forms of payment, and
a phrase signifying that the mover is state-registered and identifying the mover’s registration
number.
A mover must clearly and conspicuously disclose to the shipper in the estimate and contract for
services the forms of payments the mover will accept. A mover shall accept a minimum of two of the
three following forms of payment:
Cash, cashier's check, money order, or traveler's check;
Valid personal check; or
Valid credit card.
Should a dispute arise over payment or costs, s. 507.06, F.S., provides that the mover may place the
shipper’s goods in a storage unit until payment is tendered. Because of ambiguity regarding what
payment may legally be demanded, some shippers have been taken advantage of by deceptive or
fraudulent moving practices. Often, moving fraud manifests as an increased fee assessed by the
mover, who then refuses to relinquish the shipper’s goods until the inflated price has been paid in full.
While administrative, civil, and criminal penalties exist in ch. 507, F.S., for such fraudulent moving
practices and other violations, the aggrieved shipper is not guaranteed the return of his or her goods
until after such remedies have been finalized.
Administrative Remedies and Penalties
16 Crimes of moral turpitude have not been defined by statute. Applicable case law has generally defined them as acts of
“baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in
general, contrary to the accepted and customary rule of right and duty between man and man." The determination that a
crime involves moral turpitude is made based on the statutory definition or nature of the crime, not the specific co nduct
predicating a particular conviction.
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DACS is authorized to issue an order for one or more of the following administrative remedies if it finds
that a mover or broker, or a person employed or contracted by a mover or broker, has violated ch. 507,
F.S., or rules or orders issued pursuant thereunder:
issuing a notice of noncompliance,
imposing a Class II administrative fine for each act or omission,
directing that the person cease and desist specified activities,
refusing to register or revoking or suspending a registration, and/or
placing the registrant on probation, subject to the conditions specified by DACS.
Rule 5J-15.002 of the Florida Administrative Code provides the specific penalty guidelines for violations
of ch. 507, F.S., or rules promulgated thereunder. DACS may issue a notice of noncompliance for
certain first violations. DACS may impose fines for “minor violations” that range from $1,000 to $2,500.
For “major violations,” DACS may impose an administrative fine that ranges from $1,000 to $5,000 or
impose any of the other penalties provided in s. 507.09(1)(b)-(e), F.S.
Insurance Coverage and Liability Limitations
Movers and moving brokers must maintain liability and motor vehicle insurance. A mover who operates
more than two vehicles is required to maintain liability insurance of at least $10,000 per shipment, and
not less than 60 cents per pound, per article.17 Movers who operate fewer than two vehicles are
required only to carry either a $25,000 performance bond or a $25,000 certificate of deposit in lieu of
liability insurance.18
Any contractual limitation to a mover’s liability for loss incurred to a shipper’s goods must be disclosed
in writing to the shipper, along with the valuation rate, but a mover’s attempt to limit its liability beyond
the minimum 60 cents per pound, per article rate is void under s. 507.04(4), F.S. If the mover offers
valuation insurance, it must inform the shipper of the opportunity to purchase valuation coverage to
compensate the shipper for household goods that are lost or damaged during a household m ove, prior
to execution of the contract for moving services.19
Local Ordinances and Regulations
Chapter 507, F.S., preempts local ordinances or regulations that relate to household moving, unless the
local regulation was adopted prior to January 1, 2011.20 Broward,21 Miami-Dade,22 Palm Beach,23 and
Pinellas 24 counties currently have such ordinances. Movers or moving brokers whose principal place of
business is located in a county or municipality with such an ordinance are required to register under
local and state laws. State law also allows for local taxes, fees, and bonding related to movers and
moving brokers, so long as any local registration fees are reasonable and do not exceed the cost of
administering the ordinance or regulation.25
Effect of the Bill
17 Sections 507.04(1)(a)1. and 507.04(4), F.S.
18 Section 507.04(1)(b), F.S.
19 Section 507.04(5), F.S.
20 Section 507.13, F.S.
21 Broward County Government, Movers,
https://www.broward.org/Consumer/ConsumerP rotection/Movers/Pages/default.aspx (last visited Dec. 4, 2023).
22 Miami-Dade County, Moving Companies—Laws & Tips, https://www.miamidade.gov/global/economy/consumer-
protection/moving-
companies.page#:~:text=Movers%20must%20insure%20your%20property,the%20value% 20of%20your%20property.&tex
t=The%20amount%20of%20added% 20value%20you%20purchase%20is%20up%20to% 20you. (last visited Jan. 18,
2024).
23 Palm Beach County, Moving, available at https://discover.pbcgov.org/publicsafety/consumeraffairs/pages/moving.aspx
(last visited Dec. 4, 2023).
24 Pinellas County, Moving, https://www.pinellascounty.org/consumer/moving. htm (last visited Jan. 18, 2024).
25 Section 507.13, F.S.
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The bill requires contracts and estimates to be prepared by registered movers, which prohibits such
documents from being prepared by moving brokers. It also updates the following definition:
“Moving broker” or “broker” means a person who, for compensation, arranges with a registered
mover for loading, transporting or shipping, or unloading of household goods as part of a
household move or who, for compensation, refers a shipper to a registered mover.
The bill clarifies that each estimate or contract of a “mover” must include a phrase that contains
the following:
The name of the firm;
A statement that indicates the firm is registered with the State of Florida as a mover; and
A Florida mover registration number.
The bill requires all moving brokers to be registered and clarifies that any document from a “moving
broker” must include:
The name of the firm;
A statement that indicates the firm is registered with the State of Florida as a moving broker;
and
A Florida moving broker registration number.
Each advertisement of a “moving broker” must include the following:
A Florida moving broker registration number;
The name of the firm; and
A phrase that states the firm is paid by a shipper to arrange, or offer to arrange, the
transportation of property by a registered mover.
The bill requires each moving broker to provide DACS with:
a complete list of registered movers that the moving broker has contracted or is affiliated with,
advertises on behalf of, arranges moves for, or refers shippers to, including each mover’s
complete name, address, telephone number, email address, and registration number and the
name of each mover’s owners, corporate officers, and directors.
any changes to the provided information.
DACS must publish and maintain a list of all moving brokers and the registered movers each moving
broker contracts with on its website.
The bill requires DACS to immediately issue a cease and desist order to a person upon finding that
such person is operating as a mover or moving broker without registering. Additionally, DACS may
seek an immediate injunction from the appropriate circuit court that prohibits the person from operating
in Florida until the person complies with the registration requirement, and may impose a civil penalty
not to exceed $5,000, and court costs.
The bill authorizes a mover that operates two or fewer vehicles to maintain one of the following
alternative coverages, in lieu of maintaining liability insurance coverage:
A performance bond in the amount of $50,000, up from the current $25,000, by a Florida-
approved surety company; or
A certificate of deposit in a Florida banking institution in the amount of $50,000, up from the
current $25,000.
The bill also requires a moving broker to maintain alternative coverages similar to a mover.
The bill requires DACS to immediately suspend a mover’s or moving broker’s registration if the mover
or moving broker fails to maintain the required performance bond, certificate of deposit, or the
appropriate insurance. In such cases, the mover or moving broker must immediately cease operating
as a mover or moving broker in Florida. Additionally, DACS may seek an immediate injunction from the
appropriate circuit court that prohibits the person from operating in Florida until the person complies
with the aforementioned requirements, a civil penalty not to exceed $5,000, and court costs.
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Estimates and Contracts for Service
The bill requires that an estimate and a contract must be prepared by a registered mover and provided
to a prospective shipper in writing, and the shipper, mover, and moving broker must sign or
electronically acknowledge and date the estimate and contract.
The bill requires the estimate and contract for service to include the following:
The name, telephone number, and physical address where the mover’s and moving broker’s
employees are available during normal business hours;
The date the estimate and contract were prepared by the mover and the proposed date or
dates of the shipper’s household move, including, but not limited to, loading,
transportation, shipment, and unloading of household goods and accessorial services;
The name and address of the shipper, the addresses where the articles are to be picked up and
delivered, and a telephone number where the shipper may be reached;
The name, telephone number, and physical address of the location where the household goods
will be held pending further transportation, including situations in which the mover retains
possession of household goods pending resolution of a fee dispute with the shipper;
An itemized breakdown and description and total of all costs and services for loading,
transportation or shipment, unloading, and accessorial services to be provided during a
household move or storage of household goods, including the fees of a moving broker, if used;
and
Acceptable forms of payment, which must be clearly and conspicuously disclosed to the shipper
on the binding estimate and the contract for services.
The bill:
Limits a moving broker to only arrange with a registered mover for the loading, transportation,
shipment, or unloading of household goods as part of a household move or refer a shipper to a
registered mover.
Prohibits moving brokers from giving a verbal estimate or preparing a written estimate or
contract for services that sets forth the total costs and describes the basis of those costs relating
to a shipper’s household move, including, but not limited to, the loading, transportation,
shipment, or unloading of household goods and accessorial services.
Requires a moving broker, before providing any service to a prospective shipper, to disclose to
the shipper that the broker may only arrange, or offer to arrange, the transportation of property
by a registered mover.
Prohibits a moving broker’s fees from including the cost of the shipper’s household move,
including, but not limited to, the loading, transportation, shipment, or unloading of household
goods and accessorial services.
The bill requires any document provided to a shipper by a moving broker to include the following:
The name of the moving broker and the moving broker’s registration number;
The following statement displayed at the top of the document:
o The name of the moving broker firm and that the firm is not a mover; and
o The name of the moving broker firm and a phrase stating the moving broker is paid by
the shipper to arrange, or offer to arrange, the transportation of property by a registered
mover and that the moving broker’s fees do not include the cost of the shipper’s
household move, including, but not limited to, the loading, transportation, shipment, or
unloading of household goods and accessorial services;
The name, telephone number, and physical address where the moving broker’s employees are
available during normal business hours;
An itemized breakdown and description and total of all costs for the moving broker’s fees to
arrange with a registered mover for the loading, transportation, shipment, or unloading of
household goods as part of a household move or to refer the shipper to a registered mover;
A list of all of the registered movers the moving broker has contracted with or is affiliated with,
advertises on behalf of, arranges moves for, or refers shippers to, including each mover’s
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complete name, address, telephone number, email address, Florida Intrastate Registration
Number, and the name of each mover’s owners, corporate officers, and directors; and
A list of acceptable forms of payment, which must include all of the forms of payment listed in at
least two of the following subparagraphs:
o Cash, cashier’s check, money order, or traveler’s check;
o Valid personal check; and
o Valid credit card.
The bill provides that upon notification and subsequent written verification by a law enforcement
agency, a court, a state attorney, or the Department of Law Enforcement, the DACS must immediately
suspend a registration or the processing of an application for a registration if the registrant, applicant, or
officer or director of the registrant or applicant is formally charged with a crime involving:
Fraud;
Theft;
Larceny;
Embezzlement;
Fraudulent conversion;
Misappropriation of property; or
A crime arising from conduct during a movement of household goods until final disposition of the
case or removal or resignation of that officer or director.
The bill amends the criminal penalties section to clarify that it is a felony of the third degree, if a mover
or mover’s employee, agent, or contractor refuses to comply with an order from a law enforcement
officer to relinquish a shipper’s household goods in the following scenarios:
After the officer determines that the shipper has tendered payment of the amount of a written
estimate or contract, and, if applicable, amendments to the contract for services reflecting the
price adjustment signed by the shipper; or
If the officer determines that the mover did not produce a signed or electronically acknowledged
binding estimate or contract for service and, if applicable, amendments to the contract for
services reflecting the price adjustment signed by the shipper.
B. SECTION DIRECTORY:
Section 1: amends s. 507.01, F.S, relating to definitions.
Section 2: amends 507.02, F.S., relating to intent.
Section 3: amends 507.03, F.S., relating to registration.
Section 4: amends 507.04, F.S., relating to liability insurance.
Section 5: amends 507.05, F.S., relating to estimates and contracts for service.
Section 6: amends 507.06, F.S., relating to moving brokers and services.
Section 7: amends 507.07, F.S., relating to violations.
Section 8: amends 507.09, F.S., relating to administrative remedies and penalties.
Section 9: amends 507.10, F.S., relating to liability insurance and registration suspension.
Section 10: amends 507.11, F.S., relating to criminal penalties.
Section 11: Provides effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Unknown.
2. Expenditures:
Unknown.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
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1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The public may see a faster resolution to moving disputes.
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 expenditure 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:
Rulemaking may be necessary for DACS to update applications to reflect the bill changes.26
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that upon notification and subsequent written verification by a law enforcement
agency, a court, a state attorney, or the Department of Law Enforcement that a registrant, applicant, or
officer or director of the registrant or applicant is formally charged with a crime involving fraud, theft,
larceny, embezzlement, or fraudulent conversion, DACS is required to suspend a registration or the
processing of an application for registration until final disposition of the case or removal or resignation
of that officer or director. However, it is unclear if DACS is receiving notification and subsequent written
verification by a law enforcement agency, a court, a state attorney, or the Department of Law
Enforcement, or alternatively, if DACS is receiving notification from any person or entity, and then
getting a subsequent written verification from one of the aforementioned entities. DACS stated that
“notification of exclusionary offenses usually occurs through complaints or news stories that
become known to division staff.”27
In several places throughout the bill, the term “mover” has been modified to “registered mover.” These
revisions may create unintended consequences.28
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
26 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2024 House Bill 376, p. 3 (Dec. 7, 2023).
27 Id., DACS Agency Analysis at 4.
28 Id.
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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 367 2024
1 A bill to be entitled
2 An act relating to household moving services; amending
3 s. 507.01, F.S.; revising definitions; amending s.
4 507.02, F.S.; providing construction; amending s.
5 507.03, F.S.; revising requirements for estimates,
6 contracts, and advertisements; conforming a cross-
7 reference; revising requirements relating to lists
8 provided to the Department of Agriculture and Consumer
9 Services by moving brokers; requiring the department
10 to publish and maintain a specified list on its
11 website; prohibiting certain persons from operating as
12 or holding themselves out to be a mover or moving
13 broker without registering with the department;
14 requiring the department to issue cease and desist
15 orders to certain persons under certain circumstances;
16 authorizing the department to seek an immediate
17 injunction under certain circumstances; amending s.
18 507.04, F.S.; revising alternative coverage
19 requirements; requiring the department to immediately
20 suspend a mover's or moving broker's registration
21 under certain circumstances; authorizing the
22 department to seek an immediate injunction under
23 certain circumstances; amending s. 507.05, F.S.;
24 revising requirements for contracts and estimates for
25 prospective shippers; creating s. 507.056, F.S.;
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26 providing limitations and prohibitions for moving
27 brokers; requiring moving brokers to make a specified
28 disclosure to shippers before providing any services;
29 prohibiting moving brokers' fees from including
30 certain costs; requiring that documents provided to
31 shippers by moving brokers contain specified
32 information; amending s. 507.07, F.S.; providing that
33 it is a violation of ch. 507, F.S., for moving brokers
34 to provide estimates or enter into contracts or
35 agreements that were not prepared and signed or
36 electronically acknowledged by a mover; amending s.
37 507.09, F.S.; conforming a cross-reference; requiring
38 the department, upon verification by certain entities,
39 to immediately suspend a registration or the
40 processing of an application for a registration in
41 certain circumstances; amending s. 507.10, F.S.;
42 conforming a cross-reference; amending s. 507.11,
43 F.S.; conforming provisions to changes made by the
44 act; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsections (4), (6), and (10) of section
49 507.01, Florida Statutes, are amended to read:
50 507.01 Definitions.—As used in this chapter, the term:
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51 (4) "Contract for service" or "bill of lading" means a
52 written document prepared by a registered mover which is
53 approved and electronically acknowledged or signed by the
54 shipper in writing before the performance of any service by the
55 mover and which authorizes services from the named mover to
56 perform and lists the services and lists all costs associated
57 with the household move and accessorial services to be
58 performed.
59 (6) "Estimate" means a written document prepared by a
60 registered mover that sets forth the total costs and describes
61 the basis of those costs, relating to a shipper's household
62 move, including, but not limited to, the loading, transportation
63 or shipment, and unloading of household goods and accessorial
64 services.
65 (10) "Moving broker" or "broker" means a person who, for
66 compensation, arranges with a registered mover for loading,
67 transporting or shipping, or unloading of for another person to
68 load, transport or ship, or unload household goods as part of a
69 household move or who, for compensation, refers a shipper to a
70 registered mover by telephone, postal or electronic mail,
71 Internet website, or other means.
72 Section 2. Present paragraph (b) of subsection (1) of
73 section 507.02, Florida Statutes, is redesignated as paragraph
74 (c), and a new paragraph (b) is added to that subsection, to
75 read:
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76 507.02 Construction; intent; application.—
77 (1) This chapter shall be construed liberally to:
78 (b) Establish the law of this state governing the
79 brokering of moves of household goods by moving brokers.
80 Section 3. Subsections (1), (2), (5), (6), (7), (9), and
81 (11) of section 507.03, Florida Statutes, are amended, and
82 subsections (12) and (13) are added to that section, to read:
83 507.03 Registration.—
84 (1) Each mover and moving broker must register with the
85 department, providing its legal business and trade name, mail ing
86 address, and business locations; the full names, addresses, and
87 telephone numbers of its owners, or corporate officers, and
88 directors and the Florida agent of the corporation; a statement
89 whether it is a domestic or foreign corporation, its state and
90 date of incorporation, its charter number, and, if a foreign
91 corporation, the date it registered with the Department of
92 State; the date on which the mover or moving broker registered
93 its fictitious name if the mover or moving broker is operating
94 under a fictitious or trade name; the name of all other
95 corporations, business entities, and trade names through which
96 each owner of the mover or moving broker operated, was known, or
97 did business as a mover or moving broker within the preceding 5
98 years; and proof of the insurance or alternative coverages
99 required under s. 507.04.
100 (2) A certificate evidencing proof of registration shall
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101 be issued by the department and must be prominently displayed in
102 the mover's or moving broker's primary place of business.
103 (5)(a) Each estimate or contract of a mover or moving
104 broker must include the phrase "...(NAME OF FIRM)... is
105 registered with the State of Florida as a Mover or Moving
106 Broker. Fla. Mover Registration No. ....."
107 (b) Any document from a moving broker must include the
108 phrase "...(NAME OF FIRM)... is registered with the State of
109 Florida as a Moving Broker. Fla. Moving Broker Registration No.
110 ....."
111 (6)(a) Each advertisement of a mover or moving broker must
112 include the phrase "Fla. Mover Reg. No. ...." or "Fla. I M No.
113 ....." Each of the mover's vehicles must clearly and
114 conspicuously display a sign on the driver's side door which
115 includes at least one of these phrases in lettering of at least
116 1.5 inches in height.
117 (b) Each advertisement of a moving broker must include the
118 phrase "Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING
119 BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is
120 paid by a shipper to arrange, or offer to arrange, the
121 transportation of property by a registered mover."
122 (7) A registration is not valid for any mover or moving
123 broker transacting business at any place other than that
124 designated in the mover's or moving broker's application, unless
125 the department is first notified in writing before any change of
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126 location. A registration issued under this chapter is not
127 assignable, and the mover or moving broker may not conduct
128 business under more than one name except as registered. A mover
129 or moving broker desiring to change its registered name or
130 location or designated agent for service of process at a time
131 other than upon renewal of registration must notify the
132 department of the change.
133 (9) The department shall deny or refuse to renew the
134 registration of a mover or a moving broker or deny a
135 registration or renewal request by any of the mover's or moving
136 broker's directors, officers, owners, or general partners if the
137 mover or moving broker has not satisfied a civil penalty or
138 administrative fine for a violation of s. 507.07(10) s.
139 507.07(9).
140 (11) At the request of the department, Each moving broker
141 shall provide the department with a complete list of the
142 registered movers that the moving broker has contracted or is
143 affiliated with, advertises on behalf of, arranges moves for, or
144 refers shippers to, including each mover's complete name,
145 address, telephone number, and e-mail address, and registration
146 number and the name of each mover's owners, corporate officers,
147 and directors owner or other principal. A moving broker must
148 notify the department of any changes to the provided
149 information. The department shall publish and maintain a list of
150 all moving brokers and the registered movers each moving broker
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151 is contracted with on its website.
152 (12) A person required to register pursuant to this
153 section may not operate as or hold itself out to be a mover or
154 moving broker without first registering with the department
155 pursuant to this section.
156 (13) The department must immediately issue a cease and
157 desist order to a person upon finding that such person is
158 operating as a mover or moving broker without registering
159 pursuant to this section. In addition, and notwithstanding the
160 availability of any administrative relief under chapter 120, the
161 department may seek from the appropriate circuit court a n
162 immediate injunction prohibiting the person from operating in
163 this state until the person complies with this section, a civil
164 penalty not to exceed $5,000, and court costs.
165 Section 4. Present subsections (3), (4), and (5) of
166 section 507.04, Florida Statutes, are redesignated as
167 subsections (4), (5), and (6), respectively, a new subsection
168 (3) is added to that section, and subsection (1) and present
169 subsections (4) and (5) of that section are amended, to read:
170 507.04 Required insurance coverages; liability
171 limitations; valuation coverage.—
172 (1) LIABILITY INSURANCE.—
173 (a)1. Except as provided in paragraph (b), each mover
174 operating in this state must maintain current and valid
175 liability insurance coverage of at least $10,000 per shipment
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176 for the loss or damage of household goods resulting from the
177 negligence of the mover or its employees or agents.
178 2. The mover must provide the department with evidence of
179 liability insurance coverage before the mover is registered with
180 the department under s. 507.03. All insurance coverage
181 maintained by a mover must remain in effect throughout the
182 mover's registration period. A mover's failure to maintain
183 insurance coverage in accordance with this paragraph constitutes
184 an immediate threat to the public health, safety, and welfare.
185 (b) A mover that operates two or fewer vehicles, in lieu
186 of maintaining the liability insurance coverage required under
187 paragraph (a), may, and each moving broker must, maintain one of
188 the following alternative coverages:
189 1. A performance bond in the amount of $50,000 $25,000,
190 for which the surety of the bond must be a surety company
191 authorized to conduct business in this state; or
192 2. A certificate of deposit in a Florida banking
193 institution in the amount of $50,000 $25,000.
194 (c) A moving broker must maintain one of the following
195 coverages:
196 1. A performance bond in the amount of $50,000, for which
197 the surety of the bond must be a surety company authorized to
198 conduct business in this state; or
199 2. A certificate of deposit in a Florida banking
200 institution in the amount of $50,000.
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201
202 The original bond or certificate of deposit must be filed with
203 the department and must designate the department as the sole
204 beneficiary. The department must use the bond or certificate of
205 deposit exclusively for the payment of claims to consumers who
206 are injured by the fraud, misrepresentation, breach of contract,
207 misfeasance, malfeasance, or financial failure of the mover or
208 moving broker or by a violation of this chapter by the mover or
209 moving broker. Liability for these injuries may be determined in
210 an administrative proceeding of the department or through a
211 civil action in a court of competent jurisdiction. However,
212 claims against the bond or certificate of deposit must only be
213 paid, in amounts not to exceed the determined liability for
214 these injuries, by order of the department in an administrative
215 proceeding. The bond or certificate of deposit is subject to
216 successive claims, but the aggregate amount of these claims may
217 not exceed the amount of the bond or certificate of deposit.
218 (3) REGISTRATION SUSPENSION.—The department must
219 immediately suspend a mover's or moving broker's registration if
220 the mover or moving broker fails to maintain the required
221 performance bond or the certificate of deposit under subse ction
222 (1) or the insurance required under subsection (2), and the
223 mover or moving broker must immediately cease operating as a
224 mover or moving broker in this state. In addition, and
225 notwithstanding the availability of any administrative relief
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226 pursuant to chapter 120, the department may seek from a circuit
227 court an immediate injunction prohibiting the mover or moving
228 broker from operating in this state until the mover or moving
229 broker complies with subsections (1) and (2), a civil penalty
230 not to exceed $5,000, and court costs.
231 (5)(4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may
232 not limit its liability for the loss or damage of household
233 goods to a valuation rate that is less than 60 cents per pound
234 per article. A provision of a contract for moving s ervices is
235 void if the provision limits a mover's liability to a valuation
236 rate that is less than the minimum rate under this subsection.
237 If a mover limits its liability for a shipper's goods, the mover
238 must disclose the limitation, including the valuation rate, to
239 the shipper in writing at the time that the estimate and
240 contract for services are executed and before any moving or
241 accessorial services are provided. The disclosure must also
242 inform the shipper of the opportunity to purchase valuation
243 coverage if the mover offers that coverage under subsection (6)
244 (5).
245 (6)(5) VALUATION COVERAGE.—A mover may offer valuation
246 coverage to compensate a shipper for the loss or damage of the
247 shipper's household goods that are lost or damaged during a
248 household move. If a mover offers valuation coverage, the
249 coverage must indemnify the shipper for at least the minimum
250 valuation rate required under subsection (5) (4). The mover must
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251 disclose the terms of the coverage to the shipper in writing at
252 the time that the estimate and contract for services are
253 executed and before any moving or accessorial services are
254 provided. The disclosure must inform the shipper of the cost of
255 the valuation coverage, the valuation rate of the coverage, and
256 the opportunity to reject the coverage. If valuation coverage
257 compensates a shipper for at least the minimum valuation rate
258 required under subsection (5) (4), the coverage satisfies the
259 mover's liability for the minimum valuation rate.
260 Section 5. Section 507.05, Florida Statutes, is amen ded to
261 read:
262 507.05 Estimates and contracts for service.—Before
263 providing any moving or accessorial services, an estimate and a
264 contract and estimate must be prepared by a registered mover and
265 provided to a prospective shipper in writing, and the shipper,
266 mover, and, if applicable, moving broker must sign or
267 electronically acknowledge and date the estimate and contract.
268 At a minimum, the estimate and contract for service must be
269 signed and dated by the shipper and the mover, and must include:
270 (1) The name, telephone number, and physical address where
271 the mover's and, if applicable, moving broker's employees are
272 available during normal business hours.
273 (2) The date the estimate and contract were or estimate is
274 prepared by the mover and the any proposed date or dates of the
275 shipper's household move, including, but not limited to,
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276 loading, transportation, shipment, and unloading of household
277 goods and accessorial services.
278 (3) The name and address of the shipper, the addresses
279 where the articles are to be picked up and delivered, and a
280 telephone number where the shipper may be reached.
281 (4) The name, telephone number, and physical address of
282 the any location where the household goods will be held pending
283 further transportation, including situations in which where the
284 mover retains possession of household goods pending resolution
285 of a fee dispute with the shipper.
286 (5) An itemized breakdown and description and total of all
287 costs and services for loading, transportation or shipment,
288 unloading, and accessorial services to be provided during a
289 household move or storage of household goods, including the fees
290 of a moving broker, if used.
291 (6) Acceptable forms of payment, which must be clearly and
292 conspicuously disclosed to the shipper on the binding estimate
293 and the contract for services. A mover must shall accept at
294 least a minimum of two of the three following forms of payment:
295 (a) Cash, cashier's check, money order, or traveler's
296 check;
297 (b) Valid personal check, showing upon its face the name
298 and address of the shipper or authorized representative; or
299 (c) Valid credit card, which shall include, but not be
300 limited to, Visa or MasterCard.
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301
302 A mover must clearly and conspicuously disclose to the shipper
303 in the estimate and contract for services the forms of payments
304 the mover will accept, including the forms of payment described
305 in paragraphs (a)-(c).
306 Section 6. Section 507.056, Florida Statutes, is created
307 to read:
308 507.056 Moving brokers; services.—
309 (1) A moving broker may only arrange with a registered
310 mover for the loading, transportation, shipment, or unloading of
311 household goods as part of a household move or refer a shipper
312 to a registered mover. Moving brokers may not give a verbal
313 estimate or prepare a written estimate or contract for services
314 that sets forth the total costs and describes the basis of those
315 costs relating to a shipper's household move, including, but not
316 limited to, the loading, transportation, shipment, or unloading
317 of household goods and accessorial services.
318 (2) Before providing any service to a prospective shipper,
319 a moving broker must disclose to the shipper that the broker may
320 only arrange, or offer to arrange, the transportation of
321 property by a registered mover. A moving broker's fees may not
322 include the cost of the shipper's household move, including, but
323 not limited to, the loading, transportation, shipment, or
324 unloading of household goods and accessorial services. Any
325 document provided to a shipper by a moving broker must include
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326 all of the following:
327 (a) The name of the moving broker and the moving broker's
328 registration number.
329 (b) The following statement displayed at the top of the
330 document: "...(Name of Moving Broker)... is not a mover.
331 ...(Name of Moving Broker)... is paid by the shipper to arrange,
332 or offer to arrange, the transportation of property by a
333 registered mover. The moving broker's fees do not include the
334 cost of the shipper's household move, including, but not limited
335 to, the loading, transportation, shipment, or unloading of
336 household goods and accessorial services."
337 (c) The name, telephone number, and physical address where
338 the moving broker's employees are available during normal
339 business hours.
340 (d) An itemized breakdown and description and tot al of all
341 costs for the moving broker's fees to arrange with a registered
342 mover for the loading, transportation, shipment, or unloading of
343 household goods as part of a household move or to refer the
344 shipper to a registered mover.
345 (e) A list of all of the registered movers the moving
346 broker has contracted with or is affiliated with, advertises on
347 behalf of, arranges moves for, or refers shippers to, including
348 each mover's complete name, address, telephone number, e -mail
349 address, Florida Intrastate Registration Number, and the name of
350 each mover's owners, corporate officers, and directors.
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351 (f) A list of acceptable forms of payment, which must
352 include all of the forms of payment listed in at least two of
353 the following subparagraphs:
354 1. Cash, cashier's check, money order, or traveler's
355 check.
356 2. Valid personal check, showing upon its face the name
357 and address of the shipper or authorized representative.
358 3. Valid credit card, which shall include, but not be
359 limited to, Visa or MasterCard.
360 Section 7. Present subsections (8) and (9) of section
361 507.07, Florida Statutes, are redesignated as subsections (9)
362 and (10), respectively, and a new subsection (8) is added to
363 that section, to read:
364 507.07 Violations.—It is a violation of this chapter:
365 (8) For a moving broker to provide an estimate or enter
366 into a contract or agreement for moving, loading, shipping,
367 transporting, or unloading services with a shipper which was not
368 prepared and electronically acknowledged or signed by a mover
369 who is registered with the department pursuant to this chapter.
370 Section 8. Section 507.09, Florida Statutes, is amended to
371 read:
372 507.09 Administrative remedies; penalties.—
373 (1) The department may enter an order doing one or more of
374 the following if the department finds that a mover or moving
375 broker, or a person employed or contracted by a mover or broker,
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376 has violated or is operating in violation of this chapter or the
377 rules or orders issued pursuant to this chapter:
378 (a) Issuing a notice of noncompliance under s. 120.695.
379 (b) Imposing an administrative fine in the Class II
380 category pursuant to s. 570.971 for each act or omission.
381 However, the department must impose an administrative fine in
382 the Class IV category for each violation of s. 507.07(10) s.
383 507.07(9) if the department does not seek a civil penalty for
384 the same offense.
385 (c) Directing that the person cease and desist specified
386 activities.
387 (d) Refusing to register or revoking or suspending a
388 registration.
389 (e) Placing the registrant on probation, subject to the
390 conditions specified by the department.
391 (2) The department, upon notification and subsequent
392 written verification by a law enforcement agency, a court, a
393 state attorney, or the Department of Law Enforcement, must
394 immediately suspend a registration or the processing of an
395 application for a registration if the registrant, applicant, or
396 officer or director of the registrant or applicant is formally
397 charged with a crime involving fraud, theft, larceny,
398 embezzlement, or fraudulent conversion or misappropriation of
399 property or a crime arising from conduct during a movement of
400 household goods until final disposition of the case or removal
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401 or resignation of that officer or director.
402 (3) The administrative proceedings that which could result
403 in the entry of an order imposing any of the penalties specified
404 in subsection (1) or subsection (2) are governed by chapter 120.
405 (4)(3) The department may adopt rules under ss. 120.536(1)
406 and 120.54 to administer this chapter.
407 Section 9. Subsection (2) of section 507.10, Florida
408 Statutes, is amended to read:
409 507.10 Civil penalties; remedies.—
410 (2) The department may seek a civil penalty in the Class
411 II category pursuant to s. 570.971 for each violation of this
412 chapter. However, the department must seek a civil penalty in
413 the Class IV category for each violation of s. 507.07(10) s.
414 507.07(9) if the department does not impose an administrative
415 fine for the same offense.
416 Section 10. Subsection (1) of section 507.11, Florida
417 Statutes, is amended to read:
418 507.11 Criminal penalties.—
419 (1) The refusal of a mover or a mover's employee, agent,
420 or contractor to comply with an order from a law enforcement
421 officer to relinquish a shipper's household goods after the
422 officer determines that the shipper has tendered payment of the
423 amount of a written estimate or contract for service, including
424 any amendments to the estimate or contract reflecting price
425 adjustments signed by the shipper, or after the officer
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426 determines that the mover did not produce such a signed or
427 electronically acknowledged binding estimate or contract for
428 service upon which demand is being made for payment, is a felony
429 of the third degree, punishable as provided in s. 775.082, s.
430 775.083, or s. 775.084. A mover's compliance with an order from
431 a law enforcement officer to relinquish goods to a shipper is
432 not a waiver or finding of fact regarding any right to seek
433 further payment from the shipper.
434 Section 11. This act shall take effect July 1, 2024.
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HB 429
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 429 Timeshare Properties
SPONSOR(S): Robinson, W.
TIED BILLS: IDEN./SIM. BILLS: SB 756
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Judiciary Committee
3) Commerce Committee
SUMMARY ANALYSIS
Chapter 721, F.S., the Florida Vacation Plan and Timesharing Act (Timeshare Act), administered by the Division of
Florida Condominiums, Timeshares, and Mobile Homes (DFCT) within the Department of Business and
Professional Regulation (DBPR), establishes requirements for the creation, sale, exch ange, promotion, and
operation of timeshare plans, including requirements for full and fair disclosure to purchasers and prospective
purchasers.
The Timeshare Act authorizes the board of administration of any owners' association that operates a timeshare
condominium, or a timeshare cooperative, to make “material alterations” or “substantial additions” to
accommodations or facilities without the approval of the owners' association. Current law does not reference the
“deletion” of accommodations or facilities.
The Timeshare Act requires the managing entity of a timeshare plan to provide an “assessment certificate” within 30
days after receiving a written request from a timeshare interest owner, an agent designated in writing by the
timeshare interest owner, or a person providing resale transfer services for a consumer timeshare reseller. The
assessment certificate must be signed by an officer or agent of the managing entity, to the p erson requesting the
certificate, state the amount of any assessment, transfer fee, or other moneys currently owed to the managing
entity, and approved by the managing entity that will be due within the next 90 days.
Condominium and cooperative association purchasers are authorized to request that the seller provide an “estoppel
certificate,” from the condominium or cooperative association, which must be provided within 10 days after receiving
a written request. An estoppel certificate certifies the amount of any total debt owed to the association for unpaid
monetary obligations by a unit or parcel owner as of a specified date.
Operators of public lodging establishments or public food service establishments are authorized to remove or refuse
to accommodate persons for offenses such as drug use, or intoxication. The Timeshare Act does not authorize the
managing entity of a timeshare project these same rights.
The bill amends the Timeshare Act, as follows:
Authorizes the board of administration for a condominium or cooperative association to “delete”
accommodations or facilities without the approval of the members of the association.
Grants the managing entity of a timeshare project all of the same rights and remedies to remove and refuse
to accommodate that an operator of a public lodging establishment or public food service establishment has.
Requires the managing entity of a timeshare condominium or timeshare cooperative to provide the
assessment certificate required under the Timeshare Act in lieu of the estoppel certificate relating to
condominium and cooperative associations.
The bill does not appear to have a fiscal impact on state or local governments.
The effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida Vacation Plan and Timesharing Act
A timeshare interest is a form of ownership of real and personal property. 1 In a timeshare, multiple
parties hold the right to use a condominium unit or a cooperative unit. Each owner of a timeshare
interest is allotted a period of time (typically one week) during which the owner has the exclusive right
to use the property.
Chapter 721, F.S., the Florida Vacation Plan and Timesharing Act (Timeshare Act), administered by the
Division of Florida Condominiums, Timeshares, and Mobile Homes (DFCT) within the Department of
Business and Professional Regulation (DBPR), is the chapter of Florida law that governs vacation
plans and timesharing in the state. The purpose of the Timeshare Act is to:
Recognize real and personal property timeshare plans in the state;
Establish procedures for the creation, sale, exchange, promotion and operation of timeshare
plans;
Provide full and fair disclosure to purchasers and prospective purchasers of timeshare plans;
Require every timeshare plan in the state to be subjected to the provisions of the chapter;
Require full and fair disclosure of terms, conditions, and services by resale service providers;
and
Recognize that a uniform and consistent method of regulation is necessary to safeguard
Florida's tourism industry and the state's economic well-being.2
The Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of
at least three years when the accommodations and facilities are located or offered within this state. 3
The Act governs vacation plans and timesharing,4 and multisite vacation and timeshare plans that are
also known as vacation clubs.5
The term “timeshare plan” means any arrangement, plan, scheme, or similar device, other than an
exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental
agreement, license, or right-to-use agreement or by any other means, where a purchaser, for
consideration, receives ownership rights in or a right to use accommodations and facilities, if any, for a
period of time less than a full year during any given year, but not necessarily for consecutive years.6
The term includes both personal property timeshare and real property timeshare plans. 7
A “timeshare unit” is an accommodation of a timeshare plan which is divided into timeshare periods or
a condominium unit in which timeshare estates have been created.8
A “timeshare estate” is a right to occupy a timeshare unit, coupled with a freehold estate or an estate
for years with a future interest in a timeshare property or a specified portion thereof. 9 The term also
1 See s. 721.05(36), F.S.
2 s. 721.02, F.S.
3 S. 721.03, F.S.
4 Ch. 721, part I, F.S.
5 Ch. 721, part II, F.S.
6 S. 721.05(39), F.S.
7 S. 721.05(39)(a), F.S., defines a “personal property timeshare plan,” as a timeshare plan in which the accommodations are comprised
of personal property that is not permanently affixed to real property. Section 721.05(39)(b), F.S., defines a “real propert y timeshare
plan,” as a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real
property.
8 See ss. 721.05(41) and 718.103(26), F.S.
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includes an interest in a condominium unit, a cooperative unit, or a trust. Whether the term includes
both direct and indirect interests in trusts is not specified. An example of an indirect interest in a trust is
the interest of a trust beneficiary’s spouse or other dependent.
A “timeshare license” is the right to occupy a timeshare unit, which right is not a personal property
timeshare interest or a timeshare estate.10
A “timeshare interest” is a timeshare estate, a personal property timeshare interest, or a timeshare
license.11
Board of Administration
Each condominium, cooperative, and homeowners’ association is governed by a board of
administration elected by the association’s members or appointed by a developer prior to turnover to
the association. The board has those duties described in statute and in the association’s governing
documents, including association administration, policy development, and property maintenance. 12 A
board director also has a fiduciary responsibility to the association’s members and must use the highest
degree of good faith in placing the interests of the members above his or her own personal interests. 13
To ensure that a director is able to faithfully and competently exercise his or her duties, within 90 days
of being elected or appointed to the board, each newly elected or appointed director must:
Certify in writing that he or she has read the association’s governing documents; will work to
uphold the governing documents to the best of his or her ability; and will faithfully discharge his
or her fiduciary responsibility to the association’s members; or
Submit a certificate showing he or she satisfactorily completed the educational curriculum
administered by a DFCT-approved14 education provider within one year before or 90 days after
his or her election or appointment date (“educational certificate”). 15
Application of the Condominium and Cooperative Acts
In addition to regulation under the Timeshare Act, a timeshare plan may also be subject to ch. 718, F.S.
(the Condominium Act) or ch. 719, F.S. (the Cooperative Act); where this is the case, the timeshare
plan must meet the requirements of both chapters unless an exemption applies. 16 Specifically, if a
timeshare plan subject to either the Condominium Act or the Cooperative Act is fully compliant with the
Timeshare Act, the timeshare plan is exempt from certain provisions of the Condominium Act or the
Cooperative Act, including provisions relating to:
Sales or reservation deposits prior to closing;
Filing prior to sale or lease;
Disclosures prior to sale;
The prospectus or offering circular; and
Conversions to the condominium or cooperative form of ownership. 17
Timeshares Under the Condominium Act
9 S. 721.05(34), F.S.
10 S. 721.05(37), F.S.
11 S. 721.05(36), F.S.
12
See generally chs. 718, 719, and 720, F.S.; Florida DBPR, FAQs, http://www.myfloridalicense.com/DBPR/condominiu ms -and-
cooperatives/faqs/#1492784365590-e9ec1083-2ca1 (last visited Jan. 21, 2024).
13 Id.
14 A DFCT-approved provider must cover specified topics in its education program, which may include budgets; reserves; elections;
financial reporting; association operations; dispute resolution; and records maintenance. For a list of DFCT-approved education
providers, see http://www.myfloridalicense.com/dbpr/lsc/documents/CondoCOOPListofApprovedProviders2015.pdf (last visited Feb.
7, 2022). 61B-19.001 and 61B-75.0051, F.A.C.
15 This requirement does not apply to the board of directors for a commercial condominium. Ss. 718.112(2)(d), 719.106(1)(d), and
720.3033(1)(a)-(c), F.S.
16 S. 721.03(2), F.S.
17 S. 721.03(3), F.S.
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Timeshare estates may not be created with respect to any condominium unit except pursuant to
provisions in the declaration of condominium expressly permitting the creation of such estates. 18 A
declaration must, if timeshare estates will or may be created with respect to any condominium unit:
Provide a statement in conspicuous type declaring that timeshare estates will or may be
created with respect to units in the condominium; and
Define and describe in detail the degree, quantity, nature, and extent of the timeshare estates
that will or may be created.19
Unless otherwise provided in the declaration as originally recorded, an amendment to the declaration
may not authorize a timeshare estate to be created in any condominium unit unless the record owner of
each condominium unit and of liens on each condominium unit join in the amendment’s execution. 20
Timeshares Under the Cooperative Act
Original cooperative documents 21 must describe whether or not timeshare estates will or may be
created with respect to any cooperative units and, if so, the degree, quantity, nature, and extent of such
estates, specifying the minimum duration of the recurring periods of rights of use, possession or
occupancy that may be established with respect to any unit. 22 Unless the creation of timeshare estates
in any cooperative unit is authorized by the original cooperative documents an amendment adding
phases to a cooperative that authorizes the creation of timeshare estates in any unit of the additional
phase requires the execution or consent by all unit owners other than the developer.23
Public Offering Statement
Prior to offering any timeshare plan, a developer must submit a public offering statement, which must
include certain information and disclosures, to the DFCT.24 Any amendment to an approved offering
statement must be filed with the DFCT for approval prior to becoming effective.25
Extension or Termination of Timeshare Plans
The Timeshare Act provides a statutory default provision for timeshare instruments that have been in
existence for at least 25 years and are silent as to how the plan terminates or is extended. A vote or
written consent of 60 percent of all the voting interests in the timeshare plan is required to extend or
terminate the term of a timeshare plan.26
If the term of a timeshare plan is extended, all rights, privileges, duties, and obligations created under
applicable law or the timeshare instrument continue in full force. If a timeshare plan is terminated, the
termination has immediate effect pursuant to applicable law and the timeshare instrument. 27
A termination, extension vote or consent proposed for a component site of a multisite timeshare plan
located in this state is effective only if the person authorized to make additions or substitutions
approves.28
18 The “declaration of condominium” is the ins trument creating the condominium, as it is amended from time to time. Ss. 718.103(15)
and 718.1045, F.S.
19 S. 718.104(4)(o), F.S.
20 S. 718.110(8), F.S.
21 “Cooperative documents” means the documents: creating the cooperative; evidencing a unit owner’s membe rship or share in the
association; or recognizing a unit owner’s title or right of possession to his or her unit. S. 719.103(13), F.S.
22 S. 719.403(2)(f), F.S.
23 S. 719.403(6)(e), F.S.
24 ss. 721.07 and 721.55, F.S.
25 s. 721.07(3)(a)1., F.S.
26 S. 721.125, F.S.
27 Id.
28 Id.
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After termination of a timeshare plan, the board serves as the termination trustee. In that fiduciary
capacity, the board may bring a partition action on behalf of the tenants in common in each former
timeshare property, or may sell the former timeshare property in any manner and to any person
approved by a majority of all the tenants in common. The board also has all other powers reasonably
necessary to accomplish the partition or sale, including the power to maintain the property while the
partition action or sale is pending, and must adopt reasonable procedures to implement the partition or
sale and comply with statutory requirements.29 All reasonable expenses incurred by the board relating
to the performance of its trustee duties, including reasonable fees of attorneys and other professionals,
must be paid by the tenants in common, in proportion to their respective ownership interests. 30
If a timeshare plan is terminated in a timeshare condominium or timeshare cooperative and the
underlying condominium or cooperative is not simultaneously terminated, a majority of the tenants in
common in each former timeshare unit present and voting in person or by proxy at a meeting of such
tenants in common conducted by the termination trustee, or conducted by the board of administration
of the condominium or cooperative association, if such association managed the former timeshare
property, are required to:31
Designate a voting representative for the unit and file a voting certificate with the condominium
or cooperative association.
Allow the voting representative to vote on all matters at meetings of the condominium or
cooperative association, including termination of the condominium or cooperative.
Management of a Timeshare Plan
Current law requires the developer to provide a managing entity for each timeshare plan, which entity
may be the developer, a separate manager or management company, or an owners’ association. 32 Any
owner’s association must be created before the first closing of the sale of a timeshare interest.33
However, with respect to a timeshare plan which is also regulated under chs. 718 or 719, F.S., or which
contains a mandatory owner’s association, the board is the timeshare plan’s managing entity. 34
The duties of a managing entity include:
Management and maintenance of all accommodations and facilities constituting the timeshare
plan;
Collection of all assessments for common expenses;
Providing an itemized annual budget to all purchasers;
Maintaining all books and records concerning the timeshare plan and making such books and
records reasonably available for inspection by any purchaser;
Arranging for an annual audit of the timeshare plan’s financial statement;
Scheduling timeshare unit occupancy in certain circumstances;
Performing any other functions and duties necessary to maintain the accommodations or
facilities; and
Entering into ad valorem tax escrow agreements before the receipt of any ad valorem tax
escrow payments under certain conditions.
Managing Entity
The Timeshare Act requires the developer to provide a managing entity for each timeshare plan. The
managing entity operates or maintains the timeshare plan.35 The managing entity may be the
developer, a separate manager or management firm, or an owners' association. 36
29 S. 721.125(3)(a)1., F.S.
30 S. 721.125(3)(a)2., F.S.
31 Id.
32 “Owners’ association” means an association made up of all owners of timeshare interests in a timeshare plan, including develo pers
and timeshare plan purchasers. Ss. 721.05(27) and 721.13, F.S.
33 S. 721.13(1)(a), F.S.
34 S. 721.13(1)(b), F.S.
35 See s. 721.05(22), F.S., defining the term “managing entity.”
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The duties of the managing entity include, but are not limited to: 37
Management and maintenance of all accommodations and facilities constituting the timeshare
plan.
Collection of all assessments for common expenses.
Providing annually to all purchasers an itemized annual budget that includes estimated
revenues and expenses.
Maintenance of books and records concerning the timeshare plan so that all such books and
records are reasonably available for inspection by any purchaser or their authorized agent.
Arranging for an annual audit of the financial statements of the timeshare plan by a certified
public accountant licensed by the Board of Accountancy of DBPR, in accordance with generally
accepted auditing standards as defined by the rules of the Board of Accountancy of DBPR.
Making available for inspection by the DFCT any books and records of the timeshare plan upon
the request of the DFCT.
Scheduling occupancy of the timeshare units, when purchasers are not entitled to use specific
timeshare periods, so that all purchasers will be provided the use and possession of the
accommodations and facilities of the timeshare plan which they have purchased.
Performing any other functions and duties which are necessary and proper to maintain the
accommodations or facilities, as provided in the contract and as advertised.
Entering into an ad valorem tax escrow agreement prior to the receipt of any ad valorem tax
escrow payments into the ad valorem tax escrow account, as long as an independent escrow
agent is required by s. 192.037, F.S., and submitting to the DFCT the statement of receipts and
disbursements regarding the ad valorem tax escrow account.
Managing Entity Emergency Powers
Florida law provides for the exercise of specified emergency powers by the boards of condominium,
cooperative, and homeowners’ associations in response to damage or injury caused by or anticipated
in connection with a declared state of emergency.38 Such emergency powers include, unless prohibited
by other law or the association’s governing documents, the power to:
Conduct board meetings, elections, and membership meetings by telephone, real-time
videoconferencing, or similar real-time electronic or video communication with notice given as
practicable;
Cancel and reschedule any association meeting;
Name as assistant officers person who are not board directors;
Relocate the association’s principal office or designate alternative principal offices;
Enter into agreements with local governments to assist with debris removal;
Implement a disaster or emergency plan that may include, but is not limited to, shutting down or
off elevators; electricity; water, sewer, or security systems; or air conditioners;
Determine any portion of the association property is unavailable for entry or occupancy in
certain circumstances;
Require the evacuation of association property in certain circumstances;
Determine that association property can be safely inhabited, accessed, or occupied, in certain
circumstances;
Mitigate further damage, injury, or contagion;
Contract for items or services for which the owners are otherwise individually responsible, but
which are necessary to prevent further injury, contagion, or damage, and obtain reimbursement;
Levy special assessments without an owner vote; and
Borrow money or pledge association assets as collateral to fund emergency repairs and carry
out association duties when operating funds are insufficient. 39
36 S. 721.13(1)(a), F.S.
37 S. 721.13(3), F.S.
38 Ss. 718.1265, 719.128, and 720.316, F.S.
39 The powers to require association property evacuation and to contract for items or services for which the owners are otherwis e
individually responsible are only held by condominium and cooperative associations.
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However, the Act does not provide comparable emergency powers for a timeshare plan’s managing
entity.
Material Alterations or Substantial Additions to Accommodations or Facilities
Notwithstanding anything to the contrary in s. 718.110, F.S., 40 s. 718.113, F.S.,41 s. 718.114, F.S.,42 or
s. 719.1055, F.S.,43 the board of administration of any owners' association that operates a timeshare
condominium pursuant to s. 718.111, F.S., or a timeshare cooperative pursuant to s. 719.104, F.S., has
the power to make material alterations or substantial additions to the accommodations or facilities of
such timeshare condominium or timeshare cooperative without the approval of the owners' association.
Current law does not reference the deletion of accommodations or facilities. 44
If the timeshare condominium or timeshare cooperative contains any residential units that are not
subject to the timeshare plan, the board of administration for the condominium or cooperative must
obtain the approval of a majority of the owners of such residential units before it can make any material
alterations or substantial additions to the accommodations or facilities of such timeshare condominium
or timeshare cooperative. However, unless otherwise provided in the timeshare instrument as originally
recorded, an amendment may not change the configuration or size of any accommodation in any
material fashion, or change the proportion or percentage by which a member of the owners' association
shares the common expenses, unless the record owners of the affected units or timeshare interests
and all record owners of liens on the affected units or timeshare interests join in the execution of the
amendment.45
Assessment Certificates
Condominiums and Cooperatives
“Common expenses” are all expenses and assessments properly incurred by a condominium or
cooperative association.46
An assessment is a unit or parcel owner’s share of the funds required for the payment of the
association’s common expenses.47 A special assessment is any assessment levied against a unit or
parcel owner other than the assessment adopted in the annual budget. 48
Assessments that are unpaid may become a lien on the unit or parcel.49 An owner is jointly and
severally liable with the previous owner for all unpaid assessments that come due up to the time of
40 S. 718.110, F.S., provides for the amending of a declaration of condominium and, in part, prohibits any amendment that materially
alters or substantially adds to the condominium property, unless all recorded unit owners and all record owners of liens join in and
approve the execution of the amendment.
41 Section 718.113., F.S., sets forth the responsibility of a condominium association to maintain the common elements of the
condominium and, in relevant part, prohibits any material alteration or substantial additions to the common elements or to re al
property which is association property, except in a manner provided in the declaration as originally recorded or as amended u nder the
procedures provided in the declaration. However, if the declaration as originally recorded or as amended does not specif y the
procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the asso ciation must
approve the alterations or additions before the material alterations or substantial additions are commenced.
42 Section 718.114, F.S., authorizes condominium associations, with specified conditions, to “enter into agreements to acquire
leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, ma rinas, and
other recreational facilities, regardless of whether the lands or facilities are contiguous to the lands of the condominium, if such lands
and facilities are intended to provide enjoyment, recreation, or other use or benefit to the unit owners.”
43 Section 719.1055, F.S., provides for the amendment of cooperative documents and, in part, prohibits any amendment that materially
alters or substantially adds to the cooperative property, unless all recorded unit owners and all record owners of liens join in and
approve the execution of the amendment.
44 S. 721.13(8), F.S.
45 Id.
46 Ss. 718.103(10) and 719.103(9), F.S., relating to condominium and cooperative associations, respectively.
47 Ss. 718.103(1) and 719.103(1), F.S., relating to condominium and cooperative associations, respectively.
48 Ss. 718.103(24) and 719.103(23), F.S., relating to condominium and cooperative associations, respectively.
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transfer of title.50 This liability is without prejudice to an owner’s right to recover from the previous owner
the amounts paid that were assessed during the time that the previous owner owned the property. 51
To protect against undisclosed financial obligations and to obtain title to the property free of any lien or
encumbrance in favor of the association, purchasers may request that the seller provide an estoppel
certificate, also known as an assessment certificate, from the condominium or cooperative association.
An estoppel certificate certifies the amount of any total debt owed to the association for unpaid
monetary obligations by a unit or parcel owner as of a specified date. 52
Within 10 days after receiving a written request for an estoppel certificate, the association is required to
provide an estoppel certificate signed by an officer or agent of the association stating all assessments
and other moneys owed to the association by the owner with respect to the unit or parcel. In addition to
specifying the amount of any debt owed to the association, an estoppel certificate must also include
specific information about the association and the property to be purchased, including the amount of
any regular periodic assessments or other fees. 53
Timeshares
A purchaser of a timeshare estate or timeshare license is personally liable for all assessments for
common expenses which come due while the purchaser is the owner of such interest. 54 A successor in
interest of timeshare estate or timeshare license is jointly and severally liable with her or his
predecessor in interest for all unpaid assessments against such predecessor up to the time of transfer
of the timeshare interest to such successor without prejudice to any right a successor in interest may
have to recover from her or his predecessor in interest any amounts assessed against such
predecessor and paid by such successor. 55
The managing entity of a timeshare plan must provide an assessment certificate within 30 days after
receiving a written request from:
A timeshare interest owner;
An agent designated in writing by the timeshare interest owner; or
A person providing resale transfer services for a consumer timeshare reseller.
The assessment certificate must be:
Signed by an officer or agent of the managing entity;
To the person requesting the certificate;
State the amount of any assessment, transfer fee, or other moneys:
o Currently owed to the managing entity; and
o Approved by the managing entity that will be due within the next 90 days.
With respect to the designated consumer resale timeshare interest, as well as any information
contained in the books and records of the timeshare plan regarding the legal description and
use plan related to the designated consumer resale timeshare interest. 56
The managing entity may charge a fee not to exceed $150 for the preparation and delivery of the
certificate, and the amount of the fee must be included on the certificate. 57
Public Lodging Establishments and Public Food Service Establishments
49 Ss. 718.116(5) and 719.108(4), F.S., relating to condominium and cooperative associations, respectively.
50 Ss. 718.116(1)(a) and 719.108(1), F.S., relating to condominium and cooperative associations, respectively.
51 Id. The term “without prejudice” means “without loss of any rights; in a way that does not harm or cancel the legal rights or
privileges of a party.” BLACK’S LAW DICT IONARY 770 (10th ed. 2014).
52 Ss. 718.116(8) and 719.108(6), F.S., relating to condominium and cooperative associations, respectively.
53 Id.
54 S. 721.15(7), F.S.
55 Id.
56 Id.
57 Id.
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The Division of Hotels and Restaurants (DHR) within DBPR is charged with enforcing the provisions of
ch. 509, F.S., relating to the regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. 58
Public lodging establishments are classified as a hotel, motel, nontransient apartment, transient
apartment, bed and breakfast inn, timeshare project, or vacation rental. 59 A “timeshare project” is
defined as “a timeshare property, as defined in ch. 721, F.S., that is located in this state and that is also
a transient public lodging establishment.” 60
The term “public lodging establishments” includes transient and non-transient public lodging
establishments.61 The principal differences between transient and non-transient public lodging
establishments are the number of times that the establishments are rented in a calendar year and the
duration of the rentals.
A “transient public lodging establishment” is defined as: 62
…any unit, group of units, dwelling, building, or group of buildings within a single
complex of buildings which is rented to guests more than three times in a calendar
year for periods of less than 30 days or 1 calendar month, whichever is less, or
which is advertised or held out to the public as a place regularly rented to guests.
(emphasis added)
A “non-transient public lodging establishment” is defined as: 63
…any unit, group of units, dwelling, building, or group of buildings within a single
complex of buildings which is rented to guests for periods of at least 30 days or 1
calendar month, whichever is less, or which is advertised or held out to the public as
a place regularly rented to guests for periods of at least 30 days or 1 calendar
month. (emphasis added)
Removal or Refusal to Accommodate
Operators of public lodging establishments or public food service establishments are authorized to
remove persons from their establishments, including the right to have a law enforcement officer remove
a person from the establishments, as follows:
Operators may remove or cause to be removed a person, including any guest of the
establishment who, while on the premises of the establishment:64
o Illegally possesses or deals in controlled substances as defined in ch. 893, F.S.;
o Is intoxicated, profane, lewd, or brawling;
o Indulges in any language or conduct which disturbs the peace and comfort of other
guests or which injures the reputation, dignity, or standing of the establishment;
o Fails to check out by the time agreed upon in writing by the guest and public lodging
establishment at check-in unless an extension of time is agreed to by the public lodging
establishment and guest prior to checkout;
o Fails to make payment for food, beverages, or services; or
o In the opinion of the operator, is a person the continued entertainment of whom would
be detrimental to the establishment.
Operators may refuse accommodations or service to any person who:65
58 S. 509.032(1), F.S.
59 S. 509.242(1), F.S. See s. 509.013(4)(b), F.S., which exempts the several types of establishments from the definition of “public
lodging establishment.”
60 S. 509.242(1)(g), F.S.
61 S. 509.013(4)(a), F.S.
62 S. 509.013(4)(a)1., F.S.
63 S. 509.013(4)(a)2., F.S.
64 S. 509.141, F.S.
65 S. 509.142, F.S.
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o Displays intoxication, profanity, lewdness, or brawling;
o Indulges in language or conduct such as to disturb the peace or comfort of other guests;
o Engages in illegal or disorderly conduct;
o Illegally possesses or deals in controlled substances as defined in ch. 893, F.S., or
o Constitutes a nuisance.
Operators may take into custody and detain a person in a reasonable manner and for a
reasonable time if:
o The operator has probable cause to believe that the person was engaging in disorderly
conduct in violation of s. 877.03, F.S.,66 on the premises of the licensed establishment;
and
o Such conduct was creating a threat to the life or safety of the person or others. 67
Law enforcement officers or operators may take a person into custody on the premises
and detain such person in a reasonable manner and for a reasonable period of time if:
o They have probable cause to believe that theft of personal property belonging to such
establishment has been committed by a person; and
o The officer or operator can recover such property or the reasonable value thereof by
taking the person into custody for the purpose of attempting to effect such recovery or
for prosecution.68
Effect of Proposed Changes
Material Alterations, Additions, and Deletions to Accommodations or Facilities
The bill authorizes the board of administration for a condominium or cooperative association to “delete”
accommodations or facilities without the approval of the members of the association.
The bill clarifies that the board of administration for a condominium or cooperative may make material
alterations or substantial additions to the accommodations or facilities of such timeshare condominium
or timeshare cooperative without the approval of the owners' association if the board of administration
of any owners' association operates a timeshare plan including a timeshare condominium. Current law
references the board’s operation of a “timeshare condominium,” not the board’s operation of a
timeshare “plan including a timeshare condominium.”
Removal and Refusal to Accommodate
The bill authorizes the managing entity of a timeshare project to have the same rights and remedies,
regarding removal and refusal to accommodate, of an operator of any public lodging establishment or
public food service establishment as set forth in ss. 509.141, 509.142, 509.143, and 509.162, F.S., and
is entitled to have a law enforcement officer take any action, including arrest or removal from the
timeshare property, against any purchaser, including a deeded owner, or guest or invitee of such
purchaser or owner who engages in conduct described in those sections or conduct in violation of the
timeshare instrument.69
Assessment Certificates
The bill requires the managing entity of a timeshare condominium or timeshare cooperative to provide
the assessment certificate required under s. 721.15, F.S., in lieu of the estoppel certificate required by
s. 718.116(8), F.S., or s. 719.108(6), F.S., relating to condominium and cooperative associations,
respectively. The certificate states the amount of moneys owed or due within 90 days to the managing
entity on a consumer resale of a timeshare interest.
66 Section 877, F.S., provides that a person is guilty of a misdemeanor of the second degree if they commit “such acts as are of a
nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness
them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly con duct.”
67 S. 509.143, F.S.
68 S. 509.162, F.S.
69 Section 721.05(35), F.S., defines the term “timeshare instrument” to mean one or more of the documents, by whatever name
denominated, creating or governing the operation of a timeshare plan.
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B. SECTION DIRECTORY:
Section 1: Amends s. 721.13, F.S., relating to management.
Section 2: Amends s. 721.15, F.S., relating to assessments for common expenses.
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.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Authorizing the board of administration for a condominium or cooperative association to “delete”
accommodations or facilities without the approval of the members of the association, may help alleviate
costs to the association and its members, including labor and insurance, of maintaining old or
underutilized facilities.
Authorizing the managing entity of a timeshare project to have the same rights and remedies, regarding
removal and refusal to accommodate, of an operator of a public lodging establishment or public food
service establishment, may reduce the undesirable or illegal behavior associated with these actions
and increase the public health and safety of the area.
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:
Article I, Section 10, of the Florida Constitution provides, in relevant part, “[n]o . . . law impairing the
obligation of contracts shall be passed.” This provision empowers the courts to strike laws that
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DATE: 1/22/2024
retroactively burden or alter contractual relations.70 Not all contractual impairments warrant
overturning an otherwise valid law. Contract rights are clearly subject to the state‘s power of
taxation.71 Also, the state has some ability to modify contractual remedies without transgressing the
Contract Clause. In Ruhl v. Perry,72 the Florida Supreme Court stated “[i]t is well established that, by
legislative enactment, a state may modify existing remedies, including a statute of limitations, without
impairing the obligation of contracts so long as a sufficient remedy is left or another sufficient remedy
is provided.”73
State statutes that impair contractual obligations are measured on a sliding scale of scrutiny. The
degree of contractual impairment permitted is delineated by the importance of the governmental
interests advanced.74 The court, in Pomponio v. Claridge of Pompano Condo., Inc.,75 enumerated
several factors it might weigh when making such determinations:
a. Whether the law was enacted to deal with a broad economic or social problem;
b. Whether the law operates in an area that was already subject to state regulation at
the time the contract was entered into; and
c. Whether the effect on the contractual relationship is temporary; not severe, permanent,
immediate, and retroactive.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create the need for additional rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
70 In re Advisory Op. to the Governor, 509 So.2d 292 (Fla. 1987);
Daytona Beach Racing & Recreational Facilities Dist. v. Volusia
Cnty., 372 So.2d 419 (Fla. 1979); Dewberry v. Auto Owners Ins. Co., 363 So.2d 1077 (Fla. 1978).
71 Straughn v. Camp, 293 So.2d 689 (Fla. 1974).
72 390 So.2d 353 (Fla. 1980.
73 Id. at 355
74 Yellow Cab Co. of Dade Cnty. v. Dade Cnty., 412 So.2d 395 (Fla. 3d DCA 1982).
75 378 So.2d 774 (Fla. 1980).
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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 429 2024
1 A bill to be entitled
2 An act relating to timeshare properties; amending s.
3 721.13, F.S.; broadening the powers of certain boards
4 of administration with respect to timeshare plans;
5 providing that managers and managing entities of
6 certain timeshare projects have the same rights and
7 remedies as operators of certain establishments and
8 may have law enforcement take certain actions against
9 individuals who engage in certain conduct; amending s.
10 721.15, F.S.; requiring a managing entity of a
11 timeshare condominium or timeshare cooperative to
12 provide a specified certificate to certain interested
13 parties in lieu of an estoppel certificate; providing
14 an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (8) of section 721.13, Florida
19 Statutes, is amended, and subsection (14) is added to that
20 section, to read:
21 721.13 Management.—
22 (8) Notwithstanding anything to the contrary in s.
23 718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of
24 administration of any owners' association that operates a
25 timeshare plan including a timeshare condominium pursuant to s.
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HB 429 2024
26 718.111, or a timeshare cooperative pursuant to s. 719.104,
27 shall have the power to make material alterations or substantial
28 additions, or any deletion, to the accommodations or facilities
29 of such timeshare plan condominium or timeshare cooperative
30 without the approval of the members of the owners' association.
31 However, if the timeshare condominium or timeshare cooperative
32 contains any residential units that are not subject to the
33 timeshare plan, such action by the board of administration must
34 be approved by a majority of the owners of such residential
35 units. Unless otherwise provided in the timeshare instrument as
36 originally recorded, no such amendment may change the
37 configuration or size of any accommodation in any material
38 fashion, or change the proportion or percentage by which a
39 member of the owners' association shares the common expenses,
40 unless the record owners of the affected units or timeshare
41 interests and all record owners of liens on the affected units
42 or timeshare interests join in the execution of the amendment.
43 (14) With regard to any timeshare project as defined in s.
44 509.242(1)(g), the managing entity or manager has all of the
45 rights and remedies of an operator of any public lodging
46 establishment or public food service establishment as set forth
47 in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to
48 have a law enforcement officer take any action, including arrest
49 or removal from the timeshare property, against any purchaser,
50 including a deeded owner, or guest or invitee of such purchaser
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51 or owner who engages in conduct described in s. 509.141, s.
52 509.142, s. 509.143, or s. 509.162 or conduct in violation of
53 the timeshare instrument.
54 Section 2. Paragraph (b) of subsection (7) of section
55 721.15, Florida Statutes, is amended to read:
56 721.15 Assessments for common expenses.—
57 (7)
58 (b) Within 30 days after receiving a written request from
59 a timeshare interest owner, an agent designated in writing by
60 the timeshare interest owner, or a person providing resale
61 transfer services for a consumer timeshare reseller pursuant to
62 s. 721.17(3), a managing entity must provide a certificate,
63 signed by an officer or agent of the managing entity, to the
64 person requesting the certificate, that states the amount of any
65 assessment, transfer fee, or other moneys currently owed to the
66 managing entity, and of any assessment, transfer fee, or other
67 moneys approved by the managing entity that will be due within
68 the next 90 days, with respect to the designated consumer resale
69 timeshare interest, as well as any information contained in the
70 books and records of the timeshare plan regarding the legal
71 description and use plan related to the designated consumer
72 resale timeshare interest. The managing entity of a timeshare
73 condominium or timeshare cooperative must provide this
74 certificate in lieu of the estoppel certificate required by s.
75 718.116(8) or s. 719.108(6).
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76 1. A person who relies upon such certificate shall be
77 protected thereby.
78 2. A summary proceeding pursuant to s. 51.011 may be
79 brought to compel compliance with this paragraph, and in such an
80 action the prevailing party may recover reasonable attorney fees
81 and court costs.
82 3. The managing entity may charge a fee not to exceed $150
83 for the preparation and delivery of the certificate. The amount
84 of the fee must be included on the certificate.
85 Section 3. This act shall take effect July 1, 2024.
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HB 557
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 557 Movable Tiny Homes
SPONSOR(S): Stevenson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) Transportation & Modals Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Under Florida law, a tiny house affixed to a permanent foundation must meet Florida Building Code standards
applicable to tiny houses. A movable tiny home built on a chassis or flatbed trailer must be registered as a
“park trailer” under the purview of the Department of Highway Safety and Motor Vehicles (DHSMV).
A “tiny house” is a dwelling that is 400 square feet or less in floor area excluding lofts and must be built to the
tiny house standards in the Florida Building Code.
Florida law considers a “park trailer” as a subcategory of recreational vehicles and is described as a
transportable unit which is designed to provide seasonal or temporary living quarters. The body width of a park
trailer may not exceed 14-feet, and the total area of the park trailer may not exceed either 400 square feet
when constructed to American National Standards Institute (ANSI) standards, and 500 square feet when
constructed to United States Department of Housing and Urban Development (HUD) standards. The DHSMV
has adopted rules setting forth uniform standards for park trailers that are used as a dwelling place in a
particular location for more than 45 days, including requirements for anchors and tie-downs.
Because park trailers are considered seasonal or temporary living quarters, movable tiny homes are not
permitted to stay in RV and mobile home parks year-round. The bill would allow a certain type of “park trailer”,
when built in accordance with the Florida Building Code, to be utilized for year-round living.
The bill allows a park trailer to be used as permanent living quarters for no more than one household when
connected to utilities necessary for the operation of installed fixtures and appliances. The total area of such
unit may not exceed 400 square feet when constructed to ANSI standards, and 500 square feet when
constructed to HUD standards. A park trailer meeting this definition is a “movable tiny home.”
The bill requires that a movable tiny home be constructed and inspected in accordance with the Florida
Building Code, and each movable tiny home must have a sticker or other documentation certifying that the
movable tiny home was inspected and certified for compliance with the Florida Building Code by a professional
engineer or architect licensed in Florida or by a third-party inspector who is qualified to inspect for compliance
with the Florida Building Code.
The bill also requires the Florida Building Commission to review and adopt any updates to specified codes for
movable tiny homes.
The bill does not appear to have a fiscal impact on state or local governments.
The bill has 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 .
STORAGE NAME: h0557.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Tiny Houses v. Movable Tiny Homes
Under current Florida law, a tiny house affixed to a permanent foundation must meet Florida Building
Code standards applicable to tiny houses.1 A movable tiny home built on a chassis or flatbed trailer
must be registered as a “park trailer” under the purview of the Department of Highway Safety and Motor
Vehicles (DHSMV).2
Park Trailers
Chapter 320, F.S., defines “park trailer” as a type of recreational vehicle that is transportable with a
body width not exceeding 14 feet, which is built on a single chassis and is designed to provide
seasonal or temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances.3 The total area of the unit in a setup mode, when measured from the exterior
surface of the exterior stud walls at the level of maximum dimensions, not including any bay window,
does not exceed 400 square feet when constructed to American National Standards Institute (ANSI)4
A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and
Urban Development (HUD) Standards.5
The DHSMV has adopted rules setting forth uniform standards for the installation of a mobile home,
manufactured home, or park trailer that is being used as a dwelling place and that is located on a
particular location for a period of time exceeding 14 days, for a mobile or manufactured home, or 45
days, for a park trailer.6 The must ensure that the home or park trailer is installed on a permanent
foundation that resists wind, flood, flotation, overturning, sliding, and lateral movement of the home or
park trailer.7 Such rules are in ch. 15C-1, F.A.C., and include requirements for anchors and tie-downs.8
A county or municipality is responsible for the onsite inspection of each park trailer installation located
within its jurisdiction in order to ensure compliance with the DHSMV’s uniform installation standards.9
As stated above, the definition of “park trailer” contemplates that it is used as “seasonal or temporary
living quarters.” Some people live in movable tiny homes year-round but must periodically leave RV
and mobile home parks because of the seasonal/temporary nature of their registration as a “park
trailer.”
Building Standards for Mobile Homes and Recreational Vehicles
For purposes of mobile homes and recreational vehicles, Florida law defines the term “code” to mean
the appropriate standards found in:
The Federal Manufactured Housing Construction and Safety Standards for single-family mobile
homes, adopted by HUD;
1
FBC, Residential, Appendix Q (8th Ed. 2023), https://up.codes/viewer/florida/fl-residential-code-2020/chapter/Q/tiny-houses#AQ102
(last visited Jan. 19, 2024).
2 S. 320.01(1)(b)7., F.S.
3 Id.
4 The American National Standards Institute (ANSI) is a private, non -profit organization that administers and coordinates the U.S.
voluntary standards and conformity assessment system. The Institute works in close collaboration with stakeholders from indus try and
government to identify and develop standards - and conformance-based solutions to national and global priorities. American National
Standards Institute, Introduction, https://www.ansi.org/about/introduction (last visited Jan. 19, 2024).
5 S. 320.01(1)(b)7., F.S.
6 S. 320.8325(1)&(5), F.S.
7 Id.
8 Ch. 15C-1, F.A.C., availab le at https://www.flrules.org/gateway/ChapterHome.asp?Chapter=15c-1.
9 S. 320.8285(1)&(7), F.S.
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The Uniform Standards Code, as ANSI A-119.2 for recreational vehicles, ANSI A-119.5 for park
trailers, and the HUD standard for park trailers; or
The Mobile and Manufactured Home Repair and Remodeling Code and the Used Recreational
Vehicle Code.10
Under Florida law, each recreational vehicle-type unit, including park trailers, manufactured in this state
or manufactured outside this state but sold or offered for sale in this state must meet the Uniform
Standards Code ANSI book A-119.2 or A-119.5, as applicable, approved by the American National
Standards Institute. Such standards must include, but are not limited to, standards for the installation of
plumbing, heating, and electrical systems and fire and life safety in recreational vehicle-type units and
park trailers. However, those park trailers exceeding 400 square feet must meet the Federal
Manufactured Home Construction and Safety Standards and have a HUD label.11
Tie-Downs
In general, tie-downs are systems of heavy-duty straps and ground anchors that stabilize manufactured
homes or trailers during high winds. Failure to properly install and maintain tie-downs results in reduced
capacity to resist sliding and overturning.12
Building Standards for Tiny Homes
Florida Building Code Provisions Related to Tiny Houses
The 2020 Edition of the Florida Building Code (Building Code) incorporated Appendix Q to outline tiny
house standards statewide,13 which defines “tiny house” as a permanent residential dwelling that is 400
square feet or less in floor area excluding lofts and must be built to the tiny house standards in the
Florida Building Code.14 As a tiny house is a type of residential dwelling, it must be on and permanently
affixed to a foundation and comply with building requirements for the superstructure. 15
Florida Building Code
Since 2000, Florida has operated under a uniform statewide building code. Prior to that, different
counties had different building codes.
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.16
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Building Code, and that
10 S. 320.822(2), F.S.
11 S. 320.8231(1), F.S.
12 Nick Gromicko and Kenton Shepard, Tie-Downs for Manufactured Homes, International Association of Certified Home Inspectors,
https://www.nachi.org/manufactured-home-tie-
downs.htm#:~:text=Tie%2Ddowns%20are%20systems%20of,to%20resist%20sliding%20and%20overturni ng. (last visited Jan. 19,
2024).
13 FBC, Residential, Appendix Q (8th Ed. 2023).
14 S. AQ101.1, FBC, Residential (8th Ed. 2023).
15 S. R401.1, FBC, Residential (8th Ed. 2023).
16 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 19, 2024).
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first edition replaced all local codes on March 1, 2002. 17 The current edition of the Building Code is the
eighth edition, which is referred to as the 2023 Florida Building Code.18
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 19
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, 20 the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years. 21
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 22
Every local government must enforce the Building Code and issue building permits.23 A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity.24 Any construction work that requires a building permit also requires the review of
building plans and inspections of the progress of work completed by the building official, inspector, or
plans examiner to ensure the work complies with the Building Code.25
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency. 26
To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency.27 A local enforcing agency may not issue a permit until the
building official or plans reviewer has reviewed the building plans and determined that they comply with
the Building Code.28 A certificate of completion for a building or structure may be issued when such
work passes its final building inspection.29
Substructure and Superstructure
The part of the structure that is buried underground is referred to as the substructure, and includes the
foundation. The building’s weight is dispersed throughout the substructure and the ground underneath
17 Id.
18 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 19, 2024).
19 See s. 553.72(1), F.S.
20 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, Ab out the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 19, 2024).
21 S. 553.73(7)(a), F.S.
22 S. 553.72, F.S.
23 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
24 S. 468.603(2), F.S; S. 202, FBC, Building (8th Ed. 2023).
25 Ss. 107, 110.1, and 110.3, FBC, Building (8th Ed. 2023).
26 See ss. 125.56(4)(a) and 553.79(1), F.S.
27 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
28 S. 553.79(2), F.S.
29 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).
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it.30 A building’s foundation serves to transmit loads from the superstructure to the ground underneath.
The Building Code requires foundations to be capable of resisting all loads from roof uplift and building
overturn.31
The superstructure is the whole part of a structure that is above ground or above the foundation.
Beams, columns, finishes, windows, doors, the roof, and floors, are considered to be part of the
superstructure.32
Effect of the Bill
The bill would allow a certain type of “park trailer”, when built in accordance with the Florida Building
Code, to be utilized for year-round living.
The bill amends s. 320.01(1)(b)7, F.S., defining the term “park trailer” to incorporate the permanent
nature of some movable tiny homes. Under the bill, a park trailer may be used as permanent living
quarters for no more than one household when connected to utilities necessary for the operation of
installed fixtures and appliances. The total area of such unit may not exceed 400 square feet when
constructed to standards specified below, and 500 square feet when constructed to HUD Standards. A
park trailer meeting this definition may be referred to as a “movable tiny home.”
The bill amends the statutory definition of the term “code” to incorporate standards for movable tiny
homes.
The bill requires that a movable tiny home be constructed and inspected in accordance with the Florida
Building Code, and each movable tiny home must have a sticker or other documentation certifying that
the movable tiny home was inspected and certified for compliance with the Florida Building Code by a
professional engineer or architect licensed in Florida or by a third-party inspector who is qualified to
inspect for compliance with the Florida Building Code.
The bill also requires the Florida Building Commission to review and adopt any updates to specified
codes which pertain to the superstructure requirements for movable tiny homes.
The bill has an effective date of October 1, 2024.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.01, F.S., relating to definitions, general.
Section 2 Amends s. 320.822, F.S., relating to definitions; ss. 320.822-320.862.
Section 3 Amends s. 320.8231, F.S., relating to establishment of uniform standards for
recreational vehicle-type units and park trailers.
Section 4 Amends s. 553.73, F.S., relating to Florida Building Code.
Section 5 Provides an effective date of October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
30 Civil Engineering Forum, WHAT IS SUPERSTRUCTURE AND SUBSTRUCTURE?, Nov. 20, 2022,
https://www.civilengineeringforum.me/superstructure-and-substructure/ (last visited Jan. 19, 2024).
31 S. R401.2, FBC, Residential (8th Ed. 2023).
32 Civil Engineering Forum, supra note 33.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals who live in a movable tiny home may be able to live in one location for as long as they
choose.
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:
DHSMV will likely need to amend its rules regarding park trailers to conform to provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Since DHSMV regulations provide requirements for foundations, anchors, and tie downs for park
trailers, including movable tiny homes, lines 123-125 should be amended to clarify that the only the
superstructure of a movable tiny home must be constructed and inspected in accordance with the
Florida Building Code. The sponsor has indicated an intent to make this clarification.
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 557 2024
1 A bill to be entitled
2 An act relating to movable tiny homes; amending s.
3 320.01, F.S.; revising definitions; providing that a
4 park trailer may be used as permanent living quarters
5 under certain circumstances; providing that such a
6 park trailer may be referred to as a "movable tiny
7 home"; amending s. 320.822, F.S.; revising the
8 definition of the term "code"; amending s. 320.8231,
9 F.S.; providing requirements for construction and
10 inspection of a movable tiny home; requiring a movable
11 tiny home to have a sticker or other documentation
12 certifying compliance therewith; amending s. 553.73,
13 F.S.; requiring the Florida Building Commission to
14 review and adopt updates to certain codes which
15 pertain to the superstructure requirements for movable
16 tiny homes; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (b) of subsection (1) of section
21 320.01, Florida Statutes, is amended to read:
22 320.01 Definitions, general.—As used in the Florida
23 Statutes, except as otherwise provided, the term:
24 (1) "Motor vehicle" means:
25 (b) A recreational vehicle-type unit primarily designed as
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26 temporary living quarters for recreational, camping, or travel
27 use, or designed to be used as provided in sub-sub-subparagraph
28 7.a.(II), which either has its own motive power or is mounted on
29 or drawn by another vehicle. Recreational vehicle-type units,
30 when traveling on the public roadways of this state, must comply
31 with the length and width provisions of s. 316.515, as that
32 section may hereafter be amended. As defined below, the basic
33 entities are:
34 1. The "travel trailer," which is a vehicular portable
35 unit, mounted on wheels, of such a size or weight as not to
36 require special highway movement permits when drawn by a
37 motorized vehicle. It is primarily designed and constructed to
38 provide temporary living quarters for recreational, camping, or
39 travel use. It has a body width of no more than 8 1/2 feet and
40 an overall body length of no more than 40 feet when factory-
41 equipped for the road.
42 2. The "camping trailer," which is a vehicular portable
43 unit mounted on wheels and constructed with collapsible partial
44 sidewalls which fold for towing by another vehicle and u nfold at
45 the campsite to provide temporary living quarters for
46 recreational, camping, or travel use.
47 3. The "truck camper," which is a truck equipped with a
48 portable unit designed to be loaded onto, or affixed to, the bed
49 or chassis of the truck and constructed to provide temporary
50 living quarters for recreational, camping, or travel use.
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51 4. The "motor home," which is a vehicular unit which does
52 not exceed the length, height, and width limitations provided in
53 s. 316.515, is a self-propelled motor vehicle, and is primarily
54 designed to provide temporary living quarters for recreational,
55 camping, or travel use.
56 5. The "private motor coach," which is a vehicular unit
57 which does not exceed the length, width, and height limitations
58 provided in s. 316.515(9), is built on a self-propelled bus type
59 chassis having no fewer than three load-bearing axles, and is
60 primarily designed to provide temporary living quarters for
61 recreational, camping, or travel use.
62 6. The "van conversion," which is a vehicular unit whic h
63 does not exceed the length and width limitations provided in s.
64 316.515, is built on a self-propelled motor vehicle chassis, and
65 is designed for recreation, camping, and travel use.
66 7.a. The "park trailer," which is a transportable unit
67 that which has a body width not exceeding 14 feet and that which
68 is built on a single chassis and is:
69 (I) Designed to provide seasonal or temporary living
70 quarters when connected to utilities necessary for operation of
71 installed fixtures and appliances. The total area of such the
72 unit may in a setup mode, when measured from the exterior
73 surface of the exterior stud walls at the level of maximum
74 dimensions, not including any bay window, does not exceed 400
75 square feet when constructed to ANSI A-119.5 standards, and 500
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76 square feet when constructed to United States Department of
77 Housing and Urban Development Standards; or
78 (II) Used as permanent living quarters for no more than
79 one household when connected to utilities necessary for
80 operation of installed fixtures and appliances. The total area
81 of such unit may not exceed 400 square feet when constructed to
82 standards specified in s. 320.8231(3), and 500 square feet when
83 constructed to United States Department of Housing and Urban
84 Development Standards. A park trailer under this sub-sub-
85 subparagraph may be referred to as a "movable tiny home."
86 b. The total area of a park trailer is measured from the
87 exterior surface of the exterior stud walls at the level of
88 maximum dimensions, not including any bay window, when the unit
89 is in setup mode. The length of a park trailer means the
90 distance from the exterior of the front of the body (nearest to
91 the drawbar and coupling mechanism) to the exterior of the rear
92 of the body (at the opposite end of the body), including any
93 protrusions.
94 8. The "fifth-wheel trailer," which is a vehicular unit
95 mounted on wheels, designed to provide temporary living quarters
96 for recreational, camping, or travel use, of such size or weight
97 as not to require a special highway movement permit, of gross
98 trailer area not to exceed 400 square feet in the setup mode,
99 and designed to be towed by a motorized vehicle that contains a
100 towing mechanism that is mounted above or forward of the tow
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101 vehicle's rear axle.
102 Section 2. Subsection (2) of section 320.822, Florida
103 Statutes, is amended to read:
104 320.822 Definitions; ss. 320.822-320.862.—In construing
105 ss. 320.822-320.862, unless the context otherwise requires, the
106 following words or phrases have the following meanings:
107 (2) "Code" means the appropriate standards found in:
108 (a) The Federal Manufactured Housing Construction and
109 Safety Standards for single-family mobile homes, adopted
110 promulgated by the Department of Housing and Urban Development;
111 (b) The Uniform Standards Code approved by the American
112 National Standards Institute, ANSI A-119.2 for recreational
113 vehicles and ANSI A-119.5 for park trailers or the United States
114 Department of Housing and Urban Development standard for park
115 trailers certified as meeting that standard; or
116 (c) The Mobile and Manufactured Home Repair and Remodeling
117 Code and the Used Recreational Vehicle Code; or
118 (d) The standards provided in s. 320.8231(3).
119 Section 3. Subsections (3) and (4) are added to section
120 320.8231, Florida Statutes, to read:
121 320.8231 Establishment of uniform standards for
122 recreational vehicle-type units and park trailers.—
123 (3) A movable tiny home described in s.
124 320.01(1)(b)7.a.(II) must be constructed and inspected in
125 accordance with the Florida Building Code.
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126 (4) A movable tiny home described in s.
127 320.01(1)(b)7.a.(II) must have a sticker or other documentation
128 certifying that the movable tiny home was inspected and
129 certified for compliance with subsection (3) by a professional
130 engineer or architect licensed in this state or by a third -party
131 inspector who is qualified to inspect for compliance with the
132 Florida Building Code.
133 Section 4. Paragraph (a) of subsection (7) of section
134 553.73, Florida Statutes, is amended to read:
135 553.73 Florida Building Code.—
136 (7)(a) The commission shall adopt an updated Florida
137 Building Code every 3 years through review of the most current
138 updates of the International Building Code, the International
139 Fuel Gas Code, the International Existing Building Code, the
140 International Mechanical Code, the International Plumbing Code,
141 and the International Residential Code, all of which are
142 copyrighted and published by the International Code Council, and
143 the National Electrical Code, which is copyrighted and published
144 by the National Fire Protection Association. At a minimum, the
145 commission shall adopt any updates to such codes or any other
146 code necessary to maintain eligibility for federal funding and
147 discounts from the National Flood Insurance Program, the Federal
148 Emergency Management Agency, and the United States Departmen t of
149 Housing and Urban Development. The commission shall also review
150 and adopt any updates to such codes which pertain to the
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151 superstructure requirements for movable tiny homes. The
152 commission shall also review and adopt updates based on the
153 International Energy Conservation Code (IECC); however, the
154 commission shall maintain the efficiencies of the Florida Energy
155 Efficiency Code for Building Construction adopted and amended
156 pursuant to s. 553.901. Every 3 years, the commission may
157 approve updates to the Florida Building Code without a finding
158 that the updates are needed in order to accommodate the specific
159 needs of this state. The commission shall adopt updated codes by
160 rule.
161 Section 5. This act shall take effect October 1, 2024.
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 557 by Rep. Stevenson
Movable Tiny Homes
AMENDMENT SUMMARY
January 24, 2024
Amendment 1 by Rep. Stevenson (strike-all):
• Moves the new definition for “movable tiny homes” to be a subset of “trailers,” from a
subset of “park trailers.”
• Requires movable tiny homes to be built to the Florida Building Code, as opposed to
ANSI or HUD standards.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Stevenson offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (b) of subsection (1) and subsection
8 (4) of section 320.01, Florida Statutes, are amended to read:
9 320.01 Definitions, general.—As used in the Florida
10 Statutes, except as otherwise provided, the term:
11 (1) "Motor vehicle" means:
12 (b) A recreational vehicle-type unit primarily designed as
13 temporary living quarters for recreational, camping, or travel
14 use, which either has its own motive power or is mounted on or
15 drawn by another vehicle. Recreational vehicle-type units, when
16 traveling on the public roadways of this state, must comply with
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
17 the length and width provisions of s. 316.515, as that section
18 may hereafter be amended. As defined below, the basic entities
19 are:
20 1. The "travel trailer," which is a vehicular portable
21 unit, mounted on wheels, of such a size or weight as not to
22 require special highway movement permits when drawn by a
23 motorized vehicle. It is primarily designed and constructed to
24 provide temporary living quarters for recreational, camping, or
25 travel use. It has a body width of no more than 8 1/2 feet and
26 an overall body length of no more than 40 feet when factory-
27 equipped for the road.
28 2. The "camping trailer," which is a vehicular portable
29 unit mounted on wheels and constructed with collapsible partial
30 sidewalls which fold for towing by another vehicle and unfold at
31 the campsite to provide temporary living quarters for
32 recreational, camping, or travel use.
33 3. The "truck camper," which is a truck equipped with a
34 portable unit designed to be loaded onto, or affixed to, the bed
35 or chassis of the truck and constructed to provide temporary
36 living quarters for recreational, camping, or travel use.
37 4. The "motor home," which is a vehicular unit which does
38 not exceed the length, height, and width limitations provided in
39 s. 316.515, is a self-propelled motor vehicle, and is primarily
40 designed to provide temporary living quarters for recreational,
41 camping, or travel use.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
42 5. The "private motor coach," which is a vehicular unit
43 which does not exceed the length, width, and height limitations
44 provided in s. 316.515(9), is built on a self-propelled bus type
45 chassis having no fewer than three load-bearing axles, and is
46 primarily designed to provide temporary living quarters for
47 recreational, camping, or travel use.
48 6. The "van conversion," which is a vehicular unit which
49 does not exceed the length and width limitations provided in s.
50 316.515, is built on a self-propelled motor vehicle chassis, and
51 is designed for recreation, camping, and travel use.
52 7. The "park trailer," which is a transportable unit that
53 which has a body width not exceeding 14 feet and that which is
54 built on a single chassis and is designed to provide seasonal or
55 temporary living quarters when connected to utilities necessary
56 for operation of installed fixtures and appliances. The total
57 area of such the unit may in a setup mode, when measured from
58 the exterior surface of the exterior stud walls at the level of
59 maximum dimensions, not including any bay window, does not
60 exceed 400 square feet when constructed to ANSI A-119.5
61 standards, and 500 square feet when constructed to United States
62 Department of Housing and Urban Development Standards. The
63 length of a park trailer means the distance from the exterior of
64 the front of the body (nearest to the drawbar and coupling
65 mechanism) to the exterior of the rear of the body (at the
66 opposite end of the body), including any protrusions.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
67 8. The "fifth-wheel trailer," which is a vehicular unit
68 mounted on wheels, designed to provide temporary living quarters
69 for recreational, camping, or travel use, of such size or weight
70 as not to require a special highway movement permit, of gross
71 trailer area not to exceed 400 square feet in the setup mode,
72 and designed to be towed by a motorized vehicle that contains a
73 towing mechanism that is mounted above or forward of the tow
74 vehicle's rear axle.
75 (4)(a) "Trailer" means any vehicle without motive power
76 designed to be coupled to or drawn by a motor vehicle and
77 constructed so that no part of its weight or that of its load
78 rests upon the towing vehicle.
79 (b) "Movable tiny home" means a trailer with a house
80 affixed to a single chassis which is a transportable unit that
81 has a body width not exceeding 14 feet and is designed to
82 provide permanent living quarters for no more than one household
83 when connected to utilities necessary for operation of installed
84 fixtures and appliances. The total area of the unit in a setup
85 mode, when measured from the exterior surface of the exterior
86 stud walls at the level of maximum dimensions, not including any
87 bay window, does not exceed 500 square feet when constructed to
88 standards specified in s. 320.8201. The length of a movable tiny
89 home means the distance from the exterior of the front of the
90 body (nearest to the drawbar and coupling mechanism) to the
91 exterior of the rear of the body (at the opposite end of the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
92 body), including any protrusions.
93 Section 2. Section 320.8201, Florida Statutes, is created
94 to read:
95 320.8201 Movable tiny homes; construction and inspection.—
96 A movable tiny home as defined in s. 320.01(4)(b) must be
97 constructed and inspected in accordance with the Florida
98 Building Code and must have a sticker or other documentation
99 certifying that the movable tiny home was inspected and
100 certified for compliance with the Florida Building Code by a
101 professional engineer or architect licensed in this state or by
102 a third-party inspector who is qualified to inspect for
103 compliance with the Florida Building Code.
104 Section 3. Paragraph (a) of subsection (7) of section
105 553.73, Florida Statutes, is amended to read:
106 553.73 Florida Building Code.—
107 (7)(a) The commission shall adopt an updated Florida
108 Building Code every 3 years through review of the most current
109 updates of the International Building Code, the International
110 Fuel Gas Code, the International Existing Building Code, the
111 International Mechanical Code, the International Plumbing Code,
112 and the International Residential Code, all of which are
113 copyrighted and published by the International Code Council, and
114 the National Electrical Code, which is copyrighted and published
115 by the National Fire Protection Association. At a minimum, the
116 commission shall adopt any updates to such codes or any other
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
117 code necessary to maintain eligibility for federal funding and
118 discounts from the National Flood Insurance Program, the Federal
119 Emergency Management Agency, and the United States Department of
120 Housing and Urban Development. The commission shall also review
121 any updates to such codes which pertain to requirements for
122 movable tiny homes. The commission shall also review and adopt
123 updates based on the International Energy Conservation Code
124 (IECC); however, the commission shall maintain the efficiencies
125 of the Florida Energy Efficiency Code for Building Construction
126 adopted and amended pursuant to s. 553.901. Every 3 years, the
127 commission may approve updates to the Florida Building Code
128 without a finding that the updates are needed in order to
129 accommodate the specific needs of this state. The commission
130 shall adopt updated codes by rule.
131 Section 4. This act shall take effect October 1, 2024.
132
133 -----------------------------------------------------
134 T I T L E A M E N D M E N T
135 Remove everything before the enacting clause and insert:
136 A bill to be entitled
137 An act relating to movable tiny homes; amending s.
138 320.01, F.S.; revising the definition of the term
139 "park trailer"; defining the term "movable tiny home";
140 creating s. 320.8201, F.S.; providing requirements for
141 construction and inspection of a movable tiny home;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 557 (2024)
Amendment No. 1
142 requiring a movable tiny home to have a sticker or
143 other documentation certifying compliance therewith;
144 amending s. 553.73, F.S.; requiring the Florida
145 Building Commission to review updates to certain codes
146 which pertain to requirements for movable tiny homes;
147 providing an effective date.
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HB 691
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 691 Town of Horseshoe Beach, Dixie County
SPONSOR(S): Shoaf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 16 Y, 0 N Burgess Darden
Districts Subcommittee
2) Regulatory Reform & Economic Development Phelps Anstead
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses that serve only malt beverages and wine.
The bill creates an exception to the quota limitation and requires DBPR to issue a special alcoholic beverage
license to a bona fide restaurant within the jurisdictional boundaries of the Town of Horseshoe Beach that
meets the following requirements:
Licensed by the Division of Hotels and Restaurants;
Occupies at least 1,700 square feet of contiguous space used as part of the food service
establishment;
Equipped to serve meals to 50 persons at one time; and
Derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages during the first 60-day operating period each 12-month operating period
thereafter.
Such license is subject to revocation by the DBPR. If the DBPR revokes, or denies an application for a food
service alcohol license, the applicant cannot reapply for 120 days.
The bill takes effect upon becoming law.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0691c.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, the statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3
There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR, allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.5
There are several exceptions to the Beverage Law created by special laws, which are applicable to
specific local areas. Many reduce certain licensing requirements for special zones in local jurisdictions.
For example, ch. 2022-259, L.O.F., allows DBPR to issue an SFS license to restaurants within the
Kings Avenue Commercial Corridor in Jacksonville that:
Have 1,000 square feet;
Are equipped to serve 50 persons at one time; and
Derive at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.
Effect of the Bill
The bill permits DBPR to issue a special alcoholic beverage license to a bona fide restaurant within the
jurisdictional boundaries of the Town of Horseshoe Beach if it:
Is licensed by the Division of Hotels and Restaurants;
Occupies at least 1,700 square feet of contiguous space used as part of the food service
establishment;
Equipped to serve meals to 50 persons at one time; and
Derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages during the first 60-day operating period each 12 -month operating
period thereafter.
A failure to meet the required 51 percent requirement shall result in the:
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 561.20, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
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DATE: 1/22/2024
Revocation of the license; or
Denial of the pending application of for a permanent license of a licensee operating with a
temporary license.
Any person required to qualify on the special food service alcohol license application is ineligible to
have any interest in a subsequent application for such license for 120 days after the date of the final
denial or revocation.
The bill takes effect upon becoming law.
B. SECTION DIRECTORY:
Section 1. Creates an exception to general law, providing space, seating and minimum gross revenues
requirements for special alcoholic beverage licenses for a bona fide restaurant within the Town of
Horseshoe Beach, Dixie County.
Section 2. Provides an effective date.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? October 26, 2023 & November 2, 2023.
WHERE? The Dixie County Advocate, a newspaper published at Cross City in Dixie
County.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
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DATE: 1/22/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 1/22/2024
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 691 2024
1 A bill to be entitled
2 An act relating to the Town of Horseshoe Beach, Dixie
3 County; providing an exception to general law;
4 requiring the Division of Alcoholic Beverages and
5 Tobacco of the Department of Business and Professional
6 Regulation to issue a special alcoholic beverage
7 license to certain restaurants in the town which meet
8 certain space, seating, and minimum gross revenue
9 requirements; providing conditions for revocation of
10 such license or denial of a pending application for
11 such license; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Notwithstanding s. 561.20(1), Florida Statutes,
16 the Division of Alcoholic Beverages and Tobacco of the
17 Department of Business and Professional Regulation shall issue a
18 special alcoholic beverage license to a bona fide restaurant
19 located within the jurisdictional boundaries of the Town of
20 Horseshoe Beach which is licensed by the Division of Hotels and
21 Restaurants, occupies at least 1,700 square feet of contiguous
22 space used as a part of the food service establishment, is
23 equipped to serve meals to 50 persons at one time, and derives
24 at least 51 percent of its gross food and beverage revenue from
25 the sale of food and nonalcoholic beverages during the first 60 -
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0691-00
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 691 2024
26 day operating period and each 12-month operating period
27 thereafter. Failure of a licensee who is issued this special
28 license to meet the required percentage of food and nonalcoholic
29 beverage gross revenues during the applicable operating period
30 shall result in the revocation of the license or denial of the
31 pending application for a permanent license of a licensee
32 operating with a temporary license. A licensee whose license is
33 revoked, or an applicant whose pending application for a
34 permanent license is denied, or any person required to qualify
35 on the special food service alcohol license application, is
36 ineligible to have any interest in a subsequent application for
37 such license for 120 days after the date of the final denial or
38 revocation.
39 Section 2. This act shall take effect upon becoming a law.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0691-00
HB 907
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 907 Gaming Licenses and Permits
SPONSOR(S): Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 804
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and executive
powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, and slot machine facilities.
The Florida Pari-mutuel Wagering Act (Act) provides specific permitting and licensure requirements for the pari-
mutuel industry. Pari-mutuel wagering activities are limited to operators who have received a permit from the
Commission, which is then subject to ratification by county referendum. Permitholders apply for an operating license
annually to conduct pari-mutuel wagering activities. Certain permitholders are authorized to operate cardrooms and
slot machines at their facility.
The bill revises provisions related to pari-mutuel wagering licenses, permit and application procedures, and removes
obsolete provisions, as follows:
Authorizes the Commission to penalize a licensee when a person falsely swears on an application.
Establishes email as the primary service of legal filings for the Commission, including final agency action.
Extends the submission period for pari-mutuel operating license application dates from December 15 -
January 4, to January 15 - February 4, and extends the issuance date from March 15 to April 15.
Authorizes the Commission to approve minor changes in performance dates for pari-mutuel wagering
permitholders, removes the ability for permitholders to object to such changes, and makes it permissive,
instead of mandatory, for the Commission to consider the impact of such changes to state revenues.
Authorizes the Commission to take action against a racetrack occupational licensee who has been subject
to certain federal horseracing penalties, including for a finding of a prohibited substance in an animal.
Establishes a single audit and reporting requirement for pari-mutuel and slot machine permitholders, clarifies
what is required in the report, and requires the deadline for the report to be 120 days after the end of the
fiscal year.
Revises the application and issuance fiscal year, submission, and issuance dates of nonwagering licenses
to line up with the pari-mutuel operating license timeframes.
Removes the authority of the Commission to conduct an eligibility investigation relating to new ownership or
management interest in a nonwagering permit.
Authorizes the Commission to waive the disqualifying offenses for slot machine occupational license
applicants.
Removes the provision that allows certain facilities to amend their 2006-2007 operating license.
Repeals the section of law related to greyhound permitholders unclaimed tickets.
Removes provisions related to the Greyhound Permitholder Tax Credit, and makes conforming changes.
Removes an outdated provision relating to thoroughbred permitholder performances.
The bill does not appear to have a significant fiscal impact on state or local government. The bill may have a positive
fiscal impact on the private sector.
The effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0907.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
General Overview of Gaming in Florida
Gambling is generally prohibited in Florida, unless specifically authorized. Section 7, Art. X, of the
Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted in Florida.
Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house and running
a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-operated
lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and
Broward Counties.
The following gaming activities are also authorized by law and regulated by the state:
Pari-mutuel1 wagering;2
Gaming on tribal reservations in accordance with the Indian Gaming and Regulatory Act and the
2010 Gaming Compact with the Seminole Tribe of Florida;
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;3 and
Cardrooms 4 at certain pari-mutuel facilities.
Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games,5 bingo,6 charitable drawings,7 game promotions (sweepstakes),8 bowling tournaments,9 and
skill-based amusement games and machines at specified locations. 10
In 2013, the legislature clarified that Internet café style gambling machines were illegal in the state. The
legislation clarified existing sections of law regarding slot machines, charitable drawings, game
promotions, and amusement machines and created a rebuttable presumption that machines used to
simulate casino-style games in schemes involving consideration and prizes are prohibited slot
machines.11
In 2015, the legislature determined that the regulation of the operation of skill-based amusement
games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
expansion of casino-style gambling. The legislature clarified regulations related to the operation and
use of amusement games or machines to ensure that regulations would not be interpreted as creating
an exception to the state's general prohibitions against gambling.12
Amendment to Florida Constitution Prohibiting Racing of and Wagering on Greyhounds or Other Dogs
1 “Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
2 See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
3 See FLA. CONST ., art. X, s. 23, and ch. 551, F.S.
4 S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
5 S. 849.085, F.S.
6 S. 849.0931, F.S.
7 S. 849.0935, F.S.
8 S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
9 S. 849.141, F.S.
10 S. 546.10, F.S.
11 Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
12 S. 546.10, F.S.
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During the 2018 General Election, the voters approved an initiative constitutional amendment,
Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs, which has been
codified in the State Constitution as Article X, Section 32.13
Article X, Section 32 states:
Prohibition on racing of and wagering on greyhounds or other dogs.—The humane
treatment of animals is a fundamental value of the people of the State of Florida. After
December 31, 2020, a person authorized to conduct gaming or pari-mutuel operations
may not race greyhounds or any member of the Canis Familiaris subspecies in connection
with any wager for money or any other thing of value in this state, and persons in this
state may not wager money or any other thing of value on the outcome of a live dog race
occurring in this state. The failure to conduct greyhound racing or wagering on greyhound
racing after December 31, 2018, does not constitute grounds to revoke or deny renewal of
other related gaming licenses held by a person who is a licensed greyhound permitholder
on January 1, 2018, and does not affect the eligibility of such permitholder, or such
permitholder’s facility, to conduct other pari-mutuel activities authorized by general law. By
general law, the legislature shall specify civil or criminal penalties for violations of this
section and for activities that aid or abet violations of this section.
As of January 1, 2021, wagering on live greyhound racing in Florida is completely prohibited. However,
cardroom and slot machine facilities by such permitholders may continue to operate after the closure of
racing activities.
Pari-mutuel Wagering
Since approximately 1931, pari-mutuel wagering has been authorized in Florida for jai alai, greyhound
racing, and horseracing. These activities are overseen and regulated14 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within
the Department of Legal Affairs, Office of the Attorney General.15 The Commission is tasked with
exercising all regulatory and executive powers of the state on all forms of gambling authorized by the
State Constitution or law including pari-mutuel wagering, card rooms, slot machine facilities, and the
oversight of gaming compacts under the federal Indian Gaming Regulatory Act but excluding state
lottery games authorized by the State Constitution.16
Pari-Mutuel Wagering State Revenue
License fees and taxes collected by pari-mutuel wagering permitholders, including slot machine and
cardroom permitholders, are deposited with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. Slot machine tax revenue is transferred from the Pari-mutuel Wagering Trust
Fund to the Educational Enhancement Trust Fund to supplement public education funding statewide.
Taxes collected by cardrooms are split between the Pari-mutuel Wagering Trust Fund and the General
Revenue Fund. During the 2022-2023 fiscal year, the pari-mutuel industry operated 447 racing and
gaming days, which resulted in state revenue of $6,291,327, total paid attendance of 61,775, and total
pari-mutuel handle of $469,498,714.17
Pari-Mutuel Wagering Live Performance Requirements
13 See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Jan. 12, 2024).
14 From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
15 See ss. 16.71-16.716, F.S.
16 S. 16.712, F.S.
17 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
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Currently, only thoroughbred permitholders are required to conduct live racing. 18 Greyhound
permitholders may not conduct live racing, and jai alai permitholders, harness horse racing
permitholders, or quarter horse racing permitholders may elect not to conduct live racing or games.
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse
racing permitholder that does not conduct live racing or games: 19
Retains its permit;
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
Remains eligible for a cardroom license.
A permitholder or licensee may not conduct live greyhound racing or dogracing in connection with any
wager for money or any other thing of value in the state. The Division is authorized to deny, suspend,
or revoke any permit or license in ch. 550, F.S., for conducting live greyhound racing or dogracing in
violation of this provision. In addition to, or in lieu of, denial, suspension, or revocation of such permit or
license, the Division is authorized to impose a civil penalty of up to $5,000. All penalties imposed and
collected must be deposited with the Chief Financial Officer to the credit of the General Revenue
Fund.20
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)21 provides specific permitting and licensing requirements
for the conduct of the pari-mutuel industry.22 Pari-mutuel wagering activities are limited to operators
who have received a permit from the Division, which is then subject to ratification by county
referendum.23 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities.24 Certain permitholders are also authorized to operate cardrooms 25 and slot machines at their
facility.26
During Fiscal Year 2021-2022, the following 39 pari-mutuel permitholders were licensed to operate:27
Nineteen Greyhound Racing permits.
Three Thoroughbred Horse Racing permits.
One Harness Horse Racing permit.
Six Quarter Horse Racing permits.
Ten Jai-Alai permits.
The Division is authorized to revoke or suspend any permit or license upon the willful violation by the
permitholder or licensee of any provision of the Act, or any administrative rule adopted by the Division,
and may impose a civil penalty against the permitholder or license up to $1,000 for each offense. 28
During Fiscal Year 2022-2023, the Division issued 22 rulings and five consent orders with assessed
fines and/or imposed license suspensions for violations. 29
18 S. 550.01215(1)(b)1., F.S.
19 Id.
20 S. 550.01215(1)(b)2., F.S.
21 Ch. 550, F.S.
22 S. 550.054(1), F.S.
23 S. 550.054(2), F.S.
24 S. 550.0115, F.S.
25 S. 849.086, F.S.
26 S. 551.104, F.S.
27 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
28 S. 550.054(9)(b), F.S.
29 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
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DATE: 1/22/2024
False Swearing On Applications
Present Situation
Currently, the Division does not appear to have the authority to deny applications and suspend or
revoke professional licenses that it issues when it has found that an applicant or licensee has provided
false information on an application that was signed under oath.
Prior to July 1, 2022, the Division was a part of the Department of Business and Professional
Regulation (DBPR), which has the authority to take these actions.30 Specifically, the law provides that
any license issued by DBPR, which is issued or renewed in response to an application upon which the
person signing under oath or affirmation has falsely sworn to a material statement, including, but not
limited to, the names and addresses of the owners or managers of the licensee or applicant, is subject
to denial of the application or suspension or revocation of the license, and the person falsely swearing
is subject to any other penalties provided by law.31
On July 1, 2022, the Division was transferred out of DBPR and to the Commission. 32 However the
Division did not retain the ability to take these actions. According to the Commission, it “is responsible
for the regulation of licensees, permit holders, and persons participating in pari-mutuel wagering, slot
machine gaming, or cardroom activity in the state of Florida. To regulate the industry, the Florida
Gaming Control Commission needs to have the ability to apply the appropriate penalties when a person
makes a false material statement on an application.”33
Proposed Changes
The bill authorizes the Commission to deny any application or suspend or revoke any license that it
issues when a person falsely swears to a material statement on an application. Specifically, the bill
provides that any person who submits an application for a license to the Commission, or any person
issued a license or renewal by the Commission in response to an application, and upon which
application the person signing under oath or affirmation has falsely sworn to a material statement,
including, but not limited to, the criminal history of the applicant or licensee, is subject to denial of his or
her application or to suspension or revocation of his or her license, and is subject to any other penalties
provided by law.
Legal Notices
Present Situation
Currently, the Commission does not have the authority to require service by e-mail from applicants and
licensees for official communications. Chapter 455, F.S., which applies to the regulation of professions
by DBPR, provides this authority to DBPR. Specifically, each licensee of DBPR is solely responsible for
notifying DBPR in writing of the licensee’s current mailing address, e-mail address, and place of
practice, as defined by rule of the board or the department when there is no board. 34
A licensee’s failure to notify DBPR of a change of address constitutes a violation, and the licensee may
be disciplined by the board or the department when there is no board. 35
Notwithstanding any other provision of law, service by regular mail or e-mail to a licensee’s last known
mailing address or e-mail address of record with DBPR constitutes adequate and sufficient notice to the
30 S. 559.791, F.S.
31 Id.
32 Ch. 2021-269, Laws of Fla.
33 Florida Gaming Control Commission, Agency Package, Issue 1: False swearing on application; penalties.
34 S. 455.275(1), F.S.
35 Id.
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licensee for any official communication to the licensee by the board or the department except when
other service is required pursuant to disciplinary proceedings under s. 455.225, F.S.36
Notwithstanding any provision of law, when an administrative complaint is served on a licensee of
DBPR, DBPR is required to provide service by regular mail to the licensee’s last known address of
record, by certified mail to the last known address of record, and, if possible, by e-mail.37
If the licensee does not provide DBPR with proof of service, DBPR is required to:38
Call the last known telephone number of record.
Cause a short, plain notice to the licensee to be posted on the front page of DBPR’s website.
Send notice via e-mail to all newspapers of general circulation and all news departments of
broadcast network affiliates in the county of the licensee’s last known address of record.
Proposed Changes
The bill establishes e-mail as the Commission’s primary service of legal filings, including final agency
action, similar to the method that DBPR is authorized to use. Specifically, the bill:
Requires each applicant for a license with the Commission and each licensee of the
Commission is responsible to notify the Commission in writing of the applicant's or licensee's
current mailing address, e-mail address, and place of employment.
Provides that an applicant's failure to notify the Commission constitutes a violation, and the
applicant's application may be denied.
Provides that a licensee's failure to notify the Commission of any change to the e-mail or mailing
address of record constitutes a violation, and the licensee may be disciplined by the
Commission as described in s. 550.0251(10), F.S.
Provides that notwithstanding any provision of law to the contrary, service by e-mail to an
applicant's or licensee's e-mail address of record with the Commission constitutes sufficient
notice to the applicant or licensee for any official communication.
Authorizes the Commission to, in its discretion, provide service for any official communication by
regular mail to an applicant's or licensee's last known mailing address.
Clarifies that the Commission is not required to provide service by both e-mail and regular mail.
Provides that notwithstanding any provision of law to the contrary, when an administrative
complaint or other document setting forth intended or final agency action is to be served on an
applicant or a licensee, the Commission is only required to provide service by e-mail to the
applicant's or licensee's e-mail address on record with the commission.
Specifies that e-mail service constitutes sufficient notice to the person or persons upon whom
an administrative complaint or any other document setting forth intended or final agency action
is served.
Authorizes the commission to, in its discretion, provide service of an administrative complaint or
any other documents setting forth intended or final agency action by regular mail to an
applicant's or licensee's last known mailing address.
Clarifies that the Commission is not required to provide service by both e-mail and regular mail.
Deadline for Submitting Pari-Mutuel Wagering Operating License Application
Present Situation
Currently, each permitholder is required to annually, during the period between December 15 and
January 4, file in writing with the Commission its application for an operating license for a pari-mutuel
facility for the conduct of pari-mutuel wagering during the next state fiscal year, including intertrack and
simulcast race wagering.39
36 S. 455.275(2), F.S.
37 S. 455.275(3)(a), F.S.
38 S. 455.275(3)(b), F.S.
39 S. 550.01215(1), F.S.
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Each application for live performances must specify:40
The number, dates, and starting times of all live performances that the permitholder intends to
conduct.
Which performances will be conducted as charity or scholarship performances.
Each application for an operating license also must include: 41
For each permitholder, whether the permitholder intends to accept wagers on intertrack or
simulcast events.
For each permitholder that elects to operate a cardroom, the dates and periods of operation the
permitholder intends to operate the cardroom.
For each thoroughbred racing permitholder that elects to receive or rebroadcast out-of-state
races, the dates for all performances that the permitholder intends to conduct.
The Commission is required to issue each license no later than March 15.42
Proposed Changes
The bill extends the submission period for pari-mutuel operating license application dates from
December 15 through January 4, to instead January 15 through February 4, and extends the date the
Commission is required to issue a license from March 15 to April 15.
Changes in Racing Dates
Present Situation
Current law authorizes the Commission to approve minor changes in racing dates after a license has
been issued when there is no objection from any operating permitholder that is conducting live racing or
games and that is located within 50 miles of the permitholder requesting the changes in operating
dates. In the event of an objection, the Commission is required to approve or disapprove the change in
operating dates based upon the impact on operating permitholders located within 50 miles of the
permitholder requesting the change in operating dates. In making the determination to change racing
dates, the Commission is required to take into consideration the impact of such changes on state
revenues.43
Proposed Changes
The bill revises the authority of the Commission to approve minor changes in racing dates for pari-
mutuel wagering permitholders to also allow such changes for performance dates.
The bill removes the ability for the impacted permitholders to object to changes in performance dates,
and makes it permissive, instead of mandatory, for the Commission to consider the impact of changes
to performance dates to state revenues.
Greyhound Permitholder Tax Credit
Present Situation
Current law provides for a daily license fee tax credit for greyhound permitholders. Specifically, in
addition to the tax exemption specified in s. 550.09514(1), F.S., of $360,000 or $500,000 per
greyhound permitholder per state fiscal year, each greyhound permitholder is required to receive in the
current state fiscal year a tax credit equal to the number of live greyhound races conducted in the
40 Id.
41 Id.
42 S. 550.01215(3), F.S.
43 Id.
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previous state fiscal year times the daily license fee specified for each dograce in this subsection
applicable for the previous state fiscal year.44
Current law establishes tax rates relating to live greyhound racing performances. Each permitholder is
required to pay a tax on contributions to pari-mutuel pools, the aggregate of which is referred to as
"handle," on races or games conducted by the permitholder. The tax is imposed daily and is based on
the total contributions to all pari-mutuel pools conducted during the daily performance. If a permitholder
conducts more than one performance daily, the tax is imposed on each performance separately. The
tax on handle for dogracing is 5.5 percent of the handle, except that for live charity performances held
pursuant to s. 550.0351, F.S., and for intertrack wagering on such charity performances at a guest
greyhound track within the market area of the host, the tax is 7.6 percent of the handle. 45
Proposed Changes
The bill removes provisions related to:
The Greyhound Permitholder Tax Credit, and makes conforming changes.
Live charity performances for greyhound permitholders and intertrack wagering on such charity
performances.
Daily License Fee Payments
Present Situation
Each person engaged in the business of conducting race meetings or jai alai games is required to pay
to the Commission, for the use of the commission, a daily license fee on each live or simulcast pari-
mutuel event of $100 for each horserace and $80 for each dograce and $40 for each jai alai game
conducted at a racetrack or fronton licensed.46
Payments imposed by this section are required to be paid to the Commission, and the Commission is
required to deposit these sums with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. The permitholder musts remit to the Commission payment for the daily license
fee, the admission tax, the tax on handle, and the breaks tax.
Such payments must be remitted by 3 p.m. Wednesday of each week for taxes imposed and collected
for the preceding week ending on Sunday.
Beginning on July 1, 2012, such payments must be remitted by 3 p.m. on the 5th day of each calendar
month for taxes imposed and collected for the preceding calendar month.
Proposed Changes
The bill removes:
The requirement that such payments be remitted by 3 p.m. Wednesday of each week for taxes
imposed and collected for the preceding week ending on Sunday.
The July 1, 2012, date that such payments must be remitted by each month.
Thoroughbred Horse Taxes
Present Situation
Current law provides that if a thoroughbred permitholder fails to operate all performances on its 2001-
2002 license, failure to pay tax on handle for a full schedule of live races for those performances in the
2001-2002 fiscal year does not constitute failure to pay taxes on handle for a full schedule of live races
44 S. 550.0951(1)(a), F.S.
45 S. 550.0951(3)(b )1.,F.S.
46 S. 550.0951(1)(a), F.S.
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in a fiscal year. This may not be construed as forgiving a thoroughbred permitholder from paying taxes
on performances conducted at its facility pursuant to its 2001-2002 license other than for failure to
operate all performances on its 2001-2002 license. This subsection expired on July 1, 2003.
Proposed Changes
The bill removes this provision.
Occupational Licenses of Racetrack Employees
Present Situation
Occupational Licenses
Currently, each person connected with a racetrack or jai alai fronton is required to purchase from the
commission an occupational license. All moneys collected pursuant to this section each fiscal year shall
be deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to the rules adopted by the
commission, an occupational license may be valid for a period of up to 3 years for a fee that does not
exceed the full occupational license fee for each of the years for which the license is purchased. The
occupational license is valid during its specified term at any pari-mutuel facility.47
The following licenses are issued to persons or entities with access to the backside, racing animals, jai
alai players’ room, jockeys’ room, drivers’ room, totalisator room, the mutuels, or money room, or to
persons who, by virtue of the position they hold, might be granted access to these areas or to any other
person or entity in one of the following categories and with fees not to exceed the following amounts for
any 12-month period:48
Business licenses: any business such as a vendor, contractual concessionaire, business
owning racing animals, trust or estate, totalisator company, stable name, or other fictitious
name: $50.
Professional occupational licenses: professional persons with access to the backside of a
racetrack or players’ quarters in jai alai such as trainers, officials, veterinarians, doctors, nurses,
EMT’s, jockeys and apprentices, drivers, jai alai players, owners, trustees, or any management
or officer or director or shareholder or any other professional-level person who might have
access to the jockeys’ room, the drivers’ room, the backside, racing animals, or managers or
supervisors requiring access to mutuels machines, the money room, or totalisator equipment:
$40.
General occupational licenses: general employees with access to the jockeys’ room, the
drivers’ room, racing animals, the backside of a racetrack or players’ quarters in jai alai, such as
grooms, leadouts, pelota makers, cesta makers, or ball boys, or a practitioner of any other
occupation who would have access to the animals or the backside, or who would provide the
security or maintenance of these areas, or mutuel employees, totalisator employees, money-
room employees, or any employee with access to mutuels machines, the money room, or
totalisator equipment or who would provide the security or maintenance of these areas: $10.
Individuals and entities that are licensed require heightened state scrutiny, including the submission by
the individual licensees or persons associated with the entities described in this chapter of fingerprints
for a Federal Bureau of Investigation criminal records check. 49
If the state racing commission or racing authority of such other state or jurisdiction extends to the
Commission reciprocal courtesy to maintain the disciplinary control, the Commission is authorized to:50
Deny, revoke, suspend, or place conditions or restrictions upon a license of any person who has
been refused a license by any other state racing commission or racing authority;
47 S. 550.105(1), F.S.
48 S. 550.105(2)(a), F.S.
49 Id.
50 S. 550.105(5)(a), F.S.
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Deny, suspend, or place conditions on a license of any person who is under suspension or has
unpaid fines in another jurisdiction.
The commission may also deny, declare ineligible, or revoke any occupational license if the applicant
for such license has been convicted of a felony or misdemeanor in this state, in any other state, or
under the laws of the United States, if such felony or misdemeanor is related to gambling or
bookmaking, as contemplated in s. 849.25, F.S., or involves cruelty to animals.51
If the applicant establishes that she or he is of good moral character, has been rehabilitated, and the
crime is not related to pari-mutuel wagering and is not a capital offense, the restrictions excluding
offenders may be waived by the director of the Commission.
Horseracing Integrity and Safety Act
The federal Horseracing Integrity and Safety Act of 2020 (Act) requires the Horseracing Integrity and
Safety Authority (HISA) to develop and implement uniform safety and integrity rules applicable to every
thoroughbred racing participant and racetrack facility in the U.S. HISA is required to develop rules
related to horseracing, including anti-doping, medication control and racetrack safety. The Federal
Trade Commission (FTC) is given oversight over the Authority. 52
HISA began implementing its Racetrack Safety Program on July 1, 2022, and its Anti-Doping and
Medication Control Program on May 22, 2023. This established a national, uniform set of integrity and
safety rules.53 Every thoroughbred that races in the U.S. is required to be registered in a centralized
database. More than 32,000 Covered Persons and 48,000 Covered Horses have been registered with
HISA. In accordance with HISA's rules, every thoroughbred is required to have a pre-race veterinary
inspection every time it races, at any track. Veterinarians across the country have conducted more than
33,400 pre-race inspections since July 1, 2022.54
Violations of the Act include the following:55
With respect to a covered horse, strict liability for covered trainers for the:
o Presence of a prohibited substance or method in a sample or the use of a prohibited
substance or method;
o Presence of a permitted substance in a sample in excess of the amount allowed by the
horseracing anti-doping and medication control program; and
o Use of a permitted method in violation of the applicable limitations established under the
horseracing anti-doping and medication control program.
Attempted use of a prohibited substance or method on a covered horse.
Possession of any prohibited substance or method.
Attempted possession of any prohibited substance or method.
Administration or attempted administration of any prohibited substance or method on a covered
horse.
Refusal or failure, without compelling justification, to submit a covered horse for sample
collection.
Failure to cooperate with the Authority or an agent of the Authority during any investigation.
Failure to respond truthfully, to the best of a covered person's knowledge, to a question of the
Authority or an agent of the Authority with respect to any matter under the jurisdiction of the
Authority.
Tampering or attempted tampering with the application of the safety, performance, or anti-
doping and medication control rules or process adopted by the Authority, including:
51 S. 550.105(5)(c), F.S.
52 See 15 U.S.C., § 3051–3060.
53 Horseracing Integrity and Safety Authority (HISA), Overseeing national, uniform integrity and safety rules for Thoroughbred
racing in the U.S., https://hisaus.org/ (last visited Jan. 20, 2024).
54 Id.
55 15 U.S.C., § 3057(a)(2).
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o Intentional interference, or an attempt to interfere, with an official or agent of the
Authority;
o Procurement or the provision of fraudulent information to the Authority or agent; and
o Intimidation of, or an attempt to intimidate, a potential witness.
The Act requires HISA to establish uniform rules imposing civil sanctions against covered persons or
covered horses for safety, performance, and anti-doping and medication control rule violations. Civil
sanctions may include:56
Lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and
changes to the order of finish in covered races; and
With respect to anti-doping and medication control rule violators, an opportunity to reduce the
applicable civil sanctions that is comparable to the opportunity provided by the Protocol for
Olympic Movement Testing of the United States Anti-Doping Agency.
In addition to these civil sanctions, the Act authorizes HISA to commence a civil action against a
covered person or racetrack that has engaged, is engaged, or is about to engage, in acts or practices
constituting a violation in the proper federal district court:57
To enjoin such acts or practices;
To enforce any civil sanctions imposed; and
For all other relief to which HISA is entitled.
Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted
without bond.58
According to the Commission, HISA is authorized to suspend people from Florida racetracks for
violations associated with the track safety and anti-doping programs. However, the Commission
provides that it does not have reciprocity to take action on those individuals’ licenses.
The rules of HISA preempt any provision of State law or regulation with respect to matters within the
jurisdiction of HISA.59
According to the Commission, effective May 22, 2023, HISA preempts the Commission from
investigating and adjudicating prohibited substance violations in equines, which includes testing equine
samples at a commission laboratory.
Proposed Changes
The bill authorizes the Commission to do the following, if the state racing commission or racing
authority of such other state or jurisdiction extends to the commission reciprocal courtesy to maintain
the disciplinary control:
Deny a license to, or revoke, suspend, or place conditions upon or restrictions on a license of
any person who has been subject to a provisional suspension or period of ineligibility by HISA or
any other such authority designated by the FTC;
Deny, suspend, or place conditions on a license of any person who is subject to a provisional
suspension or period of ineligibility under HISA related to the finding of a prohibited substance in
an animal’s hair or bodily fluids. Any such suspension expires on the date that the provisional
suspension or period of ineligibility imposed by HISA expires.
The bill removes the provision that only allows such actions if the state racing commission or racing
authority of such other state or jurisdiction extends to the commission reciprocal courtesy to maintain
the disciplinary control.
56 15 U.S.C., § 3057(d).
57 15 U.S.C., § 3054(j).
58 Id.
59 15 U.S.C., § 3054(b).
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The bill also requires, if an occupational license is summarily suspended under this provision, the
Commission to offer the licensee a postsuspension hearing within 72 hours after commencement of the
suspension.
The bill requires the occupational licensee to have the burden of proving by clear and convincing
evidence that she or he is not subject to a provisional suspension or period of ineligibility imposed by
HISA. The standard of review for the Commission is whether the commission's action was an abuse of
its discretion.
Pari-mutuel Wagering Audit Reports
Present Situation
Currently, each permitholder that conducts race meetings or jai alai exhibitions is required to keep
records that clearly show the:60
Total number of admissions and the total amount of money contributed to each pari-mutuel pool
on each race or exhibition separately; and
Amount of money received daily from admission fees.
Within 120 days after the end of the fiscal year, such permitholders are required to submit to the
Commission a complete annual report of its accounts, audited by a certified public accountant licensed
to practice in the state.61
Proposed Changes
The bill establishes a single audit and reporting requirement for pari-mutuel and slot machine
permitholders that clarifies what is required in the report, and requires the deadline for the report to be
120 days after the end of the fiscal year. The bill:
Removes the requirement for each permitholder issued a pari-mutuel operating license to
include the total number of admissions in the report.
Requires the records to include cardroom gross receipts, and slot machine revenues.
Removes the requirement that the records be on each pari-mutuel pool on each race or
exhibition separately and the amount of money received daily from admission fees.
Retains the requirement that within 120 days after the end of its fiscal year, each permitholder
submit to the Commission a complete annual report of its accounts, audited by a certified public
accountant licensed to practice in the state.
Greyhound Permitholders Unclaimed Tickets
Present Situation
Current law requires all money or other property represented by any unclaimed, uncashed, or
abandoned pari-mutuel ticket which has remained in the custody of or under the control of any
greyhound permitholder authorized to conduct pari-mutuel wagering in this state for a period of 1 year
after the date the pari-mutuel ticket was issued, if the rightful owner or owners thereof have made no
claim or demand for such money or other property within that period of time, to be remitted to the state
pursuant to s. 550.1645, F.S.62
Such permitholder is entitled to a credit in each state fiscal year in an amount equal to the actual
amount remitted in the prior state fiscal year which may be applied against any taxes imposed pursuant
to this chapter. In addition, each permitholder is required to pay, from any source, an amount not less
60 S. 550.125(2)(a), F.S.
61 Id.
62 S. 550.1647, F.S.
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than 10 percent of the amount of the credit provided by this section to any bona fide organization that
promotes or encourages the adoption of greyhounds.63
Proposed Changes
The bill repeals this section of law.
Nonwagering Permits
Present Situation
Current law authorizes the Commission to issue permits for the conduct of horseracing meets without
pari-mutuel wagering or any other form of wagering being conducted in conjunction. Such permits are
known as nonwagering permits and may be issued only for horseracing meets. A horseracing
permitholder need not obtain an additional permit from the Commission to conduct nonwagering racing,
but must apply to the Commission for the issuance of a license. The holder of a nonwagering permit is
prohibited from conducting pari-mutuel wagering or any other form of wagering in conjunction with
racing conducted under the permit.64
The holder of a nonwagering permit is exempt from the occupational license requirements in s.
550.105, F.S., and from the imposition of daily license fees and admission tax. 65
Upon receipt of a nonwagering permit, the permitholder is required to apply to the Commission before
June 1 of each year for an annual nonwagering license for the next succeeding calendar year. Such
application must set forth the days and locations at which the permitholder will conduct nonwagering
horseracing and must indicate any changes in ownership or management of the permitholder occurring
since the date of application for the prior license.66
On or before August 1 of each year, the Commission is required to issue a license authorizing the
nonwagering permitholder to conduct nonwagering horseracing during the succeeding calendar year
during the period and for the number of days set forth in the application. 67
The commission is authorized to conduct an eligibility investigation to determine the qualifications of
any new ownership or management interest in the permit. 68
Proposed Changes
The bill:
Changes the application and issuance deadlines of nonwagering licenses from a calendar year
basis to a fiscal year.
Revises the nonwagering license application deadline to be consistent with the live operating
dates license applications, during the period of January 15 through February 4 annually, and
extends the date the Commission must issue a license from August 1 to April 15.
Authorizes the Commission to extend a nonwagering license from calendar year 2024 to state
fiscal year 2024-2025 upon application by the non-wagering license holder.
Removes the authority of the Commission to conduct an eligibility investigation to determine the
qualifications of any new ownership or management interest in the permit.
63 Id., As used in this chapter, the term “bona fide organization that promotes or encourages the adoption of greyhounds ” means any
organization that provides evidence of compliance with chapter 496 and possesses a valid exemption from federal taxation issu ed by
the Internal Revenue Service. Such bona fide organization, as a condition of adoption, must provide sterilization of greyhounds by a
licensed veterinarian before relinquishing custody of the greyhound to the adopter. The fee for sterilization may be included in the cost
of adoption.
64 S. 550.505(1)(b), F.S.
65 S. 550.505(1)(c), F.S.
66 S. 550.505(3)(a), F.S.
67 S. 550.505(3)(b), F.S.
68 S. 550.505(3)(c), F.S.
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License to Conduct Slot Machine Gaming
Present Situation
Upon application and a finding by the Commission after investigation that the application is complete
and the applicant is qualified and payment of the initial license fee, the Commission is authorized to
issue a license to conduct slot machine gaming in the designated slot machine gaming area of the
eligible facility.69
An application may be approved by the Commission only after the voters of the county where the
applicant’s facility is located have authorized by referendum slot machines within pari-mutuel facilities in
that county as specified in s. 23, Art. X of the State Constitution.70
Slot machine licenses are only allowed to be issued to licensed pari-mutuel permitholders, and slot
machine gaming may be conducted only at the eligible facility at which the permitholder is authorized
under its valid pari-mutuel wagering permit to conduct pari-mutuel wagering activities.71
As a condition of licensure and to maintain continued authority for the conduct of slot machine gaming,
the slot machine licensee is required to continue to be in compliance with the chapter of law governing
slot machines and the chapter of law governing pari-mutuel wagering.72
Notwithstanding any contrary provision of law and in order to expedite the operation of slot machines at
eligible facilities, any eligible facility is entitled within 60 days after the effective date of this act to
amend its 2006-2007 pari-mutuel wagering operating license issued by the Commission under ss.
550.0115 and 550.01215, F.S. The Commission must issue a new license to the eligible facility to
effectuate any approved change.73
Proposed Changes
The bill:
Establishes a single audit and reporting requirement that clarifies what is required in the report
and requires the deadline for the report to be 120 days after the end of the fiscal year.
Removes the provision that allows an eligible facility within 60 days after the effective date of
this act to amend its 2006-2007 pari-mutuel wagering operating license issued by the
Commission under ss. 550.0115 and 550.01215, F.S.
Specifies that the certified public accountant that the audit must be provided by must be
licensed under ch. 473, F.S.
Slot Machine Occupational License
Present Situation
Current law requires the following slot machine occupational licenses to be issued to persons or entities
that, by virtue of the positions they hold, might be granted access to slot machine gaming areas or to
any other person or entity in one of the following categories: 74
General occupational licenses for general employees, including food service, maintenance,
and other similar service and support employees having access to the slot machine gaming
area.
69 S. 551.104(1), F.S.
70 S. 551.104(2), F.S.
71 S. 551.104(3), F.S.
72 S. 551.104(4), F.S.
73 Id.
74 S. 551.107(2)(a), F.S.
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Professional occupational licenses for any person, proprietorship, partnership, corporation,
or other entity that is authorized by a slot machine licensee to manage, oversee, or otherwise
control daily operations as a slot machine manager, a floor supervisor, security personnel, or
any other similar position of oversight of gaming operations, or any person who is not an
employee of the slot machine licensee and who provides maintenance, repair, or upgrades or
otherwise services a slot machine or other slot machine equipment.
Business occupational licenses for any slot machine management company or company
associated with slot machine gaming, any person who manufactures, distributes, or sells slot
machines, slot machine paraphernalia, or other associated equipment to slot machine
licensees, or any company that sells or provides goods or services associated with slot machine
gaming to slot machine licensees.
The commission is authorized to deny, suspend, revoke, or refuse to renew any slot machine license if
the applicant has:75
Violated the provisions of this chapter or the rules of the Commission governing the conduct of
persons connected with slot machine gaming.
Been convicted in this state, in any other state, or under the laws of the United States of a
capital felony, a felony, or an offense in any other state that would be a felony under the laws of
this state involving:
o Arson;
o Trafficking in, conspiracy to traffic in, smuggling, importing, conspiracy to smuggle or
import, or delivery, sale, or distribution of a controlled substance;
o Racketeering; or
o A crime involving a lack of good moral character, or has had a gaming license revoked
by this state or any other jurisdiction for any gaming-related offense.
Been convicted of a felony or misdemeanor in this state, in any other state, or under the laws of
the United States if such felony or misdemeanor is related to gambling or bookmaking as
described in s. 849.25.
This provision does not appear to allow the Commission to issue a waiver for certain disqualifying
offenses.
Proposed Changes
The bill authorizes the Commission to waive the restrictions for slot machine occupational licensee
applicants if the applicant establishes that she or he:
Is of good moral character,
Has been rehabilitated, and
The crime is not related to slot machine gaming and is not a capital offense.
Reenactments
The bill reenacts ss. 212.04(2)(c), 550.0351(4), 550.09511(2), 550.09512(4), 550.09514(1) and (2)(e),
550.09516(3), 550.135(1), 550.1625(2), 550.3551(2)(b), (3)(c), and (4), 550.26352(3)-(6), and
550.375(4), F.S., relating to admissions taxes and rates, charity racing days, jail alai taxes, harness
horse taxes, greyhound dog racing taxes and purse requirements, thoroughbred horse taxes, daily
licensing fees collected from pari-mutuel racing, dogracing taxes, transmitting racing and jai alai
information and commingling pari-mutuel pools, authorizing Breeders' Cup Meet pools, and operating
certain harness tracks, respectively, to incorporate the amendment made to s. 550.0951, F.S.
B. SECTION DIRECTORY:
Section 1: Creates s. 16.717, F.S., relating to Florida Gaming Control Commission; penalties for
false oath or affirmation of applicants for licensure; licensees.
75 S. 551.107(6), F.S.
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Section 2: Creates s. 16.718, F.S., relating to Florida Gaming Control Commission; notification of
applicants' or licensees' addresses and place of employment; service.
Section 3: Amends s. 550.01215, F.S., relating to license application; periods of operation; license
fees; bond.
Section 4: Amends s. 550.0951, F.S., relating to payment of daily license fee and taxes; penalties.
Section 5: Amends s. 550.09515, F.S., relating to thoroughbred horse taxes; abandoned interest in
a permit for nonpayment of taxes.
Section 6: Amends s. 550.105, F.S., relating to occupational licenses of racetrack employees; fees;
denial, suspension, and revocation of license; penalties and fines.
Section 7: Amends s. 550.125, F.S., relating to uniform reporting system; bond requirement.
Section 8: Repeals s. 550.1647, F.S., relating to greyhound permitholders; unclaimed tickets;
breaks.
Section 9: Amends s. 550.505, F.S., relating to nonwagering permits.
Section 10: Amends s. 551.104, F.S., relating to license to conduct slot machine gaming.
Section 11: Amends s. 551.107, F.S., relating to slot machine occupational license; findings;
application; fee.
Section 12: Amends s. 212.04, F.S., relating to admissions tax; rate, procedure, enforcement.
Section 13: Reenacts s. 550.0351, F.S., relating to charity racing days.
Section 14: Reenacts s. 550.09511, F.S., relating to jai alai taxes; abandoned interest in a permit for
nonpayment of taxes.
Section 15: Reenacts s. 550.09512, F.S., relating to harness horse taxes; abandoned interest in a
permit for nonpayment of taxes.
Section 16: Reenacts s. 550.09514, F.S., relating to greyhound dogracing taxes; purse
requirements.
Section 17: Reenacts s. 550.09516, F.S., relating to credit for eligible permitholders conducting
thoroughbred racing.
Section 18: Reenacts s. 550.135, F.S., relating to division of moneys derived under this law.
Section 19: Reenacts s. 550.1625, F.S., relating to dogracing; taxes.
Section 10: Reenacts s. 550.3551, F.S., relating to transmission of racing and jai alai information;
commingling of pari-mutuel pools.
Section 21: Reenacts s. 550.26352, F.S., relating to Breeders' Cup Meet; pools authorized; conflicts;
taxes; credits; transmission of races; rules; application.
Section 22: Reenacts s. 550.375, F.S., relating to operation of certain harness tracks.
Section 23: 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:
Insignificant. According to the Commission, there will be a “minimal decrease in expenditures due to
expected decrease in use of certified mail, posting notices in local newspapers, and manhours for
hand service of official communication, documents, final orders, and final agency action of the
commission.”76
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Extending pari-mutuel wagering operating license application dates may reduce costs for permitholders
and the Commission related to complying with the earlier deadlines.
Consolidating pari-mutuel wagering and slot machine license audit reporting requirements and
timeframes may reduce redundancy and related costs to the licensees and the Commission.
Authorizing the Commission to waive restrictions for disqualifying offenses for slot machine
occupational licensee applicants may result in additional applicants and a positive fiscal impact to the
individuals that gain employment, and businesses that want to hire them.
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:
76 Florida Gaming Control Commission, Agency Analysis of HB 907, p. 6 (Jan. 11, 2024).
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According to the Commission, it “may need to update rules in chapter 75 of the Florida Administrative
Code as a result of the bill becoming law.”77
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
77 Id., at 6.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 907 2024
1 A bill to be entitled
2 An act relating to gaming licenses and permits;
3 creating s. 16.717, F.S.; providing penalties for
4 persons who falsely swear on an application for, or a
5 renewal of, a license submitted to the Florida Gaming
6 Control Commission; creating s. 16.718, F.S.;
7 requiring applicants for licenses and licensees to
8 notify the commission of certain contact information
9 and of any change in such contact information and
10 providing penalties for failure to comply; providing
11 that delivery of correspondence to the licensee's or
12 applicant's e-mail or mailing address on record with
13 the commission constitutes sufficient notice for
14 official communications, including administrative
15 complaints or other documents setting forth intended
16 or final agency action; amending s. 550.01215, F.S. ;
17 revising the timeframe during which a permitholder is
18 required to annually file an application for an
19 operating license for a pari-mutuel facility during
20 the next state fiscal year; revising the date by which
21 the commission is required to issue such license;
22 authorizing, rather than requiring, the commission to
23 take into consideration the impact of such change on
24 state revenues when determining whether to change a
25 performance date; making technical changes; amending
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26 s. 550.0951, F.S.; removing a specified tax credit for
27 greyhound permitholders; making technical changes;
28 reenacting and amending s. 550.09515, F.S.; removing
29 obsolete language; amending s. 550.105, F.S.;
30 expanding the commission's authority to deny, revoke,
31 suspend, or place conditions on certain licenses;
32 authorizing the commission to take such action when a
33 person has been subject to a provisional suspension or
34 period of ineligibility imposed by the federal
35 Horseracing Integrity and Safety Authority related to
36 the finding of a prohibited substance in an animal's
37 hair or bodily fluids; providing an appeals process
38 for a licensee who has been summarily suspended;
39 providing a standard of review for the commission for
40 such appeals; amending s. 550.125, F.S.; revising
41 requirements for maintaining certain financial records
42 and applying such requirements to all, rather than
43 specified, pari-mutuel wagering permitholders;
44 repealing s. 550.1647, F.S., relating to greyhound
45 racing permitholders' unclaimed tickets and breaks;
46 amending s. 550.505, F.S.; revising the timeframe for
47 nonwagering permitholders to apply for a nonwagering
48 license; requiring permitholders to demonstrate that
49 locations designated for nonwagering horseracing are
50 available for such use; revising the timeframe during
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51 which the commission is required to issue certain
52 nonwagering licenses; authorizing the commission to
53 extend a certain nonwagering license for a specified
54 fiscal year; amending s. 551.104, F.S.; removing
55 obsolete language; requiring audits of licensees'
56 receipts and distributions of slot machine revenues to
57 be conducted by a certified public accountant licensed
58 under ch. 473, F.S.; revising the timeframe within
59 which the audit may be filed with the commission;
60 amending s. 551.107, F.S.; authorizing the waiver of
61 required action on the part of the commission under
62 certain circumstances; reenacting ss. 212.04(2)(c),
63 550.0351(4), 550.09511(2), 550.09512(4), 550.09514(1)
64 and (2)(e), 550.09516(3), 550.135(1), 550.1625(2),
65 550.3551(2)(b), (3)(c), and (4), 550.26352(3)-(6), and
66 550.375(4), F.S., relating to admissions taxes and
67 rates, charity racing days, jail alai taxes, harness
68 horse taxes, greyhound dog racing taxes and purse
69 requirements, thoroughbred horse taxes, daily
70 licensing fees collected from pari-mutuel racing,
71 dogracing taxes, transmitting racing and jai alai
72 information and commingling pari-mutuel pools,
73 authorizing Breeders' Cup Meet pools, and operating
74 certain harness tracks, respectively, to incorporate
75 the amendment made to s. 550.0951, F.S., in references
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76 thereto; providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Section 16.717, Florida Statutes, is created to
81 read:
82 16.717 Florida Gaming Control Commission; penalties for
83 false oath or affirmation of applicants for licensure;
84 licensees.—Any person who submits an application for a license
85 to the commission, or any person issued a license or renewal by
86 the commission in response to an application, and upon which
87 application the person signing under oath or affirmation has
88 falsely sworn to a material statement, including, but not
89 limited to, the criminal history of the applicant or licensee,
90 is subject to denial of his or her application or to suspension
91 or revocation of his or her license, and is subject to any other
92 penalties provided by law.
93 Section 2. Section 16.718, Florida Statutes, is created to
94 read:
95 16.718 Florida Gaming Control Commission; notification of
96 applicants' or licensees' addresses and place of employment;
97 service.—
98 (1) Each applicant for a license with the commission and
99 each licensee of the commission is responsible for notifying the
100 commission in writing of the applicant's or licensee's current
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101 mailing address, e-mail address, and place of employment. An
102 applicant's failure to notify the commission constitutes a
103 violation of this section, and the applicant's application may
104 be denied. A licensee's failure to notify the commission of any
105 change to the e-mail or mailing address of record constitutes a
106 violation of this section, and the licensee may be disciplined
107 by the commission as described in s. 550.0251(10).
108 (2) Notwithstanding any provision of law to the contrary,
109 service by e-mail to an applicant's or licensee's e-mail address
110 of record with the commission constitutes sufficient notice to
111 the applicant or licensee for any official communication. The
112 commission may, in its discretion, provide service for any
113 official communication by regular mail to an applicant's or
114 licensee's last known mailing address. The commission is not
115 required to provide service by both e-mail and regular mail.
116 (3) Notwithstanding any provision of law to the contrary,
117 when an administrative complaint or other document setting forth
118 intended or final agency action is to be served on an applicant
119 or a licensee, the commission is only required to provide
120 service by e-mail to the applicant's or licensee's e-mail
121 address on record with the commission. E-mail service
122 constitutes sufficient notice to the person or persons upon whom
123 an administrative complaint or any other document setting forth
124 intended or final agency action is served. The commission may,
125 in its discretion, provide service of an administrative
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126 complaint or any other documents setting forth intended or final
127 agency action by regular mail to an applicant's or licensee's
128 last known mailing address. The commission is not required to
129 provide service by both e-mail and regular mail.
130 Section 3. Subsections (1) and (3) of section 550.01215,
131 Florida Statutes, are amended to read:
132 550.01215 License application; periods of operation;
133 license fees; bond.—
134 (1) Each permitholder shall annually, during the period
135 between January December 15 and February January 4, file in
136 writing with the commission its application for an operating
137 license for a pari-mutuel facility for the conduct of pari-
138 mutuel wagering during the next state fiscal year, including
139 intertrack and simulcast race wagering. Each application for
140 live performances must specify the number, dates, and starting
141 times of all live performances that the permitholder intends to
142 conduct. It must also specify which performances will be
143 conducted as charity or scholarship performances.
144 (a) Each application for an operating license also must
145 include:
146 1. For each permitholder, whether the permitholder intends
147 to accept wagers on intertrack or simulcast events.
148 2. For each permitholder that elects to operate a
149 cardroom, the dates and periods of operation the permitholder
150 intends to operate the cardroom.
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151 3. For each thoroughbred racing permitholder that elects
152 to receive or rebroadcast out-of-state races, the dates for all
153 performances that the permitholder intends to conduct.
154 (b)1. A greyhound permitholder may not conduct live
155 racing. A jai alai permitholder, harness horse racing
156 permitholder, or quarter horse racing permitholder may elect not
157 to conduct live racing or games. A thoroughbred permitholder
158 must conduct live racing. A greyhound permitholder, jai alai
159 permitholder, harness horse racing permitholder, or quarter
160 horse racing permitholder that does not conduct live racing or
161 games retains its permit; is a pari-mutuel facility as defined
162 in s. 550.002(23); if such permitholder has been issued a slot
163 machine license, the facility where such permit is located
164 remains an eligible facility as defined in s. 551.102(4),
165 continues to be eligible for a slot machine license pursuant to
166 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and
167 551.114(2); is eligible, but not required, to be a guest track
168 and, if the permitholder is a harness horse racing permitholder,
169 to be a host track for purposes of intertrack wagering and
170 simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and
171 550.6305; and remains eligible for a cardroom license.
172 2. A permitholder or licensee may not conduct live
173 greyhound racing or dogracing in connection with any wager for
174 money or any other thing of value in the state. The commission
175 may deny, suspend, or revoke any permit or license under this
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176 chapter if a permitholder or licensee conducts live greyhound
177 racing or dogracing in violation of this subparagraph. In
178 addition to, or in lieu of, denial, suspension, or revocation of
179 such permit or license, the commission may impose a civil
180 penalty of up to $5,000 against the permitholder or licensee for
181 a violation of this subparagraph. All penalties imposed and
182 collected must be deposited with the Chief Financial Officer to
183 the credit of the General Revenue Fund.
184 (c) Permitholders may amend their applications through
185 February 28.
186 (d) Notwithstanding any other provision of law, other than
187 a permitholder issued a permit pursuant to s. 550.3345, a pari-
188 mutuel permitholder may not be issued an operating license for
189 the conduct of pari-mutuel wagering, slot machine gaming, or the
190 operation of a cardroom if the permitholder did not hold an
191 operating license for the conduct of pari-mutuel wagering for
192 fiscal year 2020-2021. This paragraph does not apply to a
193 purchaser, transferee, or assignee holding a valid permit for
194 the conduct of pari-mutuel wagering approved pursuant to s.
195 550.054(15)(a).
196 (3) The commission shall issue each license no later than
197 April March 15. Each permitholder shall operate all performances
198 at the date and time specified on its license. The commission
199 shall have the authority to approve minor changes in racing
200 dates after a license has been issued. The commission may
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201 approve changes in performance racing dates after a license has
202 been issued when there is no objection from any operating
203 permitholder that is conducting live racing or games and that is
204 located within 50 miles of the permitholder requesting the
205 changes in operating dates. In the event of an objection, the
206 commission shall approve or disapprove the change in operating
207 dates based upon the impact on operating permitholders located
208 within 50 miles of the permitholder requesting the change in
209 operating dates. In making the determination to change
210 performance racing dates, the commission may shall take into
211 consideration the impact of such changes on state revenues.
212 Section 4. Subsection (1), paragraph (b) of subsection
213 (3), and subsection (5) of section 550.0951, Florida Statutes,
214 are amended to read:
215 550.0951 Payment of daily license fee and taxes;
216 penalties.—
217 (1) DAILY LICENSE FEE.—
218 (a) Each person engaged in the business of conducting race
219 meetings or jai alai games under this chapter, hereinafter
220 referred to as the "permitholder," "licensee," or "permittee,"
221 shall pay to the commission, for the use of the commission, a
222 daily license fee on each live or simulcast pari-mutuel event of
223 $100 for each horserace and $80 for each dograce and $40 for
224 each jai alai game conducted at a racetrack or fronton licensed
225 under this chapter. The In addition to the tax exemption
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226 specified in s. 550.09514(1) of $360,000 or $500,000 per
227 greyhound permitholder per state fiscal year, each greyhound
228 permitholder shall receive in the current state fiscal year a
229 tax credit equal to the number of live greyhound races conducted
230 in the previous state fiscal year times the daily license fee
231 specified for each dograce in this subsection applicable for the
232 previous state fiscal year. This tax credit and the exemption in
233 s. 550.09514(1) applies shall be applicable to any tax imposed
234 by this chapter or the daily license fees imposed by this
235 chapter except during any charity or scholarship performances
236 conducted pursuant to s. 550.0351. Each permitholder shall pay
237 daily license fees not to exceed $500 per day on any simulcast
238 races or games on which such permitholder accepts wagers
239 regardless of the number of out-of-state events taken or the
240 number of out-of-state locations from which such events are
241 taken. This license fee shall be deposited with the Chief
242 Financial Officer to the credit of the Pari-mutuel Wagering
243 Trust Fund.
244 (b) Each permitholder that cannot utilize the full amount
245 of the exemption of $360,000 or $500,000 provided in s.
246 550.09514(1) or the daily license fee credit provided in this
247 section may, after notifying the commission in writing, elect
248 once per state fiscal year on a form provided by the commissi on
249 to transfer such exemption or credit or any portion thereof to
250 any greyhound permitholder which acts as a host track to such
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251 permitholder for the purpose of intertrack wagering. Once an
252 election to transfer such exemption or credit is filed with the
253 commission, it shall not be rescinded. The commission shall
254 disapprove the transfer when the amount of the exemption or
255 credit or portion thereof is unavailable to the transferring
256 permitholder or when the permitholder who is entitled to
257 transfer the exemption or credit or who is entitled to receive
258 the exemption or credit owes taxes to the state pursuant to a
259 deficiency letter or administrative complaint issued by the
260 commission. Upon approval of the transfer by the commission, the
261 transferred tax exemption or credit is shall be effective for
262 the first performance of the next payment period as specified in
263 subsection (5). The exemption or credit transferred to such host
264 track may be applied by such host track against any taxes
265 imposed by this chapter or daily license fees imposed by this
266 chapter. The greyhound permitholder host track to which such
267 exemption or credit is transferred shall reimburse such
268 permitholder the exact monetary value of such transferred
269 exemption or credit as actually applied against the taxes and
270 daily license fees of the host track. The commission shall
271 ensure that all transfers of exemption or credit are made in
272 accordance with this subsection and has shall have the authority
273 to adopt rules to ensure the implementation of this section.
274 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
275 contributions to pari-mutuel pools, the aggregate of which is
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276 hereinafter referred to as "handle," on races or games conducted
277 by the permitholder. The tax is imposed daily and is based on
278 the total contributions to all pari-mutuel pools conducted
279 during the daily performance. If a permitholder conducts more
280 than one performance daily, the tax is imposed on each
281 performance separately.
282 (b)1. The tax on handle for dogracing is 5.5 percent of
283 the handle, except that for live charity performances held
284 pursuant to s. 550.0351, and for intertrack wagering on such
285 charity performances at a guest greyhound track within the
286 market area of the host, the tax is 7.6 percent of the handle .
287 2. The tax on handle for jai alai is 7.1 percent of the
288 handle.
289 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
290 imposed by this section must shall be paid to the commission.
291 The commission shall deposit these sums with the Chief Financial
292 Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
293 hereby established. The permitholder shall remit to the
294 commission payment for the daily license fee, the admission tax,
295 the tax on handle, and the breaks tax. Such payments shall be
296 remitted by 3 p.m. Wednesday of each week for taxes imposed and
297 collected for the preceding week ending on Sunday. Beginning on
298 July 1, 2012, such payments must shall be remitted by 3 p.m. on
299 the 5th day of each calendar month for taxes imposed and
300 collected for the preceding calendar month. If the 5th day of
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301 the calendar month falls on a weekend, payments must shall be
302 remitted by 3 p.m. the first Monday following the weekend.
303 Permitholders shall file a report under oath by the 5th day of
304 each calendar month for all taxes remitted during the preceding
305 calendar month. Such payments must shall be accompanied by a
306 report under oath showing the total of all admissions, the pari -
307 mutuel wagering activities for the preceding calendar month, and
308 such other information as may be prescribed by the commission.
309 Section 5. Subsection (7) of section 550.09515, Florida
310 Statutes, is amended, and subsection (4) of that section is
311 reenacted for the purpose of incorporating the amendment made by
312 this act to section 550.0951, Florida Statutes, to read:
313 550.09515 Thoroughbred horse taxes; abandoned interest in
314 a permit for nonpayment of taxes.—
315 (4) In the event that a court of competent jurisdiction
316 determines any of the provisions of this section to be
317 unconstitutional, it is the intent of the Legislature that the
318 provisions contained in this section shall be null and void and
319 that the provisions of s. 550.0951 shall apply to all
320 thoroughbred horse permitholders beginning on the date of such
321 judicial determination. To this end, the Legislature declares
322 that it would not have enacted any of the provisions of this
323 section individually and, to that end, expressly finds them not
324 to be severable.
325 (7) If a thoroughbred permitholder fails to operate all
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326 performances on its 2001-2002 license, failure to pay tax on
327 handle for a full schedule of live races for those performances
328 in the 2001-2002 fiscal year does not constitute failure to pay
329 taxes on handle for a full schedule of live races in a fiscal
330 year for the purposes of subsection (3). This subsection may not
331 be construed as forgiving a thoroughbred permitholder from
332 paying taxes on performances conducted at its facility pursuant
333 to its 2001-2002 license other than for failure to operate all
334 performances on its 2001-2002 license. This subsection expires
335 July 1, 2003.
336 Section 6. Paragraphs (a) and (c) of subsection (5) of
337 section 550.105, Florida Statutes, are amended, and paragraph
338 (g) is added to that subsection, to read:
339 550.105 Occupational licenses of racetrack employees;
340 fees; denial, suspension, and revocation of license; penalties
341 and fines.—
342 (5)(a) The commission may do the following, if the state
343 racing commission or racing authority of such other state or
344 jurisdiction extends to the commission reciprocal courtesy to
345 maintain the disciplinary control:
346 1. Deny a license to or revoke, suspend, or place
347 conditions upon or restrictions on a license of any person who
348 has been refused a license by any other state racing commission
349 or racing authority or has been subject to a provisional
350 suspension or period of ineligibility by the federal Horseracing
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351 Integrity and Safety Authority (HISA), or another such authority
352 designated by the Federal Trade Commission.;
353 2. Deny, suspend, or place conditions on a license of any
354 person who is under suspension, or has unpaid fines in another
355 jurisdiction, or is subject to a provisional suspension or
356 period of ineligibility under HISA related to the finding of a
357 prohibited substance in an animal's hair or bodily fluids. Any
358 suspension imposed pursuant to this subparagraph expires on the
359 date that the provisional suspension or period of inelig ibility
360 imposed by HISA expires.;
361
362 if the state racing commission or racing authority of such other
363 state or jurisdiction extends to the commission reciprocal
364 courtesy to maintain the disciplinary control.
365 (c) The commission may deny, declare ineligible, or revoke
366 any occupational license if the applicant for such license has
367 been convicted of a felony or misdemeanor in this state, in any
368 other state, or under the laws of the United States, if such
369 felony or misdemeanor is related to gambling or bookmaking, as
370 contemplated in s. 849.25, or involves cruelty to animals. If
371 the applicant establishes that she or he is of good moral
372 character, that she or he has been rehabilitated, and that the
373 crime she or he was convicted of is not related to pari -mutuel
374 wagering and is not a capital offense, the restrictions
375 excluding offenders may be waived by the director of the
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376 commission.
377 (g) If an occupational license is summarily suspended
378 under this subsection, the commission must offer the licensee a
379 postsuspension hearing within 72 hours after commencement of the
380 suspension. The occupational licensee has the burden of proving
381 by clear and convincing evidence that she or he is not subject
382 to a provisional suspension or period of ineligibility imposed
383 by HISA. The standard of review for the commission under this
384 paragraph is whether the commission's action was an abuse of its
385 discretion.
386 Section 7. Paragraph (a) of subsection (2) of section
387 550.125, Florida Statutes, is amended to read:
388 550.125 Uniform reporting system; bond requirement.—
389 (2)(a) Each permitholder issued an operating license that
390 conducts race meetings or jai alai exhibitions under this
391 chapter shall keep records that clearly show the total number of
392 admissions and the total amount of money contributed to each
393 pari-mutuel pools, cardroom gross receipts, and slot machine
394 revenues on each race or exhibition separately and the amount of
395 money received daily from admission fees and, within 120 days
396 after the end of its fiscal year, shall submit to the commission
397 a complete annual report of its accounts, audited by a certified
398 public accountant licensed to practice in the state.
399 Section 8. Section 550.1647, Florida Statutes, is
400 repealed.
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401 Section 9. Subsection (3) of section 550.505, Florida
402 Statutes, is amended to read:
403 550.505 Nonwagering permits.—
404 (3)(a) Upon receipt of a nonwagering permit, the
405 permitholder shall apply annually between January 15 and
406 February 4 must apply to the commission before June 1 of each
407 year for a an annual nonwagering license for the next state
408 fiscal succeeding calendar year. Such application must set forth
409 the days and locations at which the permitholder will conduct
410 nonwagering horseracing, must demonstrate that any location to
411 which the nonwagering license applies is available for such use,
412 and must indicate any changes in ownership or management of the
413 permitholder occurring since the date of application for the
414 prior license.
415 (b) On or before April 15 August 1 of each year, the
416 commission shall issue a license authorizing the nonwagering
417 permitholder to conduct nonwagering horseracing during the next
418 state fiscal succeeding calendar year during the period and for
419 the number of days set forth in the application, subject to all
420 other provisions of this section.
421 (c) The commission may extend a nonwagering license during
422 the 2024 calendar year through the 2024-2025 fiscal year upon
423 application for such extension by the nonwagering permitholder
424 conduct an eligibility investigation to determine the
425 qualifications of any new ownership or management interest in
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426 the permit.
427 Section 10. Paragraph (b) of subsection (4) and subsection
428 (8) of section 551.104, Florida Statutes, are amended to read:
429 551.104 License to conduct slot machine gaming.—
430 (4) As a condition of licensure and to maintain continued
431 authority for the conduct of slot machine gaming, the slot
432 machine licensee shall:
433 (b) Continue to be in compliance with chapter 550, when
434 where applicable, and maintain the pari-mutuel permit and
435 license in good standing pursuant to the provisions of chapter
436 550. Notwithstanding any contrary provision of law and in order
437 to expedite the operation of slot machines at eligible
438 facilities, any eligible facility shall be entitled within 60
439 days after the effective date of this act to amend its 2006-2007
440 pari-mutuel wagering operating license issued by the commission
441 under ss. 550.0115 and 550.01215. The commission shall issue a
442 new license to the eligible facility to effectuate any approved
443 change.
444 (8) A slot machine licensee shall file with the commission
445 an audit of the receipt and distribution of all slot machine
446 revenues provided by an independent certified public accountant
447 licensed under chapter 473 verifying compliance with all
448 financial and auditing provisions of this chapter and the
449 associated rules adopted under this chapter. The audit must
450 include verification of compliance with all statutes and rules
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451 regarding all required records of slot machine operations. Such
452 audit must shall be filed within 120 60 days after the end of
453 its fiscal year completion of the permitholder's pari-mutuel
454 meet.
455 Section 11. Paragraph (b) of subsection (6) of section
456 551.107, Florida Statutes, is amended to read:
457 551.107 Slot machine occupational license; findings;
458 application; fee.—
459 (6)
460 (b) The commission may deny, revoke, or refuse to renew
461 any slot machine occupational license if the applicant for such
462 license or the licensee has been convicted of a felony or
463 misdemeanor in this state, in any other state, or under the laws
464 of the United States if such felony or misdemeanor is related to
465 gambling or bookmaking as described in s. 849.25. The
466 restrictions authorized in this paragraph may be waived by the
467 commission if the applicant establishes that she or he is of
468 good moral character, that she or he has been rehabilitated, and
469 that the crime she or he was convicted of is not related to slot
470 machine gaming and is not a capital offense.
471 Section 12. For the purpose of incorporating the amendment
472 made by this act to section 550.0951, Florida Statutes, in a
473 reference thereto, paragraph (c) of subsection (2) of section
474 212.04, Florida Statutes, is reenacted to read:
475 212.04 Admissions tax; rate, procedure, enforcement. —
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476 (2)
477 (c) The taxes imposed by this section shall be collected
478 in addition to the admission tax collected pursuant to s.
479 550.0951, but the amount collected under s. 550.0951 shall not
480 be subject to taxation under this chapter.
481 Section 13. For the purpose of incorporating the amendment
482 made by this act to section 550.0951, Florida Statutes, in a
483 reference thereto, subsection (4) of section 550.0351, Florida
484 Statutes, is reenacted to read:
485 550.0351 Charity racing days.—
486 (4) The total of all profits derived from the conduct of a
487 charity day performance must include all revenues derived from
488 the conduct of that racing performance, including all state
489 taxes that would otherwise be due to the state, except that the
490 daily license fee as provided in s. 550.0951(1) and the breaks
491 for the promotional trust funds as provided in s. 550.2625(3),
492 (4), (5), (7), and (8) shall be paid to the commission. All
493 other revenues from the charity racing performance, including
494 the commissions, breaks, and admissions and the revenues from
495 parking, programs, and concessions, shall be included in the
496 total of all profits.
497 Section 14. For the purpose of incorporating the amendment
498 made by this act to section 550.0951, Florida Statutes, in a
499 reference thereto, subsection (2) of section 550.09511, Florida
500 Statutes, is reenacted to read:
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501 550.09511 Jai alai taxes; abandoned interest in a permit
502 for nonpayment of taxes.—
503 (2) Notwithstanding the provisions of s. 550.0951(3)(b),
504 wagering on live jai alai performances shall be subject to the
505 following taxes:
506 (a)1. The tax on handle per performance for live jai alai
507 performances is 4.25 percent of handle per performance. However,
508 when the live handle of a permitholder during the preceding
509 state fiscal year was less than $15 million, the tax shall be
510 paid on the handle in excess of $30,000 per performance per day.
511 2. The tax rate shall be applicable only until the
512 requirements of paragraph (b) are met.
513 (b) At such time as the total of admissions tax, daily
514 license fee, and tax on handle for live jai alai performances
515 paid to the commission by a permitholder during the current
516 state fiscal year exceeds the total state tax revenues from
517 wagering on live jai alai performances paid or due by the
518 permitholder in fiscal year 1991-1992, the permitholder shall
519 pay tax on handle for live jai alai performances at a rate of
520 2.55 percent of the handle per performance for the remainder of
521 the current state fiscal year. For purposes of this section,
522 total state tax revenues on live jai alai wagering in fiscal
523 year 1991-1992 shall include any admissions tax, tax on handle,
524 surtaxes on handle, and daily license fees.
525 (c) If no tax on handle for live jai alai performances
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526 were paid to the commission by a jai alai permitholder during
527 the 1991-1992 state fiscal year, then at such time as the total
528 of admissions tax, daily license fee, and tax on handle for live
529 jai alai performances paid to the commission by a permitholder
530 during the current state fiscal year exceeds the total state tax
531 revenues from wagering on live jai alai performances paid or due
532 by the permitholder in the last state fiscal year in which the
533 permitholder conducted a full schedule of live games, the
534 permitholder shall pay tax on handle for live jai alai
535 performances at a rate of 3.3 percent of the handle per
536 performance for the remainder of the current state fiscal year.
537 For purposes of this section, total state tax revenues on live
538 jai alai wagering shall include any admissions tax, tax on
539 handle, surtaxes on handle, and daily license fees. This
540 paragraph shall take effect July 1, 1993.
541 (d) A permitholder who obtains a new permit issued by the
542 commission subsequent to the 1991-1992 state fiscal year and a
543 permitholder whose permit has been converted to a jai alai
544 permit under the provisions of this chapter, shall, at such time
545 as the total of admissions tax, daily license fee, and tax on
546 handle for live jai alai performances paid to the commission by
547 the permitholder during the current state fiscal year exceeds
548 the average total state tax revenues from wagering on live jai
549 alai performances for the first 3 consecutive jai alai seasons
550 paid to or due the commission by the permitholder and during
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551 which the permitholder conducted a full schedule of live games,
552 pay tax on handle for live jai alai performances at a rate of
553 3.3 percent of the handle per performance for the remainder of
554 the current state fiscal year.
555 (e) The payment of taxes pursuant to paragraphs (b), (c),
556 and (d) shall be calculated and commence beginning the day in
557 which the permitholder is first entitled to the reduced rate
558 specified in this section and the report of taxes required by s.
559 550.0951(5) is submitted to the commission.
560 (f) A jai alai permitholder paying taxes under this
561 section shall retain the breaks and pay an amount equal to the
562 breaks as special prize awards which shall be in addition to the
563 regular contracted prize money paid to jai alai players at the
564 permitholder's facility. Payment of the special prize money
565 shall be made during the permitholder's current meet.
566 (g) For purposes of this section, "handle" shall have the
567 same meaning as in s. 550.0951, and shall not include handle
568 from intertrack wagering.
569 Section 15. For the purpose of incorporating the amendment
570 made by this act to section 550.0951, Florida Statutes, in a
571 reference thereto, subsection (4) of section 550.09512, Florida
572 Statutes, is reenacted to read:
573 550.09512 Harness horse taxes; abandoned interest in a
574 permit for nonpayment of taxes.—
575 (4) In the event that a court of competent jurisdiction
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576 determines any of the provisions of this section to be
577 unconstitutional, it is the intent of the Legislature that the
578 provisions contained in this section shall be null and void and
579 that the provisions of s. 550.0951 shall apply to all harness
580 horse permitholders beginning on the date of such judicial
581 determination. To this end, the Legislature declares that it
582 would not have enacted any of the provisions of this section
583 individually and, to that end, expressly finds them not to be
584 severable.
585 Section 16. For the purpose of incorporating the amendment
586 made by this act to section 550.0951, Florida Statutes, in a
587 reference thereto, subsection (1) and paragraph (e) of
588 subsection (2) of section 550.09514, Florida Statutes, is
589 reenacted to read:
590 550.09514 Greyhound dogracing taxes; purse requirements.—
591 (1) Wagering on greyhound racing is subject to a tax on
592 handle for live greyhound racing as specified in s. 550.0951(3).
593 However, each permitholder shall pay no tax on handle until such
594 time as this subsection has resulted in a tax savings pe r state
595 fiscal year of $360,000. Thereafter, each permitholder shall pay
596 the tax as specified in s. 550.0951(3) on all handle for the
597 remainder of the permitholder's current race meet. For the three
598 permitholders that conducted a full schedule of live racing in
599 1995, and are closest to another state that authorizes greyhound
600 pari-mutuel wagering, the maximum tax savings per state fiscal
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601 year shall be $500,000. The provisions of this subsection
602 relating to tax exemptions shall not apply to any charity or
603 scholarship performances conducted pursuant to s. 550.0351.
604 (2)
605 (e) In addition to the purse requirements of paragraphs
606 (a)-(c), each greyhound permitholder shall pay as purses an
607 amount equal to one-third of the amount of the tax reduction on
608 live and simulcast handle applicable to such permitholder as a
609 result of the reductions in tax rates provided by this act
610 through the amendments to s. 550.0951(3). With respect to
611 intertrack wagering when the host and guest tracks are greyhound
612 permitholders not within the same market area, an amount equal
613 to the tax reduction applicable to the guest track handle as a
614 result of the reduction in tax rate provided by this act through
615 the amendment to s. 550.0951(3) shall be distributed to the
616 guest track, one-third of which amount shall be paid as purses
617 at the guest track. However, if the guest track is a greyhound
618 permitholder within the market area of the host or if the guest
619 track is not a greyhound permitholder, an amount equal to such
620 tax reduction applicable to the guest track handle shall be
621 retained by the host track, one-third of which amount shall be
622 paid as purses at the host track. These purse funds shall be
623 disbursed in the week received if the permitholder conducts at
624 least one live performance during that week. If the permitholder
625 does not conduct at least one live performance during the week
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626 in which the purse funds are received, the purse funds shall be
627 disbursed weekly during the permitholder's next race meet in an
628 amount determined by dividing the purse amount by the number of
629 performances approved for the permitholder pursuant to its
630 annual license, and multiplying that amount by the number of
631 performances conducted each week. The commission shall conduct
632 audits necessary to ensure compliance with this paragraph.
633 Section 17. For the purpose of incorporating the amendment
634 made by this act to section 550.0951, Florida Statutes, in a
635 reference thereto, subsection (3) of section 550.09516, Florida
636 Statutes, is reenacted to read:
637 550.09516 Credit for eligible permitholders conducting
638 thoroughbred racing.—
639 (3) Beginning July 1, 2023, and each July 1 thereafter,
640 each permitholder granted a credit pursuant to this section may
641 apply the credit to the taxes and fees due under ss. 550.0951,
642 550.09515, and 550.3551(3), less any credit received by the
643 permitholder under s. 550.09515(6), and less the amount of state
644 taxes that would otherwise be due to the state for the conduct
645 of charity day performances under s. 550.0351(4). The unused
646 portion of the credit may be carried forward and applied each
647 month as taxes and fees become due. Any unused credit remaining
648 at the end of a fiscal year expires and may not be used.
649 Section 18. For the purpose of incorporating the amendment
650 made by this act to section 550.0951, Florida Statutes, in a
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651 reference thereto, subsection (1) of section 550.135, Florida
652 Statutes, is reenacted to read:
653 550.135 Division of moneys derived under this law. —All
654 moneys that are deposited with the Chief Financial Officer to
655 the credit of the Pari-mutuel Wagering Trust Fund shall be
656 distributed as follows:
657 (1) The daily license fee revenues collected pursuant to
658 s. 550.0951(1) shall be used to fund the operating cost of the
659 commission; however, other collections in the Pari-mutuel
660 Wagering Trust Fund may also be used to fund the operation of
661 the commission in accordance with authorized appropriations.
662 Section 19. For the purpose of incorporating the amendment
663 made by this act to section 550.0951, Florida Statutes, in a
664 reference thereto, subsection (2) of section 550.1625, Florida
665 Statutes, is reenacted to read:
666 550.1625 Dogracing; taxes.—
667 (2) A permitholder that conducts a dograce meet under this
668 chapter must pay the daily license fee, the admission tax, the
669 breaks tax, and the tax on pari-mutuel handle as provided in s.
670 550.0951 and is subject to all penalties and sanctions provided
671 in s. 550.0951(6).
672 Section 20. For the purpose of incorporating the amendment
673 made by this act to section 550.0951, Florida Statutes, in a
674 reference thereto, paragraph (b) of subsection (2), paragraph
675 (c) of subsection (3), and subsection (4) of section 550.3551,
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676 Florida Statutes, is reenacted to read:
677 550.3551 Transmission of racing and jai alai information;
678 commingling of pari-mutuel pools.—
679 (2) Any horse track or fronton licensed under this chapter
680 may transmit broadcasts of races or games conducted at the
681 enclosure of the licensee to locations outside this state.
682 (b) Wagers accepted by any out-of-state pari-mutuel
683 permitholder or licensed betting system on a race broadcasted
684 under this subsection may be, but are not required to be,
685 included in the pari-mutuel pools of the horse track in this
686 state that broadcasts the race upon which wagers are accepted.
687 The handle, as referred to in s. 550.0951(3), does not include
688 any wagers accepted by an out-of-state pari-mutuel permitholder
689 or licensed betting system, irrespective of whether such wagers
690 are included in the pari-mutuel pools of the Florida
691 permitholder as authorized by this subsection.
692 (3) Any horse track licensed under this chapter may
693 receive broadcasts of horseraces conducted at other horse
694 racetracks located outside this state at the racetrack enclosure
695 of the licensee during its racing meet.
696 (c) All forms of pari-mutuel wagering are allowed on races
697 broadcast under this section, and all money wagered by patrons
698 on such races shall be computed as part of the total amount of
699 money wagered at each racing performance for purposes of
700 taxation under ss. 550.0951, 550.09512, and 550.09515. Sec tion
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701 550.2625(2)(a), (b), and (c) does not apply to any money wagered
702 on races broadcast under this section. Similarly, the takeout
703 shall be increased by breaks and uncashed tickets for wagers on
704 races broadcast under this section, notwithstanding any cont rary
705 provision of this chapter.
706 (4) Any greyhound permitholder or jai alai permitholder
707 licensed under this chapter may receive at its licensed location
708 broadcasts of dograces or jai alai games conducted at other
709 tracks or frontons located outside the state. All forms of pari-
710 mutuel wagering are allowed on dograces or jai alai games
711 broadcast under this subsection. All money wagered by patrons on
712 dograces broadcast under this subsection shall be computed in
713 the amount of money wagered each performance for purposes of
714 taxation under ss. 550.0951 and 550.09511.
715 Section 21. For the purpose of incorporating the amendment
716 made by this act to section 550.0951, Florida Statutes, in a
717 reference thereto, subsections (3) through (6) of section
718 550.26352, Florida Statutes, are reenacted to read:
719 550.26352 Breeders' Cup Meet; pools authorized; conflicts;
720 taxes; credits; transmission of races; rules; application. —
721 (3) If the permitholder conducting the Breeders' Cup Meet
722 is located within 35 miles of one or more permitholders
723 scheduled to conduct a thoroughbred race meet on any of the 3
724 days of the Breeders' Cup Meet, then operation on any of those 3
725 days by the other permitholders is prohibited. As compensation
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726 for the loss of racing days caused thereby, such operating
727 permitholders shall receive a credit against the taxes otherwise
728 due and payable to the state under ss. 550.0951 and 550.09515.
729 This credit shall be in an amount equal to the operating loss
730 determined to have been suffered by the operating permit holders
731 as a result of not operating on the prohibited racing days, but
732 shall not exceed a total of $950,000. The determination of the
733 amount to be credited shall be made by the commission upon
734 application by the operating permitholder. The tax credits
735 provided in this subsection shall not be available unless an
736 operating permitholder is required to close a bona fide meet
737 consisting in part of no fewer than 10 scheduled performances in
738 the 15 days immediately preceding or 10 scheduled performances
739 in the 15 days immediately following the Breeders' Cup Meet.
740 Such tax credit shall be in lieu of any other compensation or
741 consideration for the loss of racing days. There shall be no
742 replacement or makeup of any lost racing days.
743 (4) Notwithstanding any provision of ss. 550.0951 and
744 550.09515, the permitholder conducting the Breeders' Cup Meet
745 shall pay no taxes on the handle included within the pari-mutuel
746 pools of said permitholder during the Breeders' Cup Meet.
747 (5) The permitholder conducting the Breeders' Cup Meet
748 shall receive a credit against the taxes otherwise due and
749 payable to the state under ss. 550.0951 and 550.09515 generated
750 during said permitholder's next ensuing regular thoroughbred
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751 race meet. This credit shall be in an amount not to exceed
752 $950,000 and shall be utilized by the permitholder to pay the
753 purses offered by the permitholder during the Breeders' Cup Meet
754 in excess of the purses which the permitholder is otherwise
755 required by law to pay. The amount to be credited shall be
756 determined by the commission upon application of the
757 permitholder which is subject to audit by the commission.
758 (6) The permitholder conducting the Breeders' Cup Meet
759 shall receive a credit against the taxes otherwise due and
760 payable to the state under ss. 550.0951 and 550.09515 generated
761 during said permitholder's next ensuing regular thoroughbred
762 race meet. This credit shall be in an amount not to exceed
763 $950,000 and shall be utilized by the permitholder for such
764 capital improvements and extraordinary expenses as may b e
765 necessary for operation of the Breeders' Cup Meet. The amount to
766 be credited shall be determined by the commission upon
767 application of the permitholder which is subject to audit by the
768 commission.
769 Section 22. For the purpose of incorporating the amendment
770 made by this act to section 550.0951, Florida Statutes, in a
771 reference thereto, subsection (4) of section 550.375, Florida
772 Statutes, is reenacted to read:
773 550.375 Operation of certain harness tracks.—
774 (4) The permitholder conducting a harness horse race meet
775 must pay the daily license fee, the admission tax, the tax on
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776 breaks, and the tax on pari-mutuel handle provided in s.
777 550.0951 and is subject to all penalties and sanctions provided
778 in s. 550.0951(6).
779 Section 23. This act shall take effect July 1, 2024.
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HB 1007
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1007 Nicotine Products
SPONSOR(S): Overdorf
TIED BILLS: IDEN./SIM. BILLS: SB 1006
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Appropriations Committee
3) Commerce Committee
SUMMARY ANALYSIS
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of tobacco
products under part I of ch. 569, F.S., and nicotine products under part II of ch. 569, F.S.
The bill:
Provides definitions for “nicotine products manufacturer”, “wholesale nicotine products dealer", and
“wholesale nicotine products dealer permit”.
Requires manufacturers to certify nicotine products with the Division and provide evidence that they
have sought approval with the Food and Drug Administration (FDA).
Creates a new wholesale nicotine product permit and requires wholesalers who do not have tobacco
permit to register, and only buy products on the directory.
Provides that the Division is permitted to conduct unannounced inspections of nicotine product
manufacturers who submitted their certification paperwork or are on the directory.
Provides administrative fines and imposes criminal penalties for violations of certain provisions.
Mandates retail nicotine product permit holders, other than nicotine manufacturers selling direct to
consumers, to purchase only from permitted wholesalers and only purchase registered products.
Modifies retail nicotine product dealer permit requirements.
Allows law enforcement to seize and destroy non-registered nicotine products.
The bill provides an effective date of October 1, 2024.
The bill may have an insignificant indeterminate fiscal impact on the state government.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1007.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Federal Regulation of Tobacco Products
The Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control Act) gives the U.S.
Food and Drug Administration (FDA) authority to regulate the manufacture, distribution, and marketing
of tobacco products to protect the public health. The Tobacco Control Act provides advertising and
labeling guidelines, provides standards for tobacco products, and requires face-to-face transactions for
tobacco sales with certain exceptions.1
On August 8, 2016, the FDA extended the definition of “tobacco product[s]” regulated under the Act
to include electronic nicotine delivery systems (ENDS). ENDS include e-cigarettes, e-cigars, e-
hookah, vape pens, personal vaporizers and electronic pipes. Additionally, the definition of tobacco
products includes components and parts such as e-liquids, tanks, cartridges, pods, wicks, and
atomizers. On April 14, 2022, the FDA’s authority was further expanded to include tobacco products
containing nicotine from any source, including synthetic nicotine.2
Federal law preempts states from providing additional or different requirements for tobacco products in
regards to “standards, premarket review, adulteration, misbranding, labeling, registration, good
manufacturing standards, or modified risk tobacco products.” However, federal law explicitly preserves
the right of states, or any political subdivision of a state, to enact laws, rules, regulations or other
measures related to prohibiting the sale, distribution, possession, exposure to, access to, advertising
and promotion of tobacco products which are more stringent than federal requirements.3
Registration by Manufacturers
Under federal law, manufacturers 4 are required initially and annually thereafter to register the name5,
places of business, and all such establishments of that manufacturer in any State with the FDA.6 These
manufacturers are required to register any additional places which they own or operate and start to
manufacture, prepare, compound, or process a tobacco product or tobacco products. 7
FDA Premarket Review Application Process for Tobacco Products 8
Before a new tobacco product9 can be distributed into interstate commerce, the manufacturer is
required to submit a marketing application to the FDA and receive authorization. 10 These applications
1
Federal Food, Drug, and Cosmetic Act, 21 USC § 351 et seq; 15 U.S.C. s. 1333, s. 1335; 21 U.S.C. s. 387g, s. 387f.
2 “NTN is the term used to describe nicotine that did not come from a tobacco plant. NTN includes
‘synthetic’ nicotine.”
U.S. Food and Drug Administration. Regulation and Enforcement of Non-Tobacco Nicotine (NTN) Products, U.S. Food
and Drug Administration, www.fda.gov/tobacco-products/products-ingredients-components/regulation-and-enforc ement-
non-tobacco-nicotine-ntn-products (last visited Jan. 19, 2024).
3
21 U.S.C. § 387p.
4 “The term ‘manufacture, preparation, compounding, or processing’ shall include repackaging or otherwise changing the
container, wrapper, or labeling of any tobacco product package in furtheranc e of the distribution of the tobacco product
from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer or user. ” 21
USCA § 387e(a)(1).
5 “The term ‘name’ shall include in the case of a partnership the name of each partner and, in the case of a corporation,
the name of each corporate officer and director, and the State of incorporation. ” 21 USCA § 387e(a)(2).
6 21 USCA § 387e(b)(c).
7 21 USCA § 387e(d).
8 See generally, 21 U.S.C. § 387j.
9 “A ‘new tobacco product’ is defined as any product not commercially marketed in the U.S. as of Feb. 15, 2007, or the
modification of a tobacco product where the modified product was commercially marketed in the U.S. after Feb. 15, 2007. ”
21 U.S.C. § 387j(1).
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are reviewed by the FDA to determine whether the product meets the proper requirements to receive
marketing authorization. Marketing authorization can be achieved through a Premarket Tobacco
Product Application (PMTA), Substantial Equivalence (SE) Report, or Exemption from Substantial
Equivalence Request (EX REQ).11 The FDA may issue a marketing granted order, temporarily suspend
a marketing order, withdraw a marketing granted order, or issue a marketing denial order.12 Preexisting
tobacco products were required to submit marketing applications to the FDA and receive authorization
by a particular date depending on the kind of tobacco product. A tobacco manufacturer may challenge
the FDA’s marketing denial.13 Manufactures must hold onto records that show their tobacco products
are legally on the market. 14
An applicant may submit a PMTA to demonstrate that a new tobacco product meets the requirements
to receive a marketing granted order.15 The PMTA must contain certain information16 for the FDA to
ascertain whether there are any applicable grounds for a marketing denial order. “A PMTA must
demonstrate the new tobacco product would be appropriate for the protection of the public health and
takes into account the increased or decreased likelihood that existing users of tobacco products will
stop using such products, as well as the increased or decreased likelihood that those who do not use
tobacco products will start using such products.”17
A SE Report can be submitted by the tobacco manufacturer to seek an FDA substantially equivalent
order. The applicant must provide information on the new tobacco product’s characteristics and
compare its characteristics to another tobacco product.18 The SE Report must contain certain
information to allow the FDA to determine whether the new tobacco product is substantially equivalent
to a tobacco product that was commercially marketed in the United States as of February 15, 2007.19
On the other hand, FDA may exempt from the requirements relating to the demonstration that a
tobacco product is substantially equivalent tobacco products that are modified by adding or deleting a
tobacco additive, or increasing or decreasing the quantity of an existing tobacco additive if certain
conditions are met. A request for an exemption (Ex Req) from the requirement of showing a substantial
equivalence may be made only by the manufacturer of a legally marketed tobacco product for a minor
modification to that tobacco product.20
10 Mark et and Distribute a Tobacco Product, U.S. Food and Drug Administration, www.fda.gov/tobacco-
products/products-guidance-regulations/market-and-distribute-tobacco-product (last visited Jan. 19, 2024).
11 https://www.fda.gov/tobacco-products/market-and-distribute-tobacco-product/tobacco-products-mark eting-orders
12 21 U.S.C. § 387j.
13 See Melissa Kress, Bat to Challenge FDA’s Mark eting Denial Order for Flavored Vuse Products , Convenience Store
News, (Oct. 13, 2023), https://csnews.com/bat-challenge-fdas-mark eting-denial-order-flavored-vuse-products (last visited
Jan. 20, 2024).
14
15 21 CFR 1114.5.
16 The PMTA must include information, such as, full reports of investigations of health risks, effect on the population as a
whole, product formulation, statement of compliance and certification, and manufacturing. See 21 CFR § 1114.7(a).
17 Supra note 9.
18 See 21 CFR 1107.16 and 21 CFR 1107.18.
19 21 CFR 1107.18.
20 21 CFR 1107.1.
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Florida Regulation of Tobacco and Nicotine Products
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of
tobacco products under part I of ch. 569, F.S., and nicotine products under part II of ch. 569, F.S.
Under Florida law, tobacco products and nicotine products have different definitions. This differs from
federal law where tobacco products include nicotine products.
Regulation of Tobacco Products
“Tobacco products” include loose tobacco leaves, and products made from tobacco leaves, in whole or
in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. 21
Section 210.25(11), F.S., relating to the tax on tobacco products other than cigarettes or cigars, defines
the term “tobacco products” differently as “loose tobacco suitable for smoking; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps;
clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such
manner as to be suitable for chewing.”
“Tobacco products” in either definition does not include nicotine products or nicotine dispensing
devices.
Under Section 210.01, F.S.:
“Wholesale dealer” means any person located inside or outside this state who sells cigarettes 22 to retail
dealers or other persons for purposes of resale only. Such term shall not include any cigarette
manufacturer, export warehouse proprietor, or importer with a valid permit 23if such person sells or
distributes cigarettes in this state only to dealers who are agents and who hold valid and current
permits under s. 210.15, F.S. or to any cigarette manufacturer, export warehouse proprietor, or importer
who holds a valid and current permit under 26 U.S.C. s. 5712. 24
“Distributing agent” means every person, firm or corporation in this state who acts as an agent for any
person, firm or corporation outside or inside the state by receiving cigarettes in interstate or intrastate
commerce and storing such cigarettes subject to distribution or delivery upon order from said principal
to wholesale dealers and other distributing agents inside or outside this state. 25
Cigarette and Tobacco Products Wholesalers, Distributors, and Manufacturers
A person must obtain a permit from the Division in order to distribute tobacco products, not including
cigarettes or cigars. A person must obtain a permit for each place of business. The fee for such permit
is $25.26
A person must obtain a cigarette permit from the Division in order to import, export, manufacture, deal
at wholesale, or distribute cigarettes in the state. A person must obtain a permit for each place of
business in the state or its principal place of business if the person does not have a business in this
state. The fee for such permit is $100. The Division may only issue permits to persons who are 18
years or older or corporations with officers who are 21 years or older.27
21 S. 569.002(6), F.S.
22 “’Cigarette” means any roll for smoking, except one of which the tobacco is fully naturally fermented, without regard to
the kind of tobacco or other substances used in the inner roll or the nature or composition of the material in which the roll
is wrapped, which is made wholly or in part of tobacco irrespective of size or shape and whether such tobacco is flavored,
adulterated or mixed with any other ingredient. S. 210.01(1), F.S.
23 26 U.S.C. s. 5712.
24 S. 210.01(6), F.S.
25 S. 210.01(14), F.S.
26 S. 210.40, F.S.
27 S. 210.15, F.S.
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Retail Tobacco Products Dealers
In order to sell tobacco products at retail or operate a tobacco products vending machine in Florida, a
person must obtain a retail tobacco products dealer permit from the Division. A tobacco products dealer
permit holder is allowed to sell nicotine products and nicotine dispensing devices, in addition to tobacco
products. A person must obtain a permit for each place of business or premises where tobacco
products are sold. Any person who owns, leases, furnishes, or operates a vending machines that
dispense tobacco products must also obtain a permit for each machine. The fee for such permit is
$50.28 The Division may only issue permits to persons who are 21 years or older or corporations with
officers who are 21 years or older.29
Anyone who deals in tobacco products at retail or allows a vending machine on the premises without a
permit is subject to a $500 fine.30
DBPR is required to submit an annual report to the Governor and Legislature regarding the
enforcement of tobacco products, including:31
The number and results of compliance visits by the Division;
The number of violations for failure of a retailer to hold a valid license;
The number of violations for selling tobacco products to anyone under the age of 21 and the
results of administrative hearings on such violations; and
The number of people under the age of 21 cited, including sanctions imposed as a result of
such citation, for misrepresenting their age, purchasing tobacco products underage, and
misrepresenting military service for the purpose of obtaining tobacco products underage.
Florida also has an excise tax and surcharge on cigarettes and other tobacco products, not including
cigars. The tax and surcharge for cigarettes is $0.1695 to $0.42375 per pack and a surcharge of $0.50
to $1.25 per pack depending on the number of cigarettes in the pack. The excise tax for tobacco
products is 25 percent of the wholesale price and the surcharge is 60 percent of the wholesale price.
There is no excise tax or surcharge for nicotine products or nicotine dispensing devices.32
Nicotine Regulations
“Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical
means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any
replacement cartridge for such device, and any other container of nicotine in a solution or other form
intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or other similar device or product.
“Nicotine product” means any product that contains nicotine, including liquid nicotine, which is intended
for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means.
Retail Nicotine Products Dealers
The regulations for the sale of nicotine products and nicotine dispensing devices mirror the regulations
for the sale of tobacco products. However, nicotine products do not have a tax or permit fee similar to
tobacco products.
Administrative Penalties
28 S. 569.003, F.S.
29 S. 569.003, F.S.
30 S. 569.005, F.S.
31 S. 569.19, F.S.
32 Ss. 210.011, 210.02, 210.276, and 210.30, F.S.; DBPR, Alcoholic Beverages & Tobacco – Tax & Reporting Information For
Licensees, http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/tax-and-reporting-information-for-
licensees/#1510753842753-25986d10-086f (last visited Jan. 20, 2024).
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The Division may suspend or revoke the permit of the retail tobacco products dealer or retail nicotine
product dealer upon sufficient cause appearing of the violation of chapter 569.The Division may also
assess and accept administrative fines of up to $1,000 against a dealer for each violation. The Division
shall deposit all fines collected into the General Revenue Fund as collected. An order imposing an
administrative fine becomes effective 15 days after the date of the order. The Division may suspend the
imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the
Division considers appropriate.33
Consent to inspection and search without warrant
The place or premises covered by a permit for a retail tobacco products dealer or a permit for a retail
nicotine product dealer is subject to inspection and search without a search warrant by the Division or
its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance
with requirements for and dealing.34
Effect of the Bill
Definitions
The bill modifies the definition of “nicotine product” by providing that “each individual stock keeping unit
is considered a separate nicotine product.” The bill provides the following definitions:
“Nicotine products manufacturer” means any person that manufactures nicotine products.
“Wholesale nicotine products dealer" means the holder of a wholesale nicotine products dealer
permit who purchases nicotine dispensing devices or nicotine products from any nicotine
products manufacturer.
"Wholesale nicotine products dealer permit" means a permit issued by the division under s.
569.316.
Nicotine Directory
Submission of Form and Applicable Copy Page for Certification
The bill requires every nicotine products manufacturer that sells nicotine products in Florida to execute
and deliver a form, prescribed by the Division under penalty of perjury for each nicotine product sold
that meets either of the following criteria:
The nicotine product manufacturer has applied for a marketing order for the nicotine product
derived from a tobacco source or nontobacco source by submitting a premarket tobacco
product application to the FDA under certain conditions, AND
o The premarket tobacco product application for the nicotine product remains under
review by the FDA, and neither a marketing authorization nor a marketing denial order
has been issued, OR
o The FDA issued a marketing denial order for the nicotine product, but the FDA or a
federal court issued a stay or an injunction during the pendency of the manufacturer's
appeal of the marketing denial order or either the order has been appealed to the FDA
or a challenge to the order has been filed with a federal court and the appeal or
challenge is still pending
The nicotine products manufacturer has received a marketing authorization or other
authorization, such as the SE or EX REQ, for the nicotine product from the FDA.
The Division’s form must require each nicotine products manufacturer to set forth:
the name under which the nicotine products manufacturer transacts or intends to transact
business,
the address of the location of the nicotine products manufacturer's principal place of business ,
the nicotine products manufacturer's e-mail address,
and any other information the division requires
33 Ss. 569.006 and 569.35, F.S.
34 Ss. 569.004 and 569.33, F.S.
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The bill provides that the Division may allow a nicotine products manufacturer to group its nicotine
products on its certification.
In addition to completing the form prescribed by the Division each nicotine products manufacturer is
required to provide a copy of the cover page of the premarket tobacco application with evidence of the
receipt of the application by the FDA, or a copy of the cover page of the marketing authorization or
other authorization issued by the FDA, whichever is applicable.
After the nicotine manufacturer submits the form and the applicable cover page (“the certification”) as
prescribed under the bill to the Division, nicotine manufacturer must notify the Division of any material
change to the certification, including, but not limited to, issuance by the FDA of any of the following:
A market authorization or authorization;
An marketing order requiring a nicotine products manufacturer to remove a product from the
market either temporarily or permanently;
Any notice of action taken by the FDA affecting the ability of the nicotine product to be
introduced or delivered in this state for commercial distribution;
Any change in policy which results in a nicotine product no longer being exempt from federal
enforcement oversight; or
Any other change deemed material by the division pursuant to a rule of the Division.
The bill provides that a nicotine products manufacturer that falsely represents any of the information in
the form prescribed by the Division or the applicable copy page in the certification process commits a
felony of the third degree for each false representation.
Directory
The bill requires the Division to develop and maintain a directory listing all the nicotine products certified
with the Division which comply with the requirements discussed above. On January 1, 2025, the
Division must make the directory available on the DBPR website, and update the directory as
necessary.
The bill provides that a determination by the Division not to include or remove from the directory a
nicotine products manufacturer or nicotine product is subject to review under the Florida Administrative
Procedure Act. If a nicotine products manufacturer seeks review of the decision to remove it from the
directory, the division must keep the nicotine product on the directory until conclusion of the hearing.
Process for Removal from the Directory
The bill requires that the Division provide a nicotine products manufacturer notice and an opportunity to
cure deficiencies before removing the manufacturer or its nicotine product from the directory. The
Division may not remove the nicotine products manufacturer or its nicotine product from the directory
until at least 15 days after the nicotine products manufacturer has been given notice of an intended
action. Notice is sufficient and deemed immediately received by a nicotine products manufacturer if the
notice is sent either electronically or by facsimile to an e-mail address or facsimile number provided by
the nicotine products manufacturer in its most recent certification filed. The bill provides that the
nicotine products manufacturer has 15 days from the date of service of the notice of the Division's
intended action to establish that the nicotine products manufacturer or its nicotine product should be
included in the directory.
The bill provides a process for retailers and wholesalers if a nicotine product is removed from the
directory. Each retailer and wholesaler have 21 days from when the such product is removed from the
directory to remove the product from its inventory and return the nicotine product to the nicotine
products manufacturer. Each nicotine products manufacturer shall provide to the division information
regarding the return of such product and how the returned product was disposed of within 21 days after
receipt. After 21 days following removal from the directory, the product identified in the notice of
removal is contraband.
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Nicotine Products Not Listed on the Directory
The bill provides that beginning March 1, 2025, or on the date that the Division first makes the directory
available for public inspection on its or the DBPR's website, whichever is later, a nicotine products
manufacturer that offers for sale a nicotine product not listed on the directory is subject to a fine of
$1,000 per day for each nicotine product offered for sale in violation of this section until the offending
product is removed from the market or until the offending product is properly listed on the directory.
Unannounced Inspections
The bill provides that each retail nicotine products dealer and wholesale nicotine products dealer is
subject to unannounced inspections or audit checks by the Division for purposes of enforcing
compliance with the certification process and the directory. The Division is required under the bill to
conduct unannounced follow-up compliance checks of all noncompliant retail nicotine products dealers
or wholesale nicotine products dealers within 30 days after a violation. The bill requires the Division to
publish the results of all inspections at least annually and make the results available to the public on
request.
Renew Certification
The bill gives the Division rule making authority to develop a procedure to allow nicotine products
manufacturers to renew certifications without having to resubmit all the information for the certification
process.
Maintenance and inspection of nicotine product records
The bill provides that each nicotine products manufacturer must keep for a period of 3 years, at the
address listed on the certification:
a complete and accurate record of the sales of each nicotine product sold or the amount of
nicotine products delivered to a wholesaler in Florida, and
to whom each nicotine product was sold on a wholesale basis, including the business name,
license number, shipping and business addresses, e-mail address, and telephone number for
the person or entity to which each product was sold. Such records may be kept in an electronic
or paper format.
The bill provides similar maintenance requirements for retail nicotine products dealers; wholesale
nicotine products dealers; wholesale dealers, and distributing agent. They must keep a record of the
amount of each nicotine product received, delivered, or sold in Florida and to whom each nicotine
product was sold or delivered or from whom they received each nicotine product, including the business
name, license number, shipping and business addresses, e-mail address, and telephone number for
the person or entity to which each product was sold or delivered or from which each product was
received. The records are allowed to kept in electronic or paper format.
Upon request by the Division, a nicotine products manufacturer, including a nicotine products
manufacturer selling nicotine products directly to consumers; a retail nicotine products dealer; a
wholesale nicotine products dealer; a wholesale dealer, and a distributing agent provide such records.
The bill provides that the Division is allowed to examine such records, issue subpoenas to such
persons or entities; administer oaths; and take depositions of witnesses within or outside of Florida. The
For each violation regarding maintenance and inspection of records, the Division may assess an
administrative fine of up to $1,000. The Division shall deposit all fines collected into the General
Revenue Fund. An order imposing an administrative fine becomes effective 15 days after the date of
the order.
Shipment of unregistered nicotine products into Florida
The bill prohibits a nicotine products manufacturer from distributing nicotine products in Florida which:
there is an FDA order requiring the nicotine products manufacturer to remove the product from
the market either temporarily or permanently;
has not submitted a premarket tobacco product application; or
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has not submitted the certification required for the nicotine product.
The bill states that a nicotine products manufacturer who knowingly distributes an unregistered nicotine
product, which is described above, commits a first degree misdemeanor. The Division may also impose
an administrative fine up to $5,000 for each violation. The Division shall deposit all fines collected into
the General Revenue Fund. An order imposing an administrative fine becomes effective 15 days after
the date of the order.
Wholesale nicotine products dealer
The bill creates a wholesale nicotine products dealer permit which is issued by the Division. The bill
language for a wholesale nicotine products dealer permits mirrors the requirements for a retail tobacco
dealer and a retail nicotine dealer. The bill provides that a wholesale dealer or a distributing agent is not
required to have a separate or additional wholesale nicotine products dealer permit to deal, at
wholesale, in nicotine products in Florida. Furthermore, the bill states that a wholesale dealer, a
distributing agent, or a tobacco products distributor, which deals, at wholesale, in nicotine products is
subject to, and must be in compliance with Chapter 569 regarding nicotine and tobacco.
The bill requires that wholesale nicotine products dealer may only purchase and sell nicotine products
contained on the directory created by the Division. The Division may suspend or revoke the permit of a
wholesale nicotine products dealer if the dealer fails to comply. The Division may also impose an
administrative fine up to $5,000 for each violation. The Division shall deposit all fines collected into the
General Revenue Fund. An order imposing an administrative fine becomes effective 15 days after the
date of the order.
The bill provides that the place or premises covered by a permit for a wholesale nicotine product dealer
is subject to inspection and search without a search warrant by the Division or its authorized assistants,
and by sheriffs, deputy sheriffs, or police officers, to determine compliance with requirements.
Retail nicotine products dealer
The bill provides that retail nicotine products dealer permits may be renewed each year. Under the bill,
a retail nicotine products dealer that does not timely renew its permit must pay a late fee of $5 for each
month or portion of a month occurring after expiration, and before renewal, of the dealer's permit. The
Division shall establish by rule a renewal procedure that, to the greatest extent feasible, combines the
application and permitting procedure for permits with the application and licensing system for alcoholic
beverages. The bill forbids the Division from granting an exemption from the permit fees for any
applicant.
The bill provides that on or after March 1, 2025, it is unlawful for a person, a firm, an association, or a
corporation to deal, at retail, in nicotine products that are not listed on the Division’s directory. Any
person who knowingly ships or receives such nicotine products commits a misdemeanor of the second
degree.
The bill provides that on or after January 1, 2025, it is unlawful for a retail nicotine products dealer to
purchase nicotine products from a wholesaler, manufacturer, or other source that is not a wholesale
nicotine products dealer permitholder, a wholesale dealer, a distributing agent, or a tobacco products
distributor. The bill states that any person who knowingly ships or receives nicotine products in violation
of this section commits a misdemeanor of the second degree. The Division may suspend or revoke a
retail nicotine products permit and may also assess an administrative fine of up to $1,000 for each
violation.
Seizure and destruction of contraband nicotine products
The bill declares all nicotine products sold in contravention of Chapter 569 to be contraband. The
contraband may be searched and seized per the Florida Contraband Forfeiture Act. The bill requires
that a Judge order the destruction and forfeiture of contraband nicotine products. The bill requires that
the Division document the place where the contraband was seized, the kind and quantities of
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DATE: 1/22/2024
contraband seized, the cost of destruction, the time, place, and manner of destruction, the chain of
custody of the contraband, and the cost of destruction.
B. SECTION DIRECTORY:
Section 1: amending s. 569.31, F.S., relating to definitions.
Section 2: creating s. 569.311, F.S., relating to nicotine directory.
Section 3: creating s. 569.312, F.S., relating to maintenance and inspection of nicotine product records.
Section 4: creating s. 569.313, F.S., relating to shipment of unregistered nicotine products.
Section 5: creating s. 569.316, relating to wholesale nicotine products dealer permits.
Section 6: creating s. 569.317, relating to wholesale nicotine products dealer permitholder and
administrative penalties.
Section 7: amending s. 569.32, F.S., relating to retail nicotine products dealer permits.
Section 8: amending s. 569.33, F.S., relating to consent to inspection and search without warrant.
Section 9: amending s. 569.34, F.S., relating to operating without a retail nicotine products dealer
permit.
Section 10: creating s. 569.345, F.S., relating to contraband nicotine products.
Section 11: amending s. 569.31, F.S., relating to definitions.
Section 12: providing effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. This may slightly increase revenues because wholesale nicotine dealers would have
to obtain a permit from DBPR.
2. Expenditures:
Indeterminate. There may be an increase in expenditures for DBPR to create a nicotine directory
and enforce the provisions of this bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Indeterminate.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Businesses that are distributing nicotine products and operating as manufacturers, retailers, or
wholesales will be penalized by fines or a criminal offense if they are distributing nicotine products
without being on the directory or without proper permitting.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
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DATE: 1/22/2024
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill empowers the Division to develop and maintain a directory listing all the certified nicotine
products and to develop a procedure to allow nicotine products manufacturers to renew certifications
without having to resubmit all the information for the certification process. The bill provides that the
Division must develop a form for the nicotine manufacturers to certify their businesses and nicotine
products.
C. DRAFTING ISSUES OR OTHER COMMENTS:
There are parts of the bill that have unclear language or misuse legal terms. The bill also uses the term
“certification” and “registration” interchangeably.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 1/22/2024
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 1007 2024
1 A bill to be entitled
2 An act relating to nicotine products; reordering and
3 amending s. 569.31, F.S.; revising and defining terms
4 for purposes of part II of ch. 569, F.S.; creating s.
5 569.311, F.S.; requiring nicotine products
6 manufacturers to execute and deliver a form, under
7 penalty of perjury, to the Division of Alcoholic
8 Beverages and Tobacco of the Department of Business
9 and Professional Regulation for each product sold
10 within this state which meets certain criteria;
11 specifying requirements for the form prescribed by the
12 division; requiring manufacturers to submit certain
13 additional materials when submitting the form to the
14 division; requiring a manufacturer to notify the
15 division of certain events; requiring the division to
16 develop and maintain a directory listing certified
17 nicotine products manufacturers and certified nicotine
18 products by a specified date; specifying requirements
19 for the directory; providing procedures and notice to
20 manufacturers for removal of the manufacturer or any
21 of its products from the directory; providing for
22 administrative review of action by the division
23 regarding the directory; requiring manufacturers to
24 take certain actions upon a product's removal from the
25 directory; providing penalties for certain violations
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26 by manufacturers; subjecting retail and wholesale
27 nicotine products dealers to inspections or audits to
28 ensure compliance; requiring the division to publish
29 findings of such inspections and audits and make them
30 available to the public; authorizing the division to
31 adopt certain procedures by rule; creating s. 569.312,
32 F.S.; requiring specified manufacturers and dealers of
33 nicotine products to maintain certain records for a
34 specified timeframe; requiring such manufacturers and
35 dealers to timely comply with division requests to
36 produce records; authorizing the division to examine
37 such records for specified purposes; providing for
38 enforcement; authorizing the division to assess
39 administrative fines for noncompliance and to deposit
40 them into the General Revenue Fund; creating s.
41 569.313, F.S.; prohibiting the sale, shipment, or
42 distributing of certain nicotine products into this
43 state; providing a criminal penalty; authorizing the
44 division to assess fines and deposit them into the
45 General Revenue Fund; creating s. 569.316, F.S.;
46 requiring persons or entities that seek to deal or
47 sell certain nicotine products or dispensing devices
48 to retail dealers to obtain a wholesale nicotine
49 products dealer permit; specifying requirements and
50 limitations regarding the issuance of such permits;
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51 specifying conditions under which the division may
52 refuse to issue a permit; providing requirements and
53 limitations for permitholders; providing construction;
54 creating s. 569.317, F.S.; requiring wholesale
55 nicotine products dealer permitholders to sell only
56 nicotine products listed in the division's directory;
57 authorizing the division to revoke or suspend a permit
58 if a violation is deemed to have occurred; authorizing
59 the division to assess administrative penalties for
60 violations and to deposit them into the General
61 Revenue Fund; amending s. 569.32, F.S.; requiring that
62 retail nicotine products dealer permits be issued
63 annually; providing procedures for the renewal of
64 permits; requiring the division to levy a delinquent
65 fee under certain circumstances; requiring the
66 division to adopt by rule a certain procedure for the
67 submittal of applications; prohibiting the division
68 from granting exemptions from permit fees; amending s.
69 569.33, F.S.; providing that holders of a wholesale
70 nicotine products dealer permit must consent to
71 certain inspections and searches without a warrant;
72 amending s. 569.34, F.S.; providing criminal penalties
73 for the unlawful sale or dealing of unlisted nicotine
74 products; providing criminal penalties for the
75 unauthorized purchase of certain nicotine products;
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76 authorizing the division to suspend or revoke a permit
77 of a permitholder upon sufficient cause of a violation
78 of part II of ch. 569, F.S.; authorizing the division
79 to assess an administrative penalty for violations and
80 deposit them into the General Revenue Fund; creating
81 s. 569.345, F.S.; providing for the seizure and
82 destruction of unlawful nicotine products in
83 accordance with the Florida Contraband Forfeiture Act;
84 requiring a court with jurisdiction to take certain
85 action; requiring the division to maintain certain
86 records; requiring that costs be borne by the person
87 who held the seized products; amending s. 569.002,
88 F.S.; conforming cross-references to changes made by
89 the act; providing an effective date.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
93 Section 1. Section 569.31, Florida Statutes, is reordered
94 and amended to read:
95 569.31 Definitions.—As used in this part, the term:
96 (2)(1) "Dealer" is synonymous with the term "retail
97 nicotine products dealer."
98 (3)(2) "Division" means the Division of Alcoholic
99 Beverages and Tobacco of the Department of Business and
100 Professional Regulation.
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101 (4) "FDA" means the United States Food and Drug
102 Administration.
103 (5)(3) "Nicotine dispensing device" means any product that
104 employs an electronic, chemical, or mechanical means to produce
105 vapor or aerosol from a nicotine product, including, but not
106 limited to, an electronic cigarette, electronic cigar,
107 electronic cigarillo, electronic pipe, or other similar device
108 or product, any replacement cartridge for such device, and any
109 other container of nicotine in a solution or other form intended
110 to be used with or within an electronic cigarette, electronic
111 cigar, electronic cigarillo, electronic pipe, or other similar
112 device or product.
113 (6)(4) "Nicotine product" means any product that contains
114 nicotine, including liquid nicotine, which is intended for human
115 consumption, whether inhaled, chewed, absorbed, dissolved, or
116 ingested by any means. The term also includes any nicotine
117 dispensing device. For purposes of this definition, each
118 individual stock keeping unit is considered a separate nicotine
119 product. The term does not include a:
120 (a) Tobacco product, as defined in s. 569.002;
121 (b) Product regulated as a drug or device by the United
122 States Food and Drug Administration under Chapter V of the
123 Federal Food, Drug, and Cosmetic Act; or
124 (c) Product that contains incidental nicotine.
125 (7) "Nicotine products manufacturer" means any person that
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126 manufactures nicotine products.
127 (8)(5) "Permit" is synonymous with the term "retail
128 nicotine products dealer permit."
129 (9)(6) "Retail nicotine products dealer" means the holder
130 of a retail nicotine products dealer permit.
131 (10)(7) "Retail nicotine products dealer permit" means a
132 permit issued by the division under s. 569.32.
133 (11)(8) "Self-service merchandising" means the open
134 display of nicotine products, whether packaged or otherwise, for
135 direct retail customer access and handling before purchase
136 without the intervention or assistance of the dealer or the
137 dealer's owner, employee, or agent. An open display of such
138 products and devices includes the use of an open display unit.
139 (12) "Wholesale nicotine products dealer" means the holder
140 of a wholesale nicotine products dealer permit who purchases
141 nicotine dispensing devices or nicotine products from any
142 nicotine products manufacturer.
143 (13) "Wholesale nicotine products dealer permit" means a
144 permit issued by the division under s. 569.316.
145 (1)(9) "Any person under the age of 21" does not include
146 any person under the age of 21 who:
147 (a) Is in the military reserve or on active duty in the
148 Armed Forces of the United States; or
149 (b) Is acting in his or her scope of lawful employment.
150 Section 2. Section 569.311, Florida Statutes, is created
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151 to read:
152 569.311 Nicotine product directory.—
153 (1) Every nicotine products manufacturer that sells
154 nicotine products in this state shall execute and deliver a
155 form, prescribed by the division, under penalty of perjury for
156 each nicotine product sold that meets either of the following
157 criteria:
158 (a) A nicotine product which contains nicotine derived
159 from a tobacco source and was on the market in the United States
160 as of August 8, 2016, and the manufacturer has applied for a
161 marketing order pursuant to 21 U.S.C. s. 387j for the nicotine
162 product by submitting a premarket tobacco product application on
163 or before September 9, 2020, to the FDA, or the nicotine product
164 contains nicotine derived from a non-tobacco source and was on
165 the market in the United States as of April 14, 2022, and the
166 manufacturer has applied for a marketing order pursuant to 21
167 U.S.C. s. 387j for the nicotine product containing nicotine
168 derived from a non-tobacco source by submitting a premarket
169 tobacco product application on or before May 14, 2022, and:
170 1. The premarket tobacco product application for the
171 nicotine product remains under review by the FDA, and neither a
172 marketing authorization nor a marketing denial order has been
173 issued; or
174 2. The FDA issued a marketing denial order for the
175 nicotine product, but the FDA or a federal court issued a stay
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176 or an injunction during the pendency of the manufacturer's
177 appeal of the marketing denial order or either the order has
178 been appealed to the FDA or a challenge to the order has been
179 filed with a federal court and the appeal or challenge is still
180 pending.
181 (b) The nicotine products manufacturer has received a
182 marketing authorization or other authorization under 21 U.S.C.
183 s. 387j for the nicotine product from the FDA.
184 (2) The form prescribed by the division pursuant to
185 subsection (1) must require each nicotine products manufacturer
186 to set forth the name under which the nicotine products
187 manufacturer transacts or intends to transact business, the
188 address of the location of the nicotine products manufacturer's
189 principal place of business, the nicotine products
190 manufacturer's e-mail address, and any other information the
191 division requires. The division may allow a nicotine products
192 manufacturer to group its nicotine products on its
193 certification.
194 (3) In addition to completing the form prescribed by the
195 division pursuant to subsection (1), each nicotine products
196 manufacturer shall provide a copy of the cover page of the
197 premarket tobacco application with evidence of the receipt of
198 the application by the FDA, or a copy of the cover page of the
199 marketing authorization or other authorization issued pursuant
200 to 21 U.S.C. s. 387j, whichever is applicable.
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201 (4) Any nicotine products manufacturer submitting a
202 certification pursuant to subsection (1) shall notify the
203 division within 30 days after any material change to the
204 certification, including, but not limited to, issuance by the
205 FDA of any of the following:
206 (a) A market authorization or authorization pursuant to 21
207 U.S.C. s. 387j;
208 (b) An order requiring a nicotine products manufacturer to
209 remove a product from the market either temporarily or
210 permanently;
211 (c) Any notice of action taken by the FDA affecting the
212 ability of the nicotine product to be introduced or delivered in
213 this state for commercial distribution;
214 (d) Any change in policy which results in a nicotine
215 product no longer being exempt from federal enforcement
216 oversight; or
217 (e) Any other change deemed material by the division
218 pursuant to a rule of the division.
219 (5) The division shall develop and maintain a directory
220 listing all nicotine products manufacturers and the nicotine
221 products certified with the division which comply with this
222 section. The division shall make the directory available January
223 1, 2025, on its or the Department of Business and Professional
224 Regulation's website. The division shall update the directory as
225 necessary.
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226 (6) The division shall provide a nicotine products
227 manufacturer notice and an opportunity to cure deficiencies
228 before removing the manufacturer or its nicotine product from
229 the directory.
230 (a) The division may not remove the nicotine products
231 manufacturer or its nicotine product from the directory until at
232 least 15 days after the nicotine products manufacturer has been
233 given notice of an intended action. Notice is sufficient and
234 deemed immediately received by a nicotine products manufacturer
235 if the notice is sent either electronically or by facsimile to
236 an e-mail address or facsimile number provided by the nicotine
237 products manufacturer in its most recent certification filed
238 under subsection (1).
239 (b) The nicotine products manufacturer has 15 days from
240 the date of service of the notice of the division's intended
241 action to establish that the nicotine products manufacturer or
242 its nicotine product should be included in the directory.
243 (c) A determination by the division not to include or to
244 remove from the directory a nicotine products manufacturer or
245 nicotine product is subject to review under chapter 120. If a
246 nicotine products manufacturer seeks review of removal from the
247 directory, the division must keep the nicotine product on the
248 directory until conclusion of the hearing.
249 (d) If a nicotine product is removed from the directory,
250 each retailer and wholesaler has 21 days from the day such
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251 product is removed from the directory to remove the product from
252 its inventory and return the product to the manufacturer. Each
253 nicotine products manufacturer shall provide to the division
254 information regarding the return of such product and how the
255 returned product was disposed of within 21 days after receipt.
256 After 21 days following removal from the directory, the product
257 identified in the notice of removal is contraband and subject to
258 s. 569.345.
259 (7) Beginning March 1, 2025, or on the date that the
260 division first makes the directory available for public
261 inspection on its or the Department of Business and Professional
262 Regulation's website, whichever is later, a nicotine products
263 manufacturer that offers for sale a nicotine product not listed
264 on the directory is subject to a fine of $1,000 per day for each
265 nicotine product offered for sale in violation of this section
266 until the offending product is removed from the market or until
267 the offending product is properly listed on the directory.
268 (8) A nicotine products manufacturer that falsely
269 represents any of the information required by subsection (1) or
270 subsection (2) commits a felony of the third degree for each
271 false representation, punishable as provided in s. 775.082 or s.
272 775.083.
273 (9) Each retail nicotine products dealer and wholesale
274 nicotine products dealer is subject to unannounced inspections
275 or audit checks by the division for purposes of enforcing this
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276 section. The division shall conduct unannounced follow-up
277 compliance checks of all noncompliant retail nicotine products
278 dealers or wholesale nicotine products dealers within 30 days
279 after any violation of this section. The division shall publish
280 the results of all inspections or audits at least annually and
281 shall make the results available to the public on request.
282 (10) The division may establish by rule a procedure to
283 allow nicotine products manufacturers to renew certifications
284 without having to resubmit all the information required by this
285 section.
286 Section 3. Section 569.312, Florida Statutes, is created
287 to read:
288 569.312 Maintenance and inspection of nicotine product
289 records.—
290 (1) Each nicotine products manufacturer shall maintain and
291 keep for a period of 3 years, at the address listed on the
292 certification required pursuant to s. 569.311, a complete and
293 accurate record of the amount of each nicotine product sold or
294 delivered to a wholesaler in this state and to whom each
295 nicotine product was sold on a wholesale basis, including the
296 business name, license number, shipping and business addresses,
297 e-mail address, and telephone number for the person or entity to
298 which each product was sold. Such records may be kept in an
299 electronic or paper format.
300 (2) Each retail nicotine products dealer; wholesale
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301 nicotine products dealer; wholesale dealer, as defined in s.
302 210.01(6); and distributing agent, as defined in s. 210.01(14),
303 shall maintain and keep for a period of 3 years at its principal
304 place of business a complete and accurate record of the amount
305 of each nicotine product received, delivered, or sold in this
306 state and to whom each nicotine product was sold or delivered or
307 from whom they received each nicotine product, including the
308 business name, license number, shipping and business add resses,
309 e-mail address, and telephone number for the person or entity to
310 which each product was sold or delivered or from which each
311 product was received. Such records may be kept in an electronic
312 or paper format.
313 (3) Nicotine products manufacturers; retail nicotine
314 products dealers; wholesale nicotine products dealers; wholesale
315 dealers, as defined in s. 210.01(6); and distributing agents, as
316 defined in s. 210.01(14), who sell or deliver nicotine products
317 directly to consumers are not required to keep and maintain the
318 name, address, e-mail address, and telephone number of consumers
319 who purchase or receive nicotine products.
320 (4) Upon request by the division, a nicotine products
321 manufacturer, including a nicotine products manufacturer selling
322 nicotine products directly to consumers; a retail nicotine
323 products dealer; a wholesale nicotine products dealer; a
324 wholesale dealer, as defined in s. 210.01(6); and a distributing
325 agent, as defined in s. 210.01(14), shall timely provide to the
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326 division or its duly authorized representative copies of records
327 related to the nicotine products received, delivered, or sold in
328 this state and to whom those nicotine products were sold or
329 delivered or from whom they were received.
330 (5) The division, or a designated employee thereof, may
331 examine the records required to be maintained by each nicotine
332 products manufacturer, retail nicotine products dealer,
333 wholesale nicotine products dealer, wholesale dealer, as defined
334 in s. 210.01(6), and distributing agent, as defined in s.
335 210.01(14); issue subpoenas to such persons or entities;
336 administer oaths; and take depositions of witnesses within or
337 outside of this state. The civil law of this state regarding
338 enforcing obedience to a subpoena lawfully issued by a judge or
339 other person duly authorized to issue subpoenas under the laws
340 of this state in civil cases applies to a subpoena issued by the
341 division, or any designated employee thereof. The subpoena may
342 be enforced by writ of attachment issued by the division, or any
343 designated employee, for such witness to compel him or her to
344 attend before the division, or any designated employee, and give
345 his or her testimony and to bring and produce such records as
346 may be required for examination. The division, or any designated
347 employee, may bring an action against a witness who refuses to
348 appear or give testimony by citation before the circuit court
349 which shall punish such witness for contempt as in cases of
350 refusal to obey the orders and process of the circuit court. The
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351 division may in such cases pay such attendance and mileage fees
352 as are permitted to be paid to witnesses in civil cases
353 appearing before the circuit court.
354 (6) The division may assess an administrative fine of up
355 to $1,000 for each violation of this section. The division shal l
356 deposit all fines collected into the General Revenue Fund. An
357 order imposing an administrative fine becomes effective 15 days
358 after the date of the order.
359 Section 4. Section 569.313, Florida Statutes, is created
360 to read:
361 569.313 Shipment of unregistered nicotine products into
362 this state.—
363 (1) A nicotine products manufacturer may not sell, ship,
364 or otherwise distribute a nicotine product in this state for
365 which:
366 (a) The FDA has entered an order requiring the nicotine
367 products manufacturer to remove the product from the market
368 either temporarily or permanently, which order has not been
369 stayed by the FDA or a court of competent jurisdiction;
370 (b) The nicotine products manufacturer has not submitted a
371 premarket tobacco product application; or
372 (c) The nicotine products manufacturer has not submitted
373 the certification required under this chapter for the nicotine
374 product.
375 (2) Any person who knowingly ships or receives nicotine
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376 products in violation of this section commits a misdemeanor of
377 the first degree, punishable as provided in s. 775.082 or s.
378 775.083.
379 (3) The division may also assess an administrative fine of
380 up to $5,000 for each violation. The division shall deposit all
381 fines collected into the General Revenue Fund. An order imposing
382 an administrative fine becomes effective 15 days after the date
383 of the order.
384 Section 5. Section 569.316, Florida Statutes, is created
385 to read:
386 569.316 Wholesale nicotine products dealer permits;
387 application; qualifications; renewal; duplicates.—
388 (1)(a) Each person, firm, association, or corporation that
389 seeks to deal, at wholesale, in nicotine products within this
390 state, or to sell nicotine products or nicotine dispensing
391 devices to any retail nicotine products dealer, must obtain a
392 wholesale nicotine products dealer permit for each place of
393 business or premises at which nicotine products are sold.
394 (b) Application for a wholesale nicotine products dealer
395 permit must be made on a form furnished by the division and must
396 set forth the name under which the applicant transacts or
397 intends to transact business, the address of the location of the
398 applicant's place of business, the applicant's e-mail address,
399 and any other information the division requires. If the
400 applicant has or intends to have more than one place of business
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401 dealing in nicotine products, a separate application must be
402 made for each place of business. If the applicant is a firm or
403 an association, the application must set forth the names, e-mail
404 addresses, and addresses of the persons constitutin g the firm or
405 association. If the applicant is a corporation, the application
406 must set forth the names, e-mail addresses, and addresses of the
407 principal officers of the corporation. The application must also
408 set forth any other information prescribed by the division for
409 the purpose of identifying the applicant firm, association, or
410 corporation. The application must be signed and verified by oath
411 or affirmation by the owner, if a sole proprietor; or, if the
412 owner is a firm, association, or partnership, by th e members or
413 partners thereof; or, if the owner is a corporation, by an
414 executive officer of the corporation or by a person authorized
415 by the corporation to sign the application, together with the
416 written evidence of this authority.
417 (2)(a) Wholesale nicotine products dealer permits may be
418 issued only to persons who are 21 years of age or older or to
419 corporations the officers of which are 21 years of age or older.
420 (b) The division may refuse to issue a wholesale nicotine
421 products dealer permit to any person, firm, association, or
422 corporation whose permit has been revoked; to any corporation an
423 officer of which has had such permit revoked; or to any person
424 who is or has been an officer of a corporation whose permit has
425 been revoked. The division must revoke any wholesale nicotine
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426 products dealer permit issued to a firm, an association, or a
427 corporation prohibited from obtaining such permit under this
428 chapter.
429 (3) Upon approval of an application for a wholesale
430 nicotine products dealer permit, the division shall issue to the
431 applicant a wholesale nicotine products dealer permit for the
432 place of business or premises specified in the application. A
433 wholesale nicotine products dealer permit is not assignable and
434 is valid only for the person in whose name the wholesale
435 nicotine products dealer permit is issued and for the place
436 designated in the wholesale nicotine products dealer permit. The
437 wholesale nicotine products dealer permit must be conspicuously
438 displayed at all times at the place for which it is issued .
439 (4) A wholesale dealer, as defined in s. 210.01(6), or a
440 distributing agent, as defined in s. 210.01(14), is not required
441 to have a separate or additional wholesale nicotine products
442 dealer permit to deal, at wholesale, in nicotine products within
443 this state. A wholesale dealer, as defined in s. 210.01(6), a
444 distributing agent, as defined in s. 210.01(14), or a tobacco
445 products distributor, as defined in s. 210.25(5), which deals,
446 at wholesale, in nicotine products is subject to, and must be in
447 compliance with, this chapter.
448 Section 6. Section 569.317, Florida Statutes, is created
449 to read:
450 569.317 Wholesale nicotine products dealer permitholder;
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451 administrative penalties.—A wholesale nicotine products dealer
452 permitholder may only purchase and sell nicotine products
453 contained on the directory created by the division pursuant to
454 s. 569.311. The division may suspend or revoke the wholesale
455 nicotine products dealer permit of a wholesale nicotine products
456 dealer permitholder upon sufficient cause appearing of a
457 violation of this part by a wholesale nicotine products dealer
458 permitholder or its agent or employee. The division may also
459 assess an administrative fine of up to $5,000 for each
460 violation. The division shall deposit all fines collected into
461 the General Revenue Fund. An order imposing an administrative
462 fine becomes effective 15 days after the date of the order. The
463 division may suspend the imposition of a penalty against a
464 wholesale nicotine products dealer permitholder, conditioned
465 upon compliance with terms the division considers appropriate.
466 Section 7. Section 569.32, Florida Statutes, is amended to
467 read:
468 569.32 Retail nicotine products dealer permits;
469 application; qualifications; renewal; duplicates.—
470 (1)(a) Each person, firm, association, or corporation that
471 seeks to deal, at retail, in nicotine products within this the
472 state, or to allow a nicotine products vending machine to be
473 located on its premises in this the state, must obtain a retail
474 nicotine products dealer permit for each place of business or
475 premises at which nicotine products are sold. Each dealer
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476 owning, leasing, furnishing, or operating vending machines
477 through which nicotine products are sold must obtain a permit
478 for each machine and shall post the permit in a conspicuous
479 place on or near the machine; however, if the dealer has more
480 than one vending machine at a single location or if nicotine
481 products are sold both over the counter and through a vending
482 machine at a single location, the dealer need obtain only one
483 permit for that location.
484 (b) Application for a permit must be made on a form
485 furnished by the division and must set forth the name under
486 which the applicant transacts or intends to transact business,
487 the address of the location of the applicant's place of busines s
488 within this the state, and any other information the division
489 requires. If the applicant has or intends to have more than one
490 place of business dealing in nicotine products within this the
491 state, a separate application must be made for each place of
492 business. If the applicant is a firm or an association, the
493 application must set forth the names and addresses of the
494 persons constituting the firm or association; if the applicant
495 is a corporation, the application must set forth the names and
496 addresses of the principal officers of the corporation. The
497 application must also set forth any other information prescribed
498 by the division for the purpose of identifying the applicant
499 firm, association, or corporation. The application must be
500 signed and verified by oath or affirmation by the owner, if a
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501 sole proprietor; or, if the owner is a firm, association, or
502 partnership, by the members or partners thereof; or, if the
503 owner is a corporation, by an executive officer of the
504 corporation or by a person authorized by the corporation to sign
505 the application, together with the written evidence of this
506 authority.
507 (c) Permits must be issued annually.
508 (d) The holder of a permit may renew the permit each year.
509 A dealer that does not timely renew its permit must pay a late
510 fee of $5 for each month or portion of a month occurring after
511 expiration, and before renewal, of the dealer's permit. The
512 division shall establish by rule a renewal procedure that, to
513 the greatest extent feasible, combines the application and
514 permitting procedure for permits with the application and
515 licensing system for alcoholic beverages.
516 (e) The division may not grant an exemption from the
517 permit fees prescribed in this subsection for any applicant.
518 (2)(a) Permits may be issued only to persons who are 21
519 years of age or older or to corporations the officers of which
520 are 21 years of age or older.
521 (b) The division may refuse to issue a permit to any
522 person, firm, association, or corporation the permit of which
523 has been revoked; to any corporation an officer of which has had
524 his or her permit revoked; or to any person who is or has been
525 an officer of a corporation the permit of which has been
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526 revoked. Any permit issued to a firm, an association, or a
527 corporation prohibited from obtaining a permit under this
528 chapter must shall be revoked by the division.
529 (3) Upon approval of an application for a permit, the
530 division shall issue to the applicant a permit for the place of
531 business or premises specified in the application. A permit is
532 not assignable and is valid only for the person in whose name
533 the permit is issued and for the place designated in the permit.
534 The permit must shall be conspicuously displayed at all times at
535 the place for which issued.
536 Section 8. Section 569.33, Florida Statutes, is amended to
537 read:
538 569.33 Consent to inspection and search without warrant.—
539 An applicant for a retail nicotine products dealer permit or a
540 wholesale nicotine products dealer permit, by accepting the
541 permit when issued, agrees that the place or premises covered by
542 the permit is subject to inspection and search without a search
543 warrant by the division or its authorized assistants, and by
544 sheriffs, deputy sheriffs, or police officers, to determine
545 compliance with this part.
546 Section 9. Section 569.34, Florida Statutes, is amended to
547 read:
548 569.34 Operating without a retail nicotine products dealer
549 permit; penalty.—
550 (1) It is unlawful for a person, a firm, an association,
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551 or a corporation to deal, at retail, in nicotine products, in
552 any manner, or to allow a nicotine products vending machine to
553 be located on its premises, without having a retail nicotine
554 product dealer permit as required by s. 569.32. A person who
555 violates this subsection section commits a noncriminal
556 violation, punishable by a fine of not more than $500.
557 (2) A retail tobacco products dealer, as defined in s.
558 569.002(4), is not required to have a separate or additional
559 retail nicotine products dealer permit to deal, at retail, in
560 nicotine products within this the state, or allow a nicotine
561 products vending machine to be located on its premises in this
562 the state. Any retail tobacco products dealer that deals, at
563 retail, in nicotine products or allows a nicotine products
564 vending machine to be located on its premises in this the state,
565 is subject to, and must be in compliance with, this part.
566 (3) Any person who violates subsection (1) must this
567 section shall be cited for such infraction and must shall be
568 cited to appear before the county court. The citation may
569 indicate the time, date, and location of the scheduled hearing
570 and must indicate that the penalty for a noncriminal violation
571 is a fine of not more than $500.
572 (a) A person cited for a violation of subsection (1) for
573 an infraction under this section may:
574 1. Post a $500 bond; or
575 2. Sign and accept the citation indicating a promise to
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576 appear.
577 (b) A person cited for violating this section may:
578 1. Pay the fine, either by mail or in person, within 10
579 days after receiving the citation; or
580 2. If the person has posted bond, forfeit the bond by not
581 appearing at the scheduled hearing.
582 (c) If the person pays the fine or forfeits bond, the
583 person is deemed to have admitted violating this section and to
584 have waived the right to a hearing on the issue of commission of
585 the violation. Such admission may not be used as evidence in any
586 other proceeding.
587 (d) The court, after a hearing, shall make a determination
588 as to whether an infraction has been committed. If the
589 commission of an infraction has been proven beyond a reasonable
590 doubt, the court may impose a civil penalty in an amount that
591 may not exceed $500.
592 (e) If a person is found by the court to have committed
593 the infraction, that person may appeal that finding to the
594 circuit court.
595 (4) On or after March 1, 2025, it is unlawful for a
596 person, a firm, an association, or a corporation to deal, at
597 retail, in nicotine products that are not listed on the
598 directory created pursuant to s. 569.311. Any person who
599 knowingly ships or receives nicotine products in violation of
600 this section commits a misdemeanor of the second degree,
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601 punishable as provided in s. 775.082 or s. 775.083.
602 (5) On or after January 1, 2025, it is unlawful for a
603 retail nicotine products dealer, other than a nicotine products
604 manufacturer that also is permitted as a retail nicotine
605 products dealer and is selling its own products directly to
606 consumers, to buy nicotine products from a wholesaler,
607 manufacturer, or other source that is not a wholesale nicotine
608 products dealer permitholder, a wholesale dealer, as defined in
609 s. 210.01(6), a distributing agent, as defined in s. 210.01(14),
610 or a tobacco products distributor, as defined in s. 210.25(5).
611 Any person who knowingly ships or receives nicotine products in
612 violation of this section commits a misdemeanor of the second
613 degree, punishable as provided in s. 775.082 or s. 775.083.
614 (6) The division may suspend or revoke the permit of a
615 retail nicotine products dealer permitholder, upon sufficient
616 cause appearing of a violation of this part by a retail nicotine
617 products dealer permitholder, or its agent or employee. The
618 division may also assess an administrative fine of up to $1,000
619 for each violation. The division shall deposit all fines
620 collected into the General Revenue Fund. An order imposing an
621 administrative fine becomes effective 15 days after the date of
622 the order.
623 Section 10. Section 569.345, Florida Statutes, is created
624 to read:
625 569.345 Seizure and destruction of contraband nicotine
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626 products.—All nicotine products sold, delivered, possessed, or
627 distributed contrary to any provisions of this chapter are
628 declared to be contraband, are subject to seizure and
629 confiscation under the Florida Contraband Forfeiture Act by any
630 person whose duty it is to enforce the provisions of this
631 chapter, and must be disposed of as follows:
632 (1) A court having jurisdiction shall order such nicotine
633 products forfeited and destroyed. A record of the place where
634 such nicotine products and any accompanying nicotine dispensing
635 devices were seized, the kinds and quantities of nicotine
636 products and accompanying nicotine dispensing devices destroyed,
637 and the time, place, and manner of destruction must be kept, and
638 a return under oath reporting the destruction must be made to
639 the court by the officer who destroys them.
640 (2) The division shall keep a full and complete record of
641 all nicotine products and nicotine dispensing devices showing:
642 (a) The exact kinds, quantities, and forms of such
643 nicotine products or nicotine dispensing devices;
644 (b) The persons from whom they were received and to who m
645 they were delivered;
646 (c) By whose authority they were received, delivered, and
647 destroyed; and
648 (d) The dates of the receipt, disposal, or destruction,
649 which record must be open to inspection by all persons charged
650 with the enforcement of tobacco and nicotine product laws.
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651 (3) The cost of seizure, confiscation, and destruction of
652 contraband nicotine products is borne by the person from whom
653 such products are seized.
654 Section 11. Subsections (3) and (4) of section 569.002,
655 Florida Statutes, are amended to read:
656 569.002 Definitions.—As used in this part, the term:
657 (3) "Nicotine product" has the same meaning as provided in
658 s. 569.31 s. 569.31(4).
659 (4) "Nicotine dispensing device" has the same meaning as
660 provided in s. 569.31 s. 569.31(3).
661 Section 12. This act shall take effect October 1, 2024.
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HB 1053
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1053 Location of Medical Marijuana Centers, Retail Vape Shops, and On-premises
Consumption of Alcohol
SPONSOR(S): Amesty
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Health & Human Services Committee
3) Commerce Committee
SUMMARY ANALYSIS
According to the Centers for Disease Control and Prevention (CDC), the use of e-cigarettes (vapes) is unsafe
for kids, teens, and young adults. Most vapes contain nicotine, and nicotine is highly addictive and can harm
adolescent brain development. Young people who use vapes may be more likely to smoke cigarettes in the
future, and research has found that vapes are significantly easier for underage youth to purchase than
cigarettes. Other states have addressed this issue by limiting the distance of vape stores to schools. Florida
does not do this for vape stores. However, Florida does limit the distance of certain activities and businesses
from schools, as follows:
The Florida Clean Indoor Air Act prohibits any person under the age of 21 from smoking tobacco or
vaping within 1,000 feet of real property comprising a public or private elementary, middle, or
secondary school between the hours of 6 a.m. and midnight.
The Medical Marijuana Treatment Center (MMTC) law prohibits MMTC cultivating, processing, or
dispensing facilities from being located within 500 feet of the real property that comprises a public or
private elementary school, middle school, or secondary school, unless the county or municipality
approves such MMTC dispensing locations as promoting the public health, safety, and general welfare
of the community.
The Florida Beverage law prohibits businesses licensed for on-premises consumption of alcoholic
beverages from being located within 500 feet of the real property that comprises a public or private
elementary school, middle school, or secondary school, unless the county or municipality approves the
location as promoting the public health, safety, and general welfare of the community.
The bill, effective July 1, 2024, prohibits the following retail shops or facilities from being located within 1,500
feet of the real property that comprises a religious institution or a public or private day care facility, elementary
school, middle school, or secondary school, or postsecondary school:
A new MMTC cultivating, processing, or dispensing facility.
A new retail vape shop.
A new location for on-premises consumption of alcoholic beverages.
The bill does not appear to have a fiscal impact on state or local government. The bill may reduce the number
of youth who use nicotine products and thereby improve public health and safety and related public and private
sector costs.
The effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1053.RRS
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Youth Access to Vaping Products
E-cigarettes (vaping products) have been found to be significantly easier for underage youth to
purchase than cigarettes. Underage purchase attempts of vaping products are 35 percent less likely to
trigger an ID request and 42 percent more likely to result in a sales violation, compared to purchase
attempts for cigarettes.1 In 2023, over half (54.7 percent) of 10th grade students reported that it would
be easy for them to get vaping devices.2
For youth who purchase their own e-cigarettes, gas stations, convenience stores and vape shops are
the most common sources for illegal sales to minors. According to the 2021 National Youth Tobacco
Survey (NYTS), 22.2 percent of high school e-cigarette users reported obtaining e-cigarettes from a
vape shop or tobacco shop in the past month and 17.7 percent from a gas station or convenience
store.3 A study in the Journal of the American Medical Association (JAMA) Pediatrics found that in
California, e-cigarette sales to minors violations are significantly higher in tobacco and vape shops than
any other type of retailer, with 44.7 percent selling to underage buyers. 4
An assessment of vape shops in six cities across the US found that one-third of vape shops were within
two blocks of schools.5 However, e-cigarettes are widely available in other retailers, including
convenience stores. Stanford researchers found that in 30 large U.S. cities on average approximately: 6
62 percent of public schools are within 1,000 feet (about 2 city blocks) of a tobacco retailer.
70 percent of city residents live within a half mile (about a 10 minute walk) from a tobacco
retailer.
A study in New Jersey found that e-cigarette retailer density around schools was positively associated
with ever and past-month use of e-cigarettes.7
Research has also shown that tobacco retailer density and marketing is higher in minority and low
income neighborhoods. Stanford researchers recently found that in 30 large U.S. cities, there are on
average nearly five times more tobacco retailers per square mile in the lowest-income neighborhoods
than in the highest-income neighborhoods.8
1 Campaign for Tobacco-Free Kids, Youth Access and Exposure to E-cigarettes at the Point of Sale,
https://assets.tobaccofreekids.org/factsheets/0412.pdf (last visited Jan. 17, 2024).
2 University of Michigan, 2023 Monitoring the Future Study, Trends in Availability of Drugs as Perceived by 10th Graders,
https://monitoringthefuture.org/wp-content/uploads/2023/12/mtf2023table8.pdf (last visited Jan. 17, 2024).
3 Centers for Disease Control and Prevention, Tobacco Product Use and Associated Factors Among Middle and High School
Students—National Youth Tobacco Survey, United States, 2021 , (Mar. 11, 2022),
https://www.cdc.gov/mmwr/volumes/71/ss/pdfs/ss7105a1-H.pdf (last visited Jan. 17, 2024).
4 The Journal of the American Medical Association (JAMA) Pediatrics, Assessment of Underage Sales Violations in Tobacco Stores
and Vape Shops, https://jamanetwork.com/journals/jamapediatrics/article-abstract/2735684 (last visited Jan. 17, 2024).
5 Berg, C, et al., “Exploring the Point-of-Sale Among Vape Shops Across the United States: Audits Integrating a Mystery Shopper
Approach,” Nicotine & Tobacco Research, published online February 28, 2020.
6 Advancing Science & Policy in the Retail Environment (ASPiRE) Center, Retail Tobacco Density & Access (Aug. 2020),
http://aspirecenter.org/wp-content/uploads/2020/08/ASPiRE_RetailTobaccoDensityandAccess_ExecSumm.pdf (last visited Jan. 17,
2024).
7 Giovenco, DP, et al., “Association Between Electronic Cigarette Marketing Near Schools and E-Cigarette Use Among Youth,”
Journal of Adolescent Health 59(6):627-634, 2016.
8 Campaign for Tobacco-Free Kids, Youth Access and Exposure to E-cigarettes at the Point of Sale,
https://assets.tobaccofreekids.org/factsheets/0412.pdf (last visited Jan. 17, 2024).
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Research shows that making the obtaining of tobacco and nicotine products as inconvenient, difficult
and expensive as possible for kids reduces the number of kids who try or regularly use such products.9
Medical Marijuana Treatment Centers
Art. X, Sec. 29 of the Florida Constitution establishes Florida’s Medical Marijuana Use Program. The
law implementing these provisions 10 authorizes patients with any of the following debilitating medical
conditions to obtain medical marijuana from Medical Marijuana Treatment Centers (MMTC): 11
Cancer.
Epilepsy.
Glaucoma.
Positive status for human immunodeficiency virus.
Acquired immune deficiency syndrome.
Post-traumatic stress disorder.
Amyotrophic lateral sclerosis.
Crohn’s disease.
Parkinson’s disease.
Multiple sclerosis.
Medical conditions of the same kind or class as or comparable to those enumerated above.
To obtain marijuana for medical use from a MMTC, and maintain the immunity from criminal
prosecution, the patient must obtain a physician certification from a qualified physician 12 and an
identification card from the Department of Health (DOH).
A MMTC is defined in the Florida Constitution as:13
…an entity that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to qualifying
patients or their caregivers and is registered by the Department.
DOH is required to license MMTCs to ensure reasonable statewide accessibility and availability as
necessary for qualified patients registered in the medical marijuana use registry and who are issued a
physician certification.14
According to DOH’s Office of Medical Marijuana Use, licensed MMTCs are vertically integrated and are
the only businesses in Florida authorized to dispense medical marijuana and low-THC cannabis to
qualified patients and caregivers. Each MMTC is required to receive authorization at the following three
stages prior to dispensing low-THC cannabis or medical marijuana:15
Cultivation;
Processing; and
Dispensing.
9 Id.
10 S. 381.986, F.S.
11 S. 381.986(2), F.S.
12 To certify patients for medical use of marijuana, a physician must hold an active, unrestricted license as an allopathic phys ician
under chapter 458 or as an osteopathic physician under chapter 459 and comply with certain physician education requirements. See ss.
381.986(1)(m), F.S. and 381.986(3)(a), F.S.
13 Art. X, s. 29, Fla. Const.
14 S. 381.986(8)(a), F.S.
15 Florida Department of Health, Office of Medical Marijuana Use, About Medical Marijuana in Florida,
https://knowthefactsmmj.com/resources/ (last visited Jan. 17, 2024).
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DOH is authorized to impose reasonable fines up to $10,000 on a MMTC for violations of the MMTC
law or DOH rule,16 and may suspend, revoke, or refuse to renew a MMTC license for such violations.17
Age Restrictions
Florida law does not restrict access to the Medical Marijuana Use Program based on age. However,
Florida law has specific requirements for the medical use of marijuana by minors. These requirements
include:
A qualified physician must determine that the medical use of marijuana would likely outweigh
the potential health risks for all patients. If the patient is younger than 18 years of age, a second
physician must concur with this determination and such concurrence must be documented in
the patient’s medical record.18
A qualified physician may not issue a physician certification for marijuana in a form for smoking
to a patient under 18 years of age unless the patient is diagnosed with a terminal condition, the
qualified physician determines that smoking is the most effective route of administration for the
patient, and a second physician who is a board-certified pediatrician concurs with such
determination. Such determination and concurrence must be documented in the patient’s
medical record and in the medical marijuana use registry. 19
The parent or legal guardian of a qualified minor patient must provide the OMMU with written
consent for the patient to use medical marijuana. The patient’s qualified physician must submit
the parent’s/guardian’s Consent for Minor Patient (CMP) form to the OMMU prior to the minor
patient beginning an MMUR ID Card application. 20
Qualified patients who are under the age of 18 must designate a caregiver in the qualified
patient’s application and in the Medical Marijuana Use Registry. 21
If a qualified patient is younger than 18 years of age, only a caregiver may purchase or
administer medical marijuana for the qualified patient. Patients who are minors may not
purchase marijuana.22
Distance From Schools
The regulation of the cultivation, processing, and delivery of marijuana by MMTCs is preempted to the
state, except local governments are authorized to restrict the distance of certain MMTC facilities from
schools as follows:
MMTC cultivating or processing facilities are prohibited from being located within 500 feet of
the real property that comprises a public or private elementary school, middle school, or
secondary school.23
MMTC dispensing facilities are prohibited from being located within 500 feet of the real
property that comprises a public or private elementary school, middle school, or secondary
school.
o However; the county or municipality is authorized to approve such MMTC dispensing
locations through a formal proceeding open to the public at which the county or
municipality determines that the location promotes the public health, safety, and general
welfare of the community.24
A county or municipality may, by ordinance, ban MMTC dispensing facilities from being located within
the boundaries of that county or municipality.25
16 S. 381.986(10(f), F.S.
17 S. 381.986(10(g), F.S.
18 S. 381.986(4)(a)3., F.S.
19 S. 381.986(4)(d), F.S.
20 S. 381.986(7)(b), F.S.
21 S. 381.986(6), F.S.
22 S. 381.986(6)(f), F.S.
23 S. 381.986(11)(a), F.S.
24 S. 381.986(11)(c), F.S.
25 S. 381.986(11)(b )1., F.S.
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If a county or municipality does not ban dispensing facilities under this provision, it may not place
specific limits, by ordinance, on the number of dispensing facilities that may locate within that county
or municipality.26
Counties and municipalities are authorized to determine by ordinance the criteria for the location of,
and other permitting requirements that do not conflict with state law or DOH rule for, MMTC
dispensing facilities located within their boundaries.27
Except for the 500 feet limitation on the distance from certain schools, a county or municipality is
prohibited from enacting ordinances for permitting or determining the location of dispensing
facilities which are more restrictive than its ordinances permitting or determining the locations for
pharmacies licensed under chapter 465, F.S.28
A municipality or county is prohibited from charging a MMTC a license or permit fee in an amount
greater than the fee charged by such municipality or county to pharmacies. 29
These preemption provisions do not prohibit any local jurisdiction from ensuring MMTC facilities comply
with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the
Florida Building Code or the Florida Fire Prevention Code. 30
Vape Shops
The Division of Alcoholic Beverages and Tobacco (ABT) within the Department of Business and
Professional Regulation (DBPR) is responsible for the regulation of nicotine products.31 Retailers that
sell or deal, at retail, in nicotine products are required to have a retail nicotine products dealer permit
issued by ABT and are required to comply with certain provisions related to the sale of such products. 32
ABT enforces the nicotine regulations. Operating without a permit is a noncriminal violation, punishable
by a fine of not more than $500.33 ABT is authorized to suspend or revoke the permit of a dealer upon
sufficient cause for violations.34
“Nicotine product” is defined as any product that contains nicotine, including liquid nicotine, which is
intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any
means. The term also includes any nicotine dispensing device. 35
“Nicotine dispensing device” is defined as any product that employs an electronic, chemical, or
mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or
product, any replacement cartridge for such device, and any other container of nicotine in a solution or
other form intended to be used with or within an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, or other similar device or product. 36
According to the Centers for Disease Control (CDC):37
26 Id.
27 S. 381.986(11)(b )2., F.S.
28 Id.
29 Id.
30 S. 381.986(11)(d ), F.S.
31 See ch. 569, F.S.
32 S. 569.32, F.S.
33 S. 569.34, F.S.
34 S. 569.35, F.S.
35 S. 569.31(4), F.S.
36 S. 569.31(3), F.S.
37 Centers for Disease Control, Quick Facts on the Risks of E-cigarettes for Kids, Teens, and Young Adults,
https://www.cdc.gov/tobacco/basic_information/e-cigarettes/Quick-Facts-on-the-Risks-of-E-cigarettes-for-Kids-Teens-and-Young-
Adults.html (last visited Jan. 18, 2024).
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The use of e-cigarettes is unsafe for kids, teens, and young adults.
Most e-cigarettes contain nicotine. Nicotine is highly addictive and can harm adolescent brain
development, which continues into the early to mid-20s.
E-cigarettes can contain other harmful substances besides nicotine.
Young people who use e-cigarettes may be more likely to smoke cigarettes in the future.
Age Restrictions
The establishment of the minimum age for purchasing or possessing, and the regulation for the
marketing, sale, or delivery of, nicotine products is preempted to the state.38
It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 21
years of age, any nicotine product. Violations are a second degree misdemeanor, punishable as
provided in s. 775.082 or s. 775.083. Subsequent violations are a first degree misdemeanor,
punishable as provided in s. 775.082 or s. 775.083. 39
It is unlawful for any person under 21 years of age to knowingly possess any nicotine product.
Violations are a noncriminal violation, punishable by 16 hours of community service or, instead of
community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco and
anti-nicotine program, if locally available.40
It is unlawful for any person under 21 years of age to misrepresent his or her age or military service in
order to purchase a nicotine product. Violations are a noncriminal violation, punishable by 16 hours of
community service or, instead of community service, a $25 fine and, in addition, the person must attend
a school-approved anti-tobacco and anti-nicotine program, if available.41
In order to prevent persons under 21 years of age from purchasing or receiving nicotine products, the
sale or delivery of nicotine products is prohibited, except:42
When under the direct control or line of sight of the dealer or the dealer’s agent or employee; or
Sales from a vending machine are prohibited and only permissible from a machine that is
equipped with an operational lockout device that is under the control of the dealer or the
dealer’s agent or employee who directly regulates the sale of items through the machine by
triggering the lockout device to allow the dispensing of one nicotine product.
A dealer that sells nicotine products may not sell, permit to be sold, offer for sale, or display for sale
such products or devices by means of self-service merchandising.43
A dealer that sells nicotine products may not place such products or devices in an open display unit
unless the unit is located in an area that is inaccessible to customers. 44
These provisions do not apply to an establishment that prohibits persons under 21 years of age on the
licensed premises.45
A dealer or a dealer’s agent or employee must require proof of age of a purchaser of a nicotine product
before selling the product to that person, unless the purchaser appears to be 30 years of age or older. 46
38 S. 569.315, F.S.
39 S. 569.41
40 S. 569.42(1), F.S.
41 S. 569.42(2), F.S.
42 S. 569.37(1), F.S.
43 S. 569.31(2)(a), F.S.
44 S. 569.31(2)(b), F.S.
45 S. 569.31(3), F.S.
46 S. 569.31(4), F.S.
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Nicotine products dealers are required to post a sign in each place of business at which such products
are sold that states the sale of nicotine products or nicotine dispensing devices to persons under the
age of 21 is illegal, and that proof of age is required for purchase. 47
Distance From Schools
It does not appear that Florida law addresses the distance of vape shop locations from schools.
However, Article X, section 20 of the Florida Constitution prohibits tobacco smoking and the use of
vapor-generating electronic devices in enclosed indoor workplaces. This provision allows the adoption
of ordinances that impose more restrictive regulation on the use of vapor-generating electronic devices.
However, tobacco smoking and the use of vapor-generating electronic devices are allowed in private
residences whenever they are not being used commercially to provide child care, adult care, or health
care, and retail tobacco shops, vapor-generating electronic device retailers, designated smoking guest
rooms at hotels and other public lodging establishments, and stand-alone bars. The owner, lessee, or
other person in control of the use of an enclosed indoor workplace may prohibit or limit smoking or the
use of vapor-generating electronic devices.
The Florida Clean Indoor Air Act (FCIAA), implements article X, section 20 of the Florida Constitution.
The FCIAA also prohibits any person under the age of 21 from smoking tobacco or vaping within 1,000
feet of real property comprising a public or private elementary, middle, or secondary school between
the hours of 6 a.m. and midnight. This does not apply to any person occupying a moving vehicle or
within a private residence.48
A violation of this prohibition is punishable by a maximum noncriminal civil penalty not to exceed $25,
or 50 hours of community service or, where available, successful completion of a school-approved anti-
tobacco “alternative to suspension” program.49
The Beverage Law
Florida's Beverage Law50 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors.51 The Division of Alcoholic Beverages and Tobacco (ABT) in
the Department of Business and Professional Regulation (DBPR) administers and enforces the
Beverage Law.52
All parties that plan to engage in the sale of alcoholic beverages in Florida must first obtain:
Permission from the local government county or city.53
A license from ABT.54
The Beverage Law classifies licensees in three distinct categories:
Manufacturers.55
Distributors.56
Retailers.57
47 S. 569.43(1), F.S.
48 S. 386.212(1), F.S.
49 S. 386.212(3), F.S.
50 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561-568, F.S.
51 See s. 561.14, F.S.
52 S. 561.02, F.S.
53 Section 5(a), Article VIII, Fla. Const., provides the exclusive means for a county to authorize or prohibit the sale of alcoh olic
beverages
54 S. 561.17(1), F.S.
55 S. 561.14(1), F.S.
56 S. 561.14(2), F.S.
57 S. 561.14(3), F.S.
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Retailers (vendors) sell alcohol beverages only at retail.58 Retailers are further classified in the industry
as either:
On-premise retailers. On-premise retailers sell beer, wine, or spirits, or some combination of
all three for patrons to consume on the licensed premises. Examples of on-premise retail
establishments include:
o bars;
o restaurants; and
o nightclubs.
Off-premise retailers. Off-premise retailers sell alcohol in sealed containers for off-premise
consumption only. Examples of off premise retail establishments include:
o liquor stores; and
o grocery stores.
Violations of any provision of the Beverage Law for which no penalty has been provided are a second
degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. Subsequent violations are a
third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 59
Age Restrictions
A person under 21 years old who possesses alcohol, unless acting within the scope of his or her
employment, commits a second degree misdemeanor, punishable by up to 60 days in county jail and a
$500 fine; a second offense is a first degree misdemeanor, punishable by up to one year in county jail
and a $1,000 fine.60 A conviction results in the withholding of an offender’s driving privilege. 61
A person who sells, gives, serves, or permits the service or consumption of alcohol to a person under
21 years old commits a second degree misdemeanor.62 A person committing the same offense within
one year of a previous conviction commits a first degree misdemeanor. 63 A conviction may result in the
withholding of an offender’s driving privilege.64
Distance From Schools
Local governments generally control the sale of alcoholic beverages through zoning. Approval to sell is
typically granted if the property is zoned commercial and meets certain distance separation
requirements that are established to presumably ensure that no adverse impacts occur on surrounding
areas resulting from the sale of alcohol. These separation requirements are typically in the range of 250
feet to 1,000 feet from residentially zoned or institutional uses (such as schools, parks, day cares, and
governmentally owned property), and that the property is also a certain distance (often as far as 1,000
feet) from other establishments authorized by the local government to sell alcohol.
Nothing contained in the Beverage Law may be construed to affect or impair the power or right of any
county or incorporated municipality of the state to enact ordinances regulating the hours of business
and location of place of business, and prescribing sanitary regulations, of any licensee under the
Beverage Law within the county or corporate limits of such municipality.65
Except for premises licensed on or before July 1, 1999, and except for locations licensed as
restaurants, which derive at least 51 percent of their gross revenues from the sale of food and
nonalcoholic beverages, pursuant to chapter 509, F.S., relating to lodging and food service
establishments, a location for on-premises consumption of alcoholic beverages may not be
located within 500 feet of the real property that comprises a public or private elementary school,
58 Id.
59 S. 562.45(1), F.S.
60 Ss. 562.111(1), 775.082, and 775.083, F.S.
61 S. 562.111(3), F.S.
62 S. 562.11(1), F.S
63 Id.
64 Ss. 562.11(1)(a)2.–3. and 562.11(2)(c)2., F.S.
65 S. 562.45(2)(a), F.S.
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middle school, or secondary school unless the county or municipality approves the location as
promoting the public health, safety, and general welfare of the community under proceedings as
provided in s. 125.66(5), F.S., for counties, and s. 166.041(3)(c), F.S., for municipalities.66
This restriction may not, however, be construed to prohibit the issuance of temporary permits to certain
nonprofit organizations as provided for in s. 561.422, F.S. ABT is prohibited from issuing a change in
the series of a license or approving a change of a licensee’s location unless the licensee provides
documentation of proper zoning from the appropriate county or municipal zoning authorities. 67
Other State and Local Laws
Other states and local jurisdictions have limited the distance of vaping advertisements, products, and
stores to schools. In addition, some states ban giving away free samples of vaping products within a
certain proximity of a school or places primarily used by minors. The following are examples of such
state and local policies:
New York restricts the public display of tobacco and vaping product advertisements and the
display of smoking paraphernalia within 500 feet of a school in New York City and within 1,500
feet of a school in the rest of the state.68
Indiana prohibits tobacco and vaping shops from being located within 1,000 feet of public
schools (increased from 200 feet).69
Montgomery County, Maryland prohibits a manufacturer from distributing any flavored
electronic cigarette to any retail store within 0.5 miles of any elementary, middle, or high school,
library, or recreational facility in the County.70
Utah requires tobacco retail shops to be located 1,000 feet away from schools, churches,
playgrounds, youth centers, and other community locations; 600 feet away from other tobacco
stores; and 600 feet away from property used for agricultural or residential purposes. 71
South Dakota prohibits the distribution of tobacco product samples in or on a public street,
sidewalk, or park that is within five hundred feet of a playground, school, or other facility when
the facility is being used primarily by persons under the age of twenty-one.72
Effect of Proposed Changes
MMTC Cultivating or Processing Facilities
Effective July 1, 2024, the bill prohibits a new MMTC cultivating or processing facility from being
located within 1,500 feet of the real property that comprises a religious institution or a public or private
day care facility, elementary school, middle school, or secondary school, or postsecondary school.
MMTC Dispensing Facilities
Effective July 1, 2024, the bill prohibits a new MMTC dispensing facility from being located within 1,500
feet of the real property that comprises a religious institution or a public or private day care facility,
elementary school, middle school, or secondary school, or postsecondary school.
The bill also removes the authority of a county or municipality to approve such locations.
Retail Vape Shops
66 Id.
67 Id.
68 N.Y. Public Health Law, ch. 45., Art. 13-F.
69 Ind. Code §. 35-46-1-11.4.
70 Montgomery County Code Ch. 24, Health and Sanitation §. 24-15, 24-16.
71 Utah Code Ann. §§ 17-50-333(4)(a), 10-8-41.6(4)(a), 17-50-333(7), 10-8-41.6(7).
72 S.D. Codified Laws §. 34-46-2.
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Effective July 1, 2024, the bill prohibits a new retail vape shop as defined under s. 386.203, F.S., from
being located within 1,500 feet of the real property that comprises a religious institution or a public or
private day care facility, elementary school, middle school, secondary school, or postsecondary school.
The bill specifies that this section does not apply to a retail vape shop operating before July 1, 2024.
Beverage Law
Effective July 1, 2024, the bill prohibits a new location for on-premises consumption of alcoholic
beverages from being located within 1,500 feet of the real property that comprises a religious institution
or a public or private day care facility, elementary school, middle school, or secondary school, or
postsecondary school.
The bill also removes the authority of a county or municipality to approve such locations.
B. SECTION DIRECTORY:
Section 1: Amends s. 381.986, F.S., relating to preemption.
Section 2: Creates s. 386.2065, F.S., relating to the regulation of retail vape shops; applicability.
Section 3: Amends s. 562.45, F.S., relating to penalties for violating Beverage Law; local
ordinances; prohibiting regulation of certain activities or business transactions; requiring
nondiscriminatory treatment; providing exceptions.
Section 4: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STAT EMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
Making the obtaining of tobacco, nicotine, marijuana, and alcohol products as difficult as possible for
kids may reduce the number of kids who try or regularly use such products and thereby improve public
health and safety and related public and private sector costs.
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DATE: 1/22/2024
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
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DATE: 1/22/2024
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 1053 2024
1 A bill to be entitled
2 An act relating to location of medical marijuana
3 centers, retail vape shops, and on-premises
4 consumption of alcohol; amending s. 381.986, F.S.;
5 revising the authorized distance between the location
6 of certain medical marijuana treatment centers and
7 specified religious or educational institutions upon a
8 specified date; creating s. 386.2065, F.S.; specifying
9 the authorized distance between the location of retail
10 vape shops and specified religious or educational
11 institutions upon a specified date; providing
12 applicability; amending s. 562.45, F.S.; revising the
13 authorized distance between the location of businesses
14 that allow on-premises consumption of alcoholic
15 beverages and specified religious or educational
16 institutions upon a specified date; removing local
17 governments' ability to approve such a location for
18 specified purposes; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraphs (a) and (c) of subsection (11) of
23 section 381.986, Florida Statutes, are amended to read:
24 381.986 Medical use of marijuana.—
25 (11) PREEMPTION.—Regulation of cultivation, processing,
Page 1 of 4
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hb1053-00
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 1053 2024
26 and delivery of marijuana by medical marijuana treatment centers
27 is preempted to the state except as provided in this subsection.
28 (a)1. A medical marijuana treatment center cultivating or
29 processing facility may not be located within 500 feet of the
30 real property that comprises a public or private elementary
31 school, middle school, or secondary school.
32 2. Effective July 1, 2024, a new medical marijuana
33 treatment center cultivating or processing facility may not be
34 located within 1,500 feet of the real property that comprises a
35 religious institution or a public or private day care facility,
36 elementary school, middle school, or secondary school, or
37 postsecondary school
38 (c)1. A medical marijuana treatment center dispensing
39 facility may not be located within 500 feet of the real pr operty
40 that comprises a public or private elementary school, middle
41 school, or secondary school.
42 2. Effective July 1, 2024, a new medical marijuana
43 treatment center dispensing facility may not be located within
44 1,500 feet of the real property that comprises a religious
45 institution or a public or private day care facility, elementary
46 school, middle school, or secondary school, or postsecondary
47 school unless the county or municipality approves the location
48 through a formal proceeding open to the public at w hich the
49 county or municipality determines that the location promotes the
50 public health, safety, and general welfare of the community.
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hb1053-00
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 1053 2024
51 Section 2. Section 386.2065, Florida Statutes, is created
52 to read:
53 386.2065 Regulation of retail vape shops; applicability.—
54 (a) Effective July 1, 2024, a new retail vape shop as
55 defined under s. 386.203 may not be located within 1,500 feet of
56 the real property that comprises a religious institution or a
57 public or private day care facility, elementary school, middle
58 school, secondary school, or postsecondary school.
59 (b) This section does not apply to a retail vape shop
60 operating before July 1, 2024.
61 Section 3. Paragraph (a) of subsection (2) of section
62 562.45, Florida Statutes, is amended to read:
63 562.45 Penalties for violating Beverage Law; local
64 ordinances; prohibiting regulation of certain activities or
65 business transactions; requiring nondiscriminatory treatment;
66 providing exceptions.—
67 (2)(a) Nothing contained in the Beverage Law may be
68 construed to affect or impair the power or right of any county
69 or incorporated municipality of the state to enact ordinances
70 regulating the hours of business and location of place of
71 business, and prescribing sanitary regulations therefor, of any
72 licensee under the Beverage Law within the county or corporate
73 limits of such municipality. However, except for premises
74 licensed on or before July 1, 1999, and except for locations
75 licensed as restaurants, which derive at least 51 percent of
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hb1053-00
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 1053 2024
76 their gross revenues from the sale of food and nonalcoholic
77 beverages, pursuant to chapter 509, a location for on -premises
78 consumption of alcoholic beverages may not be located within 500
79 feet of the real property that comprises a public or private
80 elementary school, middle school, or secondary school. Effective
81 July 1, 2024, a new location for on-premises consumption of
82 alcoholic beverages may not be located within 1,500 feet of the
83 real property that comprises a religious institution or a public
84 or private day care facility, elementary school, middle school,
85 or secondary school, or postsecondary school unless the county
86 or municipality approves the location as promoting the public
87 health, safety, and general welfare of the community under
88 proceedings as provided in s. 125.66(5), for counties, and s.
89 166.041(3)(c), for municipalities. This restriction may not,
90 however, be construed to prohibit the issuance of temporary
91 permits to certain nonprofit organizations as provided for in s.
92 561.422. The division may not issue a change in the series of a
93 license or approve a change of a licensee's location unless the
94 licensee provides documentation of proper zoning from the
95 appropriate county or municipal zoning authorities.
96 Section 4. This act shall take effect July 1, 2024.
Page 4 of 4
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hb1053-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1053 by Rep. Amesty
Location of Medical Marijuana Centers, Retail Vape Shops, and On-premises
Consumption of Alcohol
AMENDMENT SUMMARY
January 24, 2024
Amendment 1 by Rep. Amesty (strike-all):
• Provides uniformity by clarifying that the distance restrictions in the bill do not apply to
any of the facilities that were operating before July 1, 2024.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1053 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Amesty offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraphs (a) and (c) of subsection (11) of
8 section 381.986, Florida Statutes, are amended to read:
9 381.986 Medical use of marijuana.—
10 (11) PREEMPTION.—Regulation of cultivation, processing,
11 and delivery of marijuana by medical marijuana treatment centers
12 is preempted to the state except as provided in this subsection.
13 (a)1. A medical marijuana treatment center cultivating or
14 processing facility may not be located within 500 feet of the
15 real property that comprises a public or private elementary
16 school, middle school, or secondary school.
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Page 1 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1053 (2024)
Amendment No. 1
17 2. Effective July 1, 2024, a new medical marijuana
18 treatment center cultivating or processing facility may not be
19 located within 1,500 feet of the real property that comprises a
20 religious institution or a public or private day care facility,
21 elementary school, middle school, or secondary school, or
22 postsecondary school. This subparagraph does not apply to a
23 medical marijuana treatment center cultivating or processing
24 facility that was in operation before July 1, 2024.
25 (c)1. A medical marijuana treatment center dispensing
26 facility may not be located within 500 feet of the real property
27 that comprises a public or private elementary school, middle
28 school, or secondary school.
29 2. Effective July 1, 2024, a new medical marijuana
30 treatment center dispensing facility may not be located within
31 1,500 feet of the real property that comprises a religious
32 institution or a public or private day care facility, elementary
33 school, middle school, or secondary school, or postsecondary
34 school. This subparagraph does not apply to a medical marijuana
35 treatment center dispensing facility that was in operation
36 before July 1, 2024 unless the county or municipality approves
37 the location through a formal proceeding open to the public at
38 which the county or municipality determines that the location
39 promotes the public health, safety, and general welfare of the
40 community.
41 Section 2. Section 386.2065, Florida Statutes, is created
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Page 2 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1053 (2024)
Amendment No. 1
42 to read:
43 386.2065 Regulation of retail vape shops; applicability.-
44 Effective July 1, 2024, a new retail vape shop as defined under
45 s. 386.203 may not be located within 1,500 feet of the real
46 property that comprises a religious institution or a public or
47 private day care facility, elementary school, middle school,
48 secondary school, or postsecondary school. This section does not
49 apply to a retail vape shop that was in operation before July 1,
50 2024.
51 Section 3. Paragraph (a) of subsection (2) of section
52 562.45, Florida Statutes, is amended to read:
53 562.45 Penalties for violating Beverage Law; local
54 ordinances; prohibiting regulation of certain activities or
55 business transactions; requiring nondiscriminatory treatment;
56 providing exceptions.—
57 (2)(a) Nothing contained in the Beverage Law may be
58 construed to affect or impair the power or right of any county
59 or incorporated municipality of the state to enact ordinances
60 regulating the hours of business and location of place of
61 business, and prescribing sanitary regulations therefor, of any
62 licensee under the Beverage Law within the county or corporate
63 limits of such municipality. However, except for premises
64 licensed on or before July 1, 1999, and except for locations
65 licensed as restaurants, which derive at least 51 percent of
66 their gross revenues from the sale of food and nonalcoholic
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Page 3 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1053 (2024)
Amendment No. 1
67 beverages, pursuant to chapter 509, a location for on-premises
68 consumption of alcoholic beverages may not be located within 500
69 feet of the real property that comprises a public or private
70 elementary school, middle school, or secondary school. Effective
71 July 1, 2024, a new location for on-premises consumption of
72 alcoholic beverages may not be located within 1,500 feet of the
73 real property that comprises a religious institution or a public
74 or private day care facility, elementary school, middle school,
75 secondary school, or postsecondary school; however, this
76 prohibition does not apply to a location for on-premises
77 consumption of alcoholic beverages that was in operation before
78 July 1, 2024 unless the county or municipality approves the
79 location as promoting the public health, safety, and general
80 welfare of the community under proceedings as provided in s.
81 125.66(5), for counties, and s. 166.041(3)(c), for
82 municipalities. This restriction may not, however, be construed
83 to prohibit the issuance of temporary permits to certain
84 nonprofit organizations as provided for in s. 561.422. The
85 division may not issue a change in the series of a license or
86 approve a change of a licensee's location unless the licensee
87 provides documentation of proper zoning from the appropriate
88 county or municipal zoning authorities.
89 Section 4. This act shall take effect July 1, 2024.
90
91 -----------------------------------------------------
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Page 4 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1053 (2024)
Amendment No. 1
92 T I T L E A M E N D M E N T
93 Remove lines 8-18 and insert:
94 specified date; providing applicability; creating s.
95 386.2065, F.S.; specifying the authorized distance
96 between the location of retail vape shops and specified
97 religious or educational institutions upon a specified
98 date; providing applicability; amending s. 562.45, F.S.;
99 revising the authorized distance between the location of
100 businesses that allow on-premises consumption of
101 alcoholic beverages and specified religious or
102 educational institutions upon a specified date; removing
103 local governments' ability to approve such a location
104 for specified purposes; providing applicability;
105 providing an effective date.
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Page 5 of 5
HB 1071
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1071 Department of Agriculture and Consumer Services
SPONSOR(S): Alvarez and others
TIED BILLS: IDEN./SIM. BILLS: SB 1084
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The bill contains modifications to several agricultural, consumer services, and licensure activities under the
jurisdiction of the Department of Agriculture and Consumer Services (DACS), as follows:
Preempts the regulation of electric vehicle charging stations to the state.
Allows pest control certificateholders flexibility in the types of chemicals and equipment they can use.
Reduces continuing education requirements for certain pest control certificateholders.
Requires written documentation from certain pest control certificateholders to the property owner after
each inspection or treatment for the presence or absence of wood destroying organisms .
Prohibits certain pest control certificates from operating past the expiration date, and extends
recertification grace periods.
Makes it a violation, and authorizes DACS to take administrative action, for providing false information
or cheating on pest control or pesticide licensure examinations.
Allows a Class “G” statewide firearm licensee to qualify for up to two calibers of firearms in one 4-hour
firearm requalification class.
Allows DACS to appoint tax collectors to accept private security, private investigative and recovery
services licenses, and to collect certain fees and provide certain services for concealed weapon or
firearm licenses.
Revises the information that charitable organizations are required to provide to DACS.
Prohibits and creates penalties for the manufacture, sale, hold or offer for sale, or distribution of
cultivated meat in this state.
Prohibits movers from placing a shipper's goods in a self-service storage unit owned by anyone other
than the mover.
Revises the information that must be provided to DACS on a motor vehicle repair shop registration
application, requires the registration fee to be calculated for each location, and raises the threshhold
value of repair work which requires such shops to provide a customer with a written repair estimate.
Criminalizes the destroying, harvesting, or selling saw palmetto berries.
Includes poultry in the definition of “livestock” as governed by the DACS Division of Animal Industry.
Reduces the number of trespassing signs required for lands classified as commercial agricultural
property, and increases criminal penalties for trespassing on such property with intent to commit a
crime.
The bill may have an indeterminate fiscal impact on state and local government, and the private sector.
Unless otherwise provided, the effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1071.RRS
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Electric Vehicle Charging Stations
Consumers and fleets considering electric vehicles (EVs), including all-electric vehicles and plug-in
hybrid electric vehicles (PHEVs), need access to charging equipment. For most drivers, this starts with
charging at home or at fleet facilities. Charging stations at workplaces, public destinations, and along
highways offer more flexible charging opportunities at commonly visited locations.1
EV charging equipment is classified based on the following rates of charge:2
Alternating Current (AC) Level 1 equipment provides charging through a common 120 volt AC
outlet. Most, if not all, EVs come with a portable Level 1 cord, so no additional charging
equipment is required. Level 1 chargers can take 40-50 hours to charge an all-electric vehicle
from empty and 5-6 hours to charge a PHEV from empty.3
AC Level 2 equipment offers charging through 240 volt (in residential applications) or 208 volt
charging. As of 2022, 80 percent of public EV charging ports in the country were Level 2. 4 Level
2 chargers can charge an all-electric vehicle from empty in 4-10 hours and a PHEV from empty
in 1-2 hours.5
Direct-current (DC) fast charging equipment enables rapid charging along heavy traffic corridors
at installed stations. As of 2022, more than 20 percent of public EV charging ports in the country
were DC fast chargers.6 DC fast charging equipment can charge an all-electric vehicle to 80
percent in 20 minutes to 1 hour.7
Charging times vary depending on the depletion level of the battery, how much energy the battery
holds, the type of battery, temperature, and the type of supply equipment.
Florida’s EV Law
According to the US Department of Energy, 44 of Florida’s 67 counties 8 have 3,230 EV public charging
stations offering a total of 8,981 charging ports. AC Level 2 charging ports comprise 6,793 of these
ports, and DC fast charging ports comprise 2,164 of these ports.9
Florida law governing electric vehicle charging stations (EV law) requires the Department of Agriculture
and Consumer Services (DACS) to adopt rules to provide definitions, methods of sale, labeling
requirements, and price-posting requirements for EV charging stations to provide consistency for
consumers and the industry.10
1 U.S. Dept. of Energy (DOE), Alternative Fuels Data Center, Developing Infrastructure to Charge Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Jan. 18, 2024).
2 U.S. Environmental Protection Agency (EPA), Plug-in Electric Vehicle Charging, https://www.epa.gov/greenvehicles/plug-electric-
vehicle-charging-basics (last visited Jan. 18, 2024).
3 U.S. Dept. of Transportation (USDOT), Electric Vehicle Charging Speeds, https://www.transportation.gov/rural/ev/toolkit/ev-
basics/charging-speeds (last visited Jan. 18, 2024).
4 DOE, supra note 1.
5 DOT supra note 3.
6 DOE, supra note 1.
7 DOT, supra note 3.
8 Florida Department of Agriculture and Consumer Services (FDACS), Transportation, Alternative Fueling Stations and Electric
Vehicle Charging Stations, https://www.fdacs.gov/Business-Services/Energy/Florida-Energy-Clearinghouse/Transportation (last
visited Jan. 18, 2024)
9 U.S. Dept. of Energy, Alternative Fuels Data Center (AFDC), Alternative Fueling Station Counts by State,
https://afdc.energy.gov/stations/states (last visited Jan. 18, 2024).
10 S. 366.94, F.S.
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DATE: 1/22/2024
The EV law clarifies that the provision of electric vehicle charging to the public by a nonutility is not the
retail sale of electricity for the purposes of chapter 366, F.S., which governs public utilities. The rates,
terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation
under that chapter.11
The EV law does not affect the ability of individuals, businesses, or governmental entities to acquire,
install, or use an electric vehicle charger for their own vehicles. 12
The EV law makes it unlawful for a person to stop, stand, or park a vehicle that is not capable of using
an electrical recharging station within any parking space specifically designated for charging an electric
vehicle. Violations are a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s.
318.18.13
Preemption
A local government enactment may be inconsistent with state law if the:
Local enactment conflicts with state statutes; or
The Legislature has preempted the particular area of law that is the subject of the enactment.
Such state preemption precludes a local government from exercising authority in the preempted area. 14
Florida law recognizes two types of state preemption: express and implied. Express preemption
requires an express legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.15 Implied preemption, on the other hand, exists where the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the legislature. 16 Courts determining the
validity of local government ordinances enacted in the face of state preemption, whether express or
implied, have found such ordinances to be null and void. 17
Pest Control
Licensure
Chapter 482, F.S., the “Structural Pest Control Act,” (Pest Control Act) is the chapter of Florida law that
authorizes DACS to regulate pest control professionals. The Pest Control Act defines the term “pest
control” to include:18
The use of any method or device or the application of any substance to prevent, destroy, repel,
mitigate, curb, control, or eradicate any pest in, on, or under a structure, lawn, or ornamental;
The identification of or inspection for infestations or infections in, on, or under a structure, lawn,
or ornamental;
The use of any pesticide, economic poison, or mechanical device for preventing, controlling,
eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin,
rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental;
All phases of fumigation, including:
o The treatment of products by vault fumigation; and
11 Id.
12 Id.
13 Id.
14 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),
https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-ru le-a-p reemption-and-conflict-analysis/ (last visited
March 20, 2023).
15 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
16 Sarasota Alliance for Fair Elections, Inc. v. Browning , 28 So. 3d 880 (Fla. 2010).
17 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
18 S. 482.021(22), F.S.
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oThe fumigation of boxcars, trucks, ships, airplanes, docks, warehouses, and common
carriers; and
The advertisement of, the solicitation of, or the acceptance of remuneration for any work
described in this subsection, but does not include the solicitation of a bid from a licensee to be
incorporated in an overall bid by an unlicensed primary contractor to supply services to another.
The Pest Control Act requires, in part, that each pest control business:
Be licensed by DACS;19
Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence for
bodily injury and $250,000 per occurrence and $500,000 in the aggregate for property damage,
or a combined single limit coverage of $500,000 in the aggregate);20 and
Pay the following licensing fees, established by DACS:21
o Initial fee of $300.
o Renewal fee of $75.
The Pest Control Act prohibits DACS from issuing or renewing a license to engage in the pest control
business unless the applicant’s pest control activities are under a certified operator or operators in
charge who are certified in the categories of the licensee.22
The Pest Control Act defines “category” as a distinct branch or phase of pest control for which a pest
control operator’s certificate may be issued such as: 23
Fumigation;
General household pest control;
Termites and other wood-destroying organisms pest control;
Lawn and ornamental pest control; and
Such a combination or division of such branches of pest control as the department may by rule
establish.
Each employee who performs pest control for a licensee must have an identification card. 24
Pest Control Operator’s Certificate
The Pest Control Act requires DACS to issue a pest control operator’s certificate to each individual who
qualifies under the act. Before issuance of an original certificate, an individual must complete an
application for examination, pay the examination fee, and pass the examination. Before engaging in
pest control work, each certified operator must be certified.25
Annually, on or before an anniversary date set by DACS, an individual that is issued a pest control
operator’s certificate is required to apply to DACS for certificate renewal. After a grace period of up to
30 calendar days following the renewal date, a late renewal charge of $50 must be assessed and paid
in addition to the renewal fee.26
Unless timely renewed, a certificate automatically expires 180 calendar days after the anniversary
renewal date. Subsequent to such expiration, a certificate may be issued only upon successful
reexamination and upon payment of the examination and issuance fees due. 27
19 S. 482.071(1)and(2), F.S.
20 S. 482.071(4), F.S.
21 S. 482.071(2)(b), F.S.
22 S. 482.071(2)(e), F.S.
23 S. 482.021(3), F.S.
24 See S. 482.091, F.S.
25 S. 482.111(1), F.S.
26 S. 482.111(3), F.S.
27 S. 482.111(4), F.S.
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The Pest Control Act specifies that prior to the expiration date of a certificate, the certificateholder is
required to:28
Complete 2 hours of approved continuing education on legislation, safety, pesticide labeling,
and integrated pest management and 2 hours of approved continuing education in each
category of her or his certificate; or
Pass an examination given by DACS.
Special Identification Card for Fumigation
The Pest Control Act requires individuals who perform fumigation to be a special identification
cardholder, unless such individual is a certified operator who is certified in the category of fumigation.
When performing fumigation, the Pest Control Act authorizes a special identification cardholder or
certified operator to act only under the direction and supervision of the certified operator in charge. 29
The Pest Control Act requires application to DACS for renewal of a special identification card to be
made on or before an anniversary date set by DACS. Renewal fees for a special identification card are
set by DACS as follows: 30
May not be more than $100 or less than $50.
Until a rule setting this fee is adopted by DACS, the renewal fee shall be $50.
After a grace period of up to 30 calendar days following the renewal date, DACS is required to
assess a late renewal charge of $25, which must be paid in addition to the renewal fee.
Regarding expirations, the Pest Control Act provides:
Unless timely renewed, a special identification card automatically expires 180 calendar days
after the anniversary renewal date.31
Subsequent to such expiration, a special identification card may be issued only upon successful
reexamination and upon payment of examination and issuance fees due. 32
Regarding continuing education, prior to the expiration date of a special identification card, the
cardholder must:33
Complete 2 hours of approved continuing education on legislation, safety, and pesticide labeling
and 2 hours of approved continuing education in the fumigation category; or
Pass an examination in fumigation given by DACS.
Limited Certification for Governmental Pesticide Applicators or Private Applicators
The Pest Control Act requires DACS to establish limited certification categories for:34
Persons who apply pesticides only as governmental employees.
Persons who apply pesticides only to their own private property, and employees who apply
pesticides to private property owned by their employers. This includes properties such as public
buildings, schools, hospitals, nursing homes, grocery stores, restaurants, apartments, and
common areas of condominiums and any other private properties where the public may be
exposed to pesticide applications.
The Pest Control Act requires a person seeking limited certification to pass an examination given or
approved by DACS. Each application for examination must be accompanied by an examination fee set
by DACS, as follows:35
The amount may not be more than $150 or less than $50.
28 S. 482.111(10), F.S.
29 S. 482.151(1), F.S.
30 S. 482.151(6), F.S.
31 S. 482.151(7), F.S.
32 Id.
33 S. 482.151(7), F.S.
34 S. 482.155(1)(a), F.S.
35 S. 482.155(1)(b), F.S.
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A recertification fee of $25 every 4 years.
Until rules setting these fees are adopted by the department, the examination fee is $50.
Regarding continuing education, the Pest Control Act requires: 36
Application for recertification to be accompanied by proof of having completed 4 classroom
hours of acceptable continuing education.
DACS to provide the appropriate reference material and make the examination readily
accessible and available to all applicants at least quarterly or as necessary in each county.
Limited Certification for Commercial Landscape Maintenance Personnel
The Pest Control Act requires DACS to establish a limited certification category for individual
commercial landscape maintenance personnel to authorize them to:37
Apply herbicides for controlling weeds in plant beds; and
Perform integrated pest management on ornamental plants using insecticides and fungicides
having the signal word “caution” but not having the word “warning” or “danger” on the label.
Regarding authorized equipment that may be used under this certification, the Pest Control Act:38
Only allows:
o Portable, handheld 3-gallon compressed air sprayers; or
o Backpack sprayers having no more than a 5-gallon capacity.
Does not include power equipment.
The Pest Control Act requires a person seeking such limited certification to pass an examination given
by DACS. Each application for examination must be accompanied by an examination fee set by DACS,
that may not be more than $150 or less than $50.39
The Pest Control Act specifies that prior to DACS issuing such a limited certification, each person
applying is required to furnish proof of having a certificate of insurance which states that the employer
meets the requirements for minimum financial responsibility for bodily injury and property damage
required by the Pest Control Act.40
Regarding eligibility to qualify to take the examination, the Pest Control Act:
Requires applicants to:41
o Complete 6 classroom hours of plant bed and ornamental continuing education training
approved by DACS; and
o Provide sufficient proof, according to criteria established by DACS rule.
Requires DACS to provide the appropriate reference materials for the examination and make
the examination readily accessible and available to applicants at least quarterly or as necessary
in each county.
Regarding recertification, the Pest Control Act:42
Requires application to be made annually.
Requires a recertification fee set by DACS rule, in an amount of not more than $75 or less than
$25.
Requires applicants to provide proof of having completed 4 classroom hours of acceptable
continuing education and the same proof of having a certificate of insurance as is required for
issuance of this certification.
36 S. 482.155(1)(b), F.S.
37 S. 482.156(1), F.S.
38 Id.
39 S. 482.156(2)(a), F.S.
40 Id.
41 S. 482.156(2)(b), F.S.
42 S. 482.156(3), F.S.
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Authorizes a grace period of up to 30 calendar days following the annual date that recertification
is due, after which a late renewal charge of $50 must be assessed and paid in addition to the
renewal fee.
Provides that unless timely recertified, a certificate automatically expires 180 calendar days
after the anniversary recertification date. Subsequent to such expiration, a certificate may be
issued only upon successful reexamination and upon payment of the examination fees due.
The Pest Control Act requires persons certified under this section to maintain records available for
review by the department upon request that document the following:43
Pests and areas treated; and
Methods and materials applied for control of such pests.
Limited Certification for Commercial Wildlife Management Personnel
The Pest Control Act requires DACS to establish a limited certificate that authorizes a person who
engages in the commercial trapping of wildlife to use nonchemical methods, including traps,
mechanical or electronic devices, and exclusionary techniques to control commensal rodents.44
Regarding recertification, the Pest Control Act:45
Requires application for recertification to be made annually.
Requires a recertification fee of at least $75, but not more than $150, as prescribed by DACS
rule.
Requires proof of completion of the required 4 classroom hours of acceptable continuing
education and the required proof of insurance.
Authorizes a grace period not exceeding 30 calendar days after the recertification renewal date,
after which DACS is required to assess a late fee of $50 in addition to the renewal fee.
Provides that a certificate automatically expires 180 days after the recertification date if the
renewal fee has not been paid.
Requires after expiration, DACS to issue a new certificate only if the applicant successfully
passes a reexamination and pays the examination fee and late fee.
Violations for False Statements on Applications and Cheating on Exams
The Pest Control Act authorizes DACS to issue a written warning, impose a fine, or deny licensure of a
licensee, certified operator, limited certificateholder, identification cardholder, or special identification
cardholder or any other person, or suspend, revoke, or deny such issuance or renewals, in accordance
with chapter 120, F.S., the Administrative Procedure Act, upon any of the following grounds:46
Violation of any provision or DACS rule of the Pest Control Act.
Conviction in any court within this state of a violation of the Pest Control Act.
Habitual intemperance or addiction to narcotics.
Conviction in any court in any state or in any federal court of a felony, unless civil rights have
been restored.
Knowingly:
o Making false or fraudulent claims with respect to pest control;
o Misrepresenting the effects of materials or methods used in pest control; or
o Failing to use materials or methods suitable for the pest control undertaken.
Performing pest control in a negligent manner.
Failure to give to DACS, or its authorized representative, true information upon request
regarding methods and materials used, work performed, or other information essential to the
administration of the Pest Control Act.
Fraudulent or misleading advertising relative to pest control or advertising in an unauthorized
category of pest control.
43 S. 482.156(5), F.S.
44 S. 482.157(1), F.S.
45 S. 482.157(3), F.S.
46 S. 482.161(1), F.S.
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Failure to pay an administrative fine imposed pursuant to subsection (7).
Impersonation of a DACS employee.
The Pest Control Act makes it unlawful to solicit, practice, perform, or advertise in pest control except
as provided in the act. Such violations of the act or DACS rule are a second degree misdemeanor,
punishable as provided in s. 775.082 or s. 775.083. 47
Wood-destroying Organism Preventive or Control Contracts
Inspection for wood destroying organisms is regulated as a pest control activity under the Pest Control
Act.48 When an inspection for wood-destroying organisms is made by a licensee for purposes of a real
estate transaction and either a fee is charged for the inspection or a written report is requested by the
customer, the act requires a wood-destroying organism inspection report to be provided by the licensee
or its representative. The act also requires a copy of the inspection report to be retained by the licensee
for a period of not less than 3 years.49
These provisions include requirements as to what the report must include and a requirement that a
notice of the inspection be posted in the access area to the attic or crawl area or other accessible area
of the structure inspected.50 If treatment is made to the structure at the time of the inspection, the report
must include information on the name of each WDO for which treatment was provided at the time of the
inspection, the name of the pesticide used, and the conditions and terms associated with that
treatment.51
Licensees who perform wood destroying organism inspections for real estate transactions are required
to have a minimum of $50,000 in insurance coverage (or a bond) for professional liability for errors and
omissions, or demonstrate an equity or net worth of no less than $100,000. 52
Regarding wood-destroying organisms preventive or control contracts, the Pest Control Act provides
that if periodic reinspections or retreatments are specified in wood-destroying organisms preventive or
such contracts, the licensee is required to furnish the property owner or the property owner’s authorized
agent, after each such reinspection or retreatment, a signed report indicating the:53
Presence or absence of wood-destroying organisms covered by the contract;
Whether retreatment was made; and
Common or brand name of the pesticide used.
The Pest Control Act specifies prohibits a person from performing periodic reinspections or
retreatments unless she or he has an identification card issued under s. 482.091(9), F.S.
Florida Pesticide Law
Violations for False Statements on Applications and Cheating on Exams
Chapter 487, part I, the “Florida Pesticide Law” (Pesticide Law)54 regulates the distribution, sale, and
use of pesticides, except as provided in chapters 388, F.S., relating to mosquito control, and 482, F.S.,
the Pest Control Act, and protects people and the environment from the adverse effects of pesticides. 55
The Pesticide Law is administered by DACS.56
47 S. 482.191, F.S.
48 See S. 482.226, F.S.
49 S. 482.226(1), F.S.
50 S. 482.226(4), F.S.
51 S. 482.226(2)(b), F.S.
52 S. 482.226(6), F.S.
53 S. 482.226(3), F.S.
54 Chapter 487, part I, F.S.
55 S. 487.12, F.S.
56 S. 487.011, F.S.
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Under the Pesticide Law, every pesticide distributed, sold, or offered for sale within the state, or
transported in intrastate commerce must be registered with FDACS and renewed annually. 57
The Pesticide Law makes it unlawful for any person to:58
Make a false or fraudulent claim through any medium, misrepresenting the effect of materials or
methods used;
Make a pesticide recommendation or application not in accordance with the label, except as
provided in this section, or not in accordance with recommendations of the United States
Environmental Protection Agency or not in accordance with the specifications of a special local
need registration;
Operate faulty or unsafe equipment;
Operate in a faulty, careless, or negligent manner;
Apply any pesticide directly to, or in any manner cause any pesticide to drift onto, any person or
area not intended to receive the pesticide;
Fail to disclose to an agricultural crop grower, prior to the time pesticides are applied to a crop,
full information regarding the possible harmful effects to human beings or animals and the
earliest safe time for workers or animals to reenter the treated field;
Refuse or, after notice, neglect to comply with the provisions of this part, the rules adopted
under this part, or any lawful order of DACS;
Refuse or neglect to keep and maintain the records or reports required;
Make false or fraudulent records, invoices, or reports;
Use fraud or misrepresentation in making an application for licensure;
Refuse or neglect to comply with any limitations or restrictions on or in a duly issued license;
Aid, abet, combine, or conspire with a licensed or unlicensed person to evade the provisions of
this part, or allow a license to be used by an unlicensed person;
Make false or misleading statements during or after an inspection concerning any infestation or
infection of pests found on land;
Make false or misleading statements, or fail to report, pursuant to this part, any suspected or
known damage to property or illness or injury to persons caused by the application of
pesticides;
Impersonate any state, county, or city inspector or official;
Fail to maintain a current liability insurance policy or surety bond as provided for in this part;
Fail to adequately train, as provided for in this part, unlicensed applicators or mixer-loaders
applying restricted-use pesticides under the direct supervision of a licensed applicator; or
Fail to provide authorized representatives of DACS with records required by this part or with
free access for inspection and sampling of any pesticide, areas treated with or impacted by
these materials, and equipment used in their application.
DACS is authorized to take the following actions regarding violations:59
Deny an application for licensure.
Revoke or suspend a license.
Issue a warning letter.
Place the licensee on probation and require the licensee to attend educational classes to
demonstrate competency through a written or practical examination, or to work under the direct
supervision of another licensee.
Impose an administrative fee not to exceed $10,000 for each violation.
Bring an action to enjoin the violation or threatened violation of the Pesticide Law in the circuit
court of the county in which the violation occurs or is about to occur.60
57 S. 487.041, F.S.
58 S. 487.031(13), F.S.
59 S. 487.175(1), F.S.
60 S. 487.175(3), F.S.
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Violations of the Pesticide Law are a second degree misdemeanor, punishable as provided in s.
775.082 or s. 775.083, F.S., and subsequent violations are a first degree misdemeanor, punishable as
provided in s. 775.082 or s. 775.083.61
Firearm Licensing
Chapter 493 Licensees
The Division of Licensing (DOL) within DACS administers Florida's concealed weapon licensing
program 62 and oversees Florida's private investigative, private security, and recovery services
industries.63 The DOL’s regulatory oversight of those services includes licensing, enforcing compliance
standards, and ensuring public protection from unethical business practices and unlicensed activity. 64
Currently, the DOL offers 22 different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of December 31,
2023, the DOL had issued a total of 186,842 private investigative, private security, and recovery
services licenses and 2,514,687 concealed weapon permits, to qualified applicants. The following chart
provides a breakdown of the total number of each license type.65
License License Title Total
Type
C Private Investigators 6,926
CC Private Investigator Interns 1,324
A Private Investigative Agencies 2,637
AA Private Investigative Agency Branch Offices 22
MA Private Investigative Agency Managers 72
M Private Investigative/Security Agency 452
Managers
D Security Officers 141,778
B Security Agencies 2,130
BB Security Agency Branch Offices 178
MB Security Managers 1,505
AB Security Agency/Private Investigative Agency 8
Branch Offices
DS Security Officer Schools 457
DI Security Officer Instructors 1,777
G Statewide Firearm Licenses 25,431
K Firearms Instructors 682
E Recovery Agents 767
EE Recovery Agent Interns 351
R Recovery Agencies 293
RR Recovery Agency Branch Offices 33
MR Recovery Agency Managers 4
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 9
Subtotal of Private Investigative, Private Security, and 186,842
Recovery Services Licenses
W Concealed Weapon or Firearm 2,501,201
61 S. 487.175(2), F.S.
62 S. 790.06, F.S.
63 Ch. 493, F.S.
64 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture
and Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=4101 (last visited Jan.
19, 2024).
65 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Jan. 19, 2024).
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WJ Concealed Weapon or Firearm/Circuit and 833
County Judges
WR Concealed Weapon or Firearm/Retired Law 12,647
Enforcement and Correctional Officers
WS Concealed Weapon or Firearm/Consular 6
Security Official
Subtotal of Concealed Weapon Licenses 2,514,687
Total Number of Licenses 2,701,529
A security officer is an individual who advertises for, or performs: bodyguard services, personal or
property protection; theft and loss prevention; armored car staffing; or transportation of prisoners. 66 Law
enforcement officers engaged in their official duties or off-duty security activities that have been
approved by appropriate superiors are not considered security officers. 67 Additionally, unarmed security
officers who are employed by, and perform their work entirely on the premises of either their employer’s
business, a church or denominational organization, or a church cemetery are not required to be
licensed as a security officer under ch. 493, F.S.68
A private investigator is an individual who investigates a person for the purpose of obtaining information
with reference to the following specific matters:69
Crimes or wrongdoings against the United States or any state or territory, when operating under
express authority of a governmental official;
The identity, habits, conduct, movement, and other characteristics of any society, person, or
group of persons;
The credibility of a witness or other person;
The whereabouts of a missing person, owner of unclaimed or escheated property, or heirs to an
estate;
The location or recovery of lost or stolen property;
The causes and origin of fires, libel, slander, losses, accidents, damage, or injuries to real or
personal property; or
Securing evidence to be used before an investigating committee or board, or in a civil or
criminal trial.
Class “G” Statewide Firearm License
A Class “G” license is a supplemental license that permits specific licensees to carry a firearm during
the course of their licensed, employment-related activity. A Class “G” license is available only to
individuals who currently hold one of the following licenses: private investigator (Class “C”), private
investigator intern (Class “CC”), security officer (Class “D”), private investigative or security agency
manager (Class “M”), private investigative agency manager (Class “MA”), or security agency manager
(Class “MB”).70 The “Class G” license must be renewed every 2 years.
Application and Training Requirements for Class “G” Licensees
An initial applicant for a Class “G” license must complete firearm training, which must include at least
28 hours of range and classroom training (range training must be 8 hours) that is administered by a
Class “K” licensee.71
66 S. 493.6101(19), F.S.; see also, DACS, Private Security Licenses, https://www.fdacs.gov/Business -Services/Private-Security-
Licenses (last visited Jan. 19, 2024).
67 S. 493.6102(1), F.S.
68 S. 493.6102(4), (13), F.S.
69 S. 493.6101(16), F.S. See also, DACS, Private Investigation (Dec. 2017), https://licensing.freshfromflorida.com/forms/P-01721.pdf
(last visited Jan. 19, 2024).
70 S. 493.6115(2), F.S.
71 S. 493.6105(5), F.S. See also R. 5N-1.132(1)(a), F.A.C.
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Class “G” licensees must annually complete 4 hours of firearms requalification training for each caliber
of firearm that he or she carries in the course of his or her duties. 72
A Class “G” licensee is subject to a biennial statewide firearm license fee of $112, but there is no
application fee.73 The applicant for a Class “G” license must submit a fingerprint processing ($42) and
retention ($10.75) fee, however—this fee is waived if the applicant has otherwise paid these fees for
any other license under ch. 493, F.S., within the last 6 months. 74
Regulation of Class “G” Licensees
A Class “G” licensee may only carry two firearms when performing his or her licensed duties. Unless
DACS grants specific approval otherwise, the types of weapons a Class “G” licensee may use are
limited to the following:
.38 caliber revolver;
.380 caliber or .9 mm semiautomatic pistol;
.357 caliber revolver used with .38 caliber ammunition;
.40 caliber handgun; or
.45 ACP handgun.75
If a Class “G” licensee discharges his or her firearm during the course of her or his duties, the licensee
must file an incident report with DACS.76
Class “G” licensees are subject to penalties, ranging from a fine to the suspension or revocation of their
license, for the following violations of administrative rule: 77
Conviction of, or adjudication of guilt withheld, on a crime directly related to the business for
which the license is held;
Improper exhibition of a firearm;
Careless or improper handling of a firearm resulting in a discharge;
Firing an unjustifiable warning shot while on duty;
Impersonating a law enforcement officer or government employee; and
Commission of an act of violence not in the lawful protection of one’s self or another.
Concealed Weapon and Firearm License
Florida is a “shall issue”78 state for applications for concealed weapon and firearm licenses. 79 DACS is
required to review and either issue or deny a license within 90 days of receiving an application. 80
DACS is required to issue a license, which expires after 7 years,81 if an applicant:
Is a citizen of the United States, permanent resident alien, or consular security official of a
foreign government;
Is 21 years of age or older;
Does not suffer from a physical infirmity which prevents the safe handling of a weapon or
firearm;
72 S. 493.6113(3)(b ), F.S.
73 R. 5N-1.116(2)(a)6. and (2)(c), F.A.C.
74 R. 5N-1.116(3)(a), F.A.C.
75 S 493.6115(6), F.S. See also, FDACS, Approved Firearms for Class “G” License Holders, https://www.fdacs.gov/Business -
Services/Private-Investigation-Licenses/Approved-Firearms-for-Class-G-License-Holders (last visited Jan. 19, 2024).
76 S 493.6115(9), F.S.
77 R. 5N-1.113, F.S. See also, s. 493.6118(1), F.S.
78 Generally, states issue a permit, or license, to carry a concealed weapon such as a firearm on either a “shall issue,” or “ma y issue”
basis. The key difference is that shall issue states must issue the permit or license if the applicant meets the requirements; whereas,
may issue states have much more discretion to deny an application even if the applicant meets the requirements under the law.
79 S. 790.06(2), F.S.
80 S. 790.06(6)(c), F.S.
81 S. 790.06(1), F.S.
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Has not been convicted of a felony;
Has not been found guilty of a controlled substances crime within the previous 3 years;
Has not been committed for the abuse of a controlled substance; 82
Does not suffer from chronic and habitual use of alcohol or other substances to the extent that
their normal faculties are impaired;83
Desires to carry a concealed weapon or firearm for lawful self-defense;
Demonstrates competency with a firearm;84
Has not been adjudicated as an incapacitated person;
Has not been committed to a mental institution;85
Has not had an adjudication of guilt withheld or a suspended sentence on a felony unless 3
years have elapsed since probation or any other conditions set by the court have been fulfilled,
or the record has been expunged;
Has not had an adjudication of guilt withheld or an imposition of sentence suspended on a
misdemeanor crime of domestic violence, unless 3 years have elapsed since probation or any
other conditions set by the court have been fulfilled, or the record has been expunged;
Has not been issued an injunction that is currently in force and effect that restrains that
applicant from committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or
federal law.86
DACS is required to suspend a license or the processing of an application for a license if the licensee
or applicant is arrested or formally charged with a crime that would disqualify such person from having
a license until final disposition of the case.87 The Department is also required to suspend a license or
the processing of an application for a license if the licensee or applicant is issued an injunction that
restrains the licensee or applicant from committing acts of domestic violence or acts of repeat
violence.88
Once obtained, the licensee must carry the license with valid identification at all times when the
licensee is in actual possession of a concealed weapon or firearm. 89 The license, however, “does not
authorize any person to carry a concealed weapon or firearm into” the following places:90
Any place of nuisance;91
Any police, sheriff, or highway patrol station;
Any detention facility, prison, or jail;
Any courthouse;
Any courtroom;92
Any polling place;
82 An applicant granted relief of firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been adjudicated mentally
defective or committed to a mental institution is deemed not to be committ ed for the abuse of a controlled substance.
83 The law presumes that a person chronically and habitually uses alcoholic beverages or other substances to the point of impair ment if
the applicant has been convicted of using a firearm while under the influence of alcoholic beverages, chemical substances, or
controlled substances or has been deemed a habitual offender of disorderly intoxication under s. 856.011(3), F.S., or has had two or
more convictions of driving under the influence within a 3-year period preceding the date which the application is submitted. See, s.
790.06(2)(f), F.S.
84 There are several methods of demonstrating competency with a firearm, including completion of a hunter education or safety co urse
approved by the Fish and Wildlife Conservation Commission, completion of any law enforcement firearms safety or training course,
or completion of firearms training safety courses using instructors certified by the National Rifle Association, Criminal Jus tice
Standards and Training Commission, or the Department.
85 An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been
adjudicated mentally defective or committed to a mental institution is deemed not to have been committed in a mental institution.
86 S. 790.06(2)(n), F.S.
87 S. 790.06(3), F.S.
88 Id.
89 S. 790.06(1), F.S.
90 S. 790.06(12)(a), F.S.
91 See s. 823.05, F.S., for an extensive description of places of nuisance.
92 However, judges may carry a concealed weapon and allow others to do so within their courtroom. Section 790.06(12)(a)5., F.S.
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Any meeting of the governing body of a county, public school district, municipality, or special
district;
Any meeting of the Legislature or a committee thereof;
Any school, college, or professional athletic event not related to firearms;
Any elementary or secondary school facility or administration building;
Any career center;
Any portion of an establishment licensed to dispense alcoholic beverages for consumption on
the premises, which portion of the establishment is primarily devoted to such purpose;
Any college or university facility;93
The inside of the passenger terminal and sterile area of any airport; or
Any place where the carrying of firearms is prohibited by federal law. 94
Appointment of Tax Collectors to Accept Applications for a Concealed Weapon or Firearm License
DACS is authorized to appoint tax collectors,95 to accept applications on behalf of the DOL for
concealed weapon or firearm licenses. A tax collector appointed under s. 790.0625, F.S., may collect
and retain a convenience fee of $22 for each new application and $12 for each renewal application.96
A tax collector seeking to be appointed must submit a written request to the DOL stating his or her
name, address, telephone number, each location within the county at which the tax collector wishes to
accept applications, and other information as required by the DOL.97
If the written request is approved by the DOL, the tax collector will be permitted to accept applications
for new or renewal concealed weapon or firearm licenses on behalf of DACS.98
A tax collector is prohibited from maintaining a list or record of persons who apply for or are granted a
new or renewal license to carry a concealed weapon or firearm.99 Upon receipt of a completed renewal
or replacement application, a new color photograph, and appropriate payment of required fees, an
authorized tax collector may, upon approval and confirmation of license issuance by DACS, print and
deliver a concealed weapon or firearm license to a licensee renewing his or her license at the tax
collector’s office.100
Solicitation of Contributions Act
The Division of Consumer Services (DCS) within DACS is the state’s clearinghouse for consum er
complaints, information and protection. The DCS regulates various businesses, including charitable
organizations. Organizations that intend to solicit donations in Florida are required to register with
DACS pursuant to the Solicitation of Contributions Act (SCA).101 The SCA contains basic registration,
financial disclosures, and notification requirements for charitable organizations and sponsors, 102
fundraising consultants, and solicitors.
Registration Statements
93 However, a “student, employee, or faculty member” may carry a stun gun or nonlethal electric weapon designed for defensive
purposes as long as the weapon does not fire a dart or projectile.
94 S. 790.06(12)(a)1.-15., F.S.
95 See s. Art. VIII, § 1(d), Fla. Const.
96 S. 790.0625(5), F.S.
97 S. 790.0625(3), F.S.
98 S. 790.0625(3)(a), F.S.
99 S. 790.0625(6)(a), F.S.
100 S. 790.0625(8), F.S.
101 See s. 496.401, F.S.
102 S. 496.404(25), F.S., provides that a sponsor is a group or person who is or holds itself out to be soliciting contributions by the use
of a name that implies that the group or person is in any way affiliated with or organized for the benefit of emergency service
employees or law enforcement officers and the group or person is not a charitable organization. The term includes a chapter, branch,
or affiliate that has its principal place of business outside the s tate if the chapter, branch, or affiliate solicits or holds itself out to be
soliciting contributions in the state.
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The SCA requires a charitable organization or sponsor, unless exempted pursuant to s. 496.406, F.S.,
which intends to solicit contributions to first file an initial registration statement, and a renewal
statement annually, with DACS.103
The SCA requires initial registration statements to be submitted to DACS and include a financial report,
a statement of the purpose of the charity, how donations will be used, names of individuals in charge of
solicitation activities, and proof of federal tax exempt status. The charity must also identify any
professional solicitors and fundraising consultants the charity will use, along with the terms of the
arrangements for compensation to be paid to the consultant and solicitor. The registration must include
a statement related to the charity’s activity in other states, including whether the charity is authorized to
operate in another state; whether the charity’s registration has been denied, suspended, or revoked in
another state; and whether the charity or any person associated with the charity has been subject to
any adverse administrative actions or criminal convictions in any state. 104
The following charitable organizations and sponsors are exempt from the registration requirements:
A person who is soliciting for a named individual;
A charitable organization or sponsor that limits solicitations of contributions to the membership
of the charitable organization or sponsor;
Any division, department, post, or chapter of certain veterans’ service organizations are exempt
from the registration requirements; or
A charitable organization that has less than $50,000 in total revenue so long as they did not
employ professional solicitors or have paid employees. 105
Before soliciting contributions, the charitable organization or sponsor claiming the exemption must
provide DACS with certain financial and identifying information including the name, address, and
telephone number of the charitable organization or sponsor, the name under which it intends to solicit
contributions, the purpose for which it is organized, and the purpose for which the contributions to be
solicited will be used.106
Financial Statements
A charitable organization or sponsor that is required to register or renew registration must file an annual
financial statement for the immediate preceding year with DACS. The statement must include:
A balance sheet;
A statement of support, revenue and expenses;
Names and addresses of any charities, professional fundraising consultants, professional
solicitors, and commercial co-ventures used and the amounts received from each of them; and
A statement of functional expenses that must include program service costs, management and
general costs, and fundraising costs.107
Upon the showing of good cause by a charitable organization or sponsor, is authorized to extend the
time for the filing of a financial statement by up to 180 days. 108
Disclosure Requirements of Charitable Organizations and Sponsors
Charitable organizations or sponsors can solicit contributions only for the purpose expressed in the
solicitation for contributions or the registration statement. The following disclosures must be included at
the point of solicitation:109
103 S. 496.405(1), F.S.
104 Section 496.405(2), F.S.
105 Section 496.406(1), F.S.
106 S. 496.406(2), F.S.
107 S. 496.407(1), F.S.
108 S. 496.407(3), F.S.
109 S. 496.411, F.S.
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The name of the organization or sponsor and principal place of business of the organization or
sponsor;
A description of the purpose for which the solicitation is being made;
The name and address or telephone number of a person to whom inquiries may be addressed;
The amount of the contribution which may be deducted from federal income tax; and
The source from which a written financial statement may be obtained.
Professional Fundraising Consultants
Professional fundraising consultants 110 are required to annually register and pay a $300 fee to DACS
before operating in Florida.111 Additionally, professional fundraising consultants who enter into
agreements with charities may do so only if the charity has complied with the SCA, and has obtained
approval from DACS of a registration statement.112
Applications for registration or renewal must be signed by an authorized official of the professional
fundraising consultant and must include certain identifying information such as:113
The names and residence addresses of all principals of the applicant, including all officers,
directors, and owners;
The form of the applicant’s business; and
The street address and telephone number of the principal place of business of the applicant and
any Florida street addresses if the principal place of business is located outside of Florida.
After receiving the registration statement, DACS has 15 business days to either approve the
registration or notify the consultant that the registration requirements are not satisfied. If, after 15 days
DCS is not notified by the consultant, the registration is deemed approved.114
Professional Solicitors
Professional solicitors 115 must annually register and pay a $300 fee to DACS before operating in
Florida.116 Information that must be provided for registration or renewal includes the following:117
The street address and telephone number of the business;
The form of the applicant’s business;
The place and date when the applicant was legally established;
The names and residence addresses of all principals, including officers, directors, and owners ,
and
A list of all telephone numbers to be used by the applicant to solicit contributions as well as the
physical address associated with each telephone number.
After receiving the registration statement, DACS has 15 business days to either approve the
registration or notify the solicitor that the registration requirements are not satisfied. If, after 15 days
DACS has not notified the solicitor, the registration is deemed approved. 118
110 S. 496.404(20), F.S., provides that a professional fundraising consultant is a person retained by a charitable organization o r sponsor
for a fixed fee or rate under a written agreement to plan, manage, conduct, carry on, advise, con sult, or prepare material for a
solicitation of contributions in Florida but who does not solicit contributions or employ, procure, or engage any compensated person to
solicit contributions and who does not at any time have custody or control of contributions.
111 S. 496.409(1),(3), F.S.
112 See s. 496.409(6), F.S.
113 S. 496.409(2), F.S.
114 S. 496.409(6), F.S.
115 S. 496.404(21), F.S., provides that a professional solicitor is a person who, for compensation, performs for a charitable org anization
or sponsor a service in connection with which contributions are or will be solicited in, or from a location in, Florida by the
compensated person or by a person it employs, procures, or otherwise engages, directly or indirectly, to solicit contribution s, or a
person who plans, conducts, manages, carries on, advises, consults, directly or indirectly, in connection with the solicitation of
contributions for or on behalf of a charitable organization or sponsor but who does not qualify as a professional fundraising consultant.
116 S. 496.410, F.S.
117 S. 496.410(2), F.S.
118 S. 496.410(5), F.S.
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Solicitors must also file a solicitation notice with DACS at least 15 days before beginning a solicitation
campaign or event. The notice must include identifying information including residence addresses. 119
During each solicitation campaign, and for not less than three years after its completion, the solicitor
must maintain certain records including addresses of contributors and employees involved in the
solicitation.120 Additionally, if solicitors sell tickets to events and represents that the tickets will be
donated for use by another person, the solicitor must maintain records including addresses of
contributors and of organizations that receive the donated tickets. 121
A solicitor license must be obtained from DACS by each officer, director, trustee, or owner of a
professional solicitor and any employee of a professional solicitor conducting telephonic solicitations
during which a donor’s or potential donor’s personal financial information is requested or provided is
required. Among other information, the license application must include the name, home address, date
of birth, and identification number of a government-issued ID of the applicant.122
Collection Receptacles for Donations
The SCA defines a “collection receptacle” as a receptacle used to collect donated clothing, household
items, or other goods for resale.123 The SCA requires all collection receptacles for donations to display
a permanent sign on each side of the receptacle. For receptacles used by a charity required to register
under ch. 496, F.S., the sign must provide the name, address, telephone number, and registration
number of the charity.124
Solicitation of Funds within Public Transportation Facilities
Any person wanting to solicit funds within a public transportation facility125 must obtain a written permit
from the authority responsible for the administration of the facility.126 The application for the permit
submitted to the authority must “set forth” the:127
Full name, mailing address, and telephone number of the person or organization;
Full name, mailing address, and telephone number of each person participating in the activity as
well as the person in charge of the activity;
A description of the proposed activities;
Dates and hours of the activities; and
Number of persons engaged in such activities.
While conducting the activities, each solicitor must display prominently a badge or insignia provided by
the authority that describes the solicitor by name, age, height, weight, eye color, hair color, address,
and principal occupation and indicating the name of the organization for which the funds are
solicited.128
Cultivated Meat
119 S. 496.410(6), F.S.
120 S. 496.410(10), F.S.
121 S. 496.410(11), F.S.
122 S. 496.4101, F.S.
123 S. 496.4121(1), F.S.
124 S. 496.4121(2)(a), F.S.
125 S. 496.425(1)(b), F.S., defines “facility” as any public transportation facility, including, but not limited to, railroad sta tions, bus
stations, ship ports, ferry terminals, roadside welcome stations, highway service plazas, airports served by scheduled passenger
service, or highway rest stations.
126 See s. 496.425, F.S.
127 S. 496.425(2), F.S.
128 S. 496.425(6), F.S.
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The US Department of Agriculture (USDA) describes human food made with cultured animal cells as
the ability to take a small number of cells from living animals and grow them in a controlled environment
to create food.129 The USDA summarizes the process of making cultured meat below:
Step 1: Scientists typically start with a sample of cells from the tissue of an animal or fish, a
process that typically does not permanently harm or kill the animal. Some cells from the sample
are selected, screened, and grown to make a “bank” of cells to store for later use.
Step 2: To make food, a small number of cells are taken from the cell bank and placed in a
tightly controlled and monitored environment (e.g., a very large, sealed vessel) that supports
growth and cellular multiplication by supplying appropriate nutrients and other factors.
Step 3: After the cells have multiplied many times over into billions or trillions of cells, additional
factors (e.g., protein growth factors, new surfaces for cell attachment, additional nutrients) are
added to the controlled environment to enable the cells to differentiate into various cell types
and assume characteristics of muscle, fat, or connective tissue cells.
Step 4: Once the cells have differentiated into the desired type, the cellular material can be
harvested from the controlled environment and prepared using conventional food processing
and packaging methods.130
In 2019 the US Food and Drug Administration (FDA) and the USDA’s Food Safety and Inspection
Service agreed to establish a joint regulatory framework for human foods made from cultured cells of
livestock and poultry to help ensure that any such products brought to market are safe, unadulterated,
and truthfully labeled.131
As of 2024, there are currently several states that have laws related to the proper labeling of meat and
lab grown meat products.132 However, wide adoption of the creation of meat at the cellular level is not
expected to happen soon. Reasons for this include, the product is expensive to create, scientific
challenges regarding simulating the complex structure of meat, and government regulations. According
to reports, “while many people who have tried it say they like it, others find the idea distasteful. A recent
poll from The Associated Press-NORC Center for Public Affairs Research found that half of adults in
the meat-hungry U.S. would be unlikely to try it. A majority of those who said they wouldn’t said “it just
sounds weird.”133
Recently, there have been efforts by proponents of cultivated meats to reduce carbon emissions of the
US livestock industry by increasing the amount of cultivated meat that is eaten. Bill Gates, an investor
in such companies as Beyond Meats, Carbon Engineering, Impossible Foods, Memphis Meats,
promotes production and consumption of cultivated meats. According to Gates, “I do think all rich
countries should move to 100% synthetic beef. You can get used to the taste difference.” 134
Household Moving Services
Chapter 507, F.S., is the chapter of Florida law governing Household Moving Services (Moving Law).
The Moving Law defines:
“Mover” as a person who, for compensation, contracts for or engages in the loading,
transportation or shipment, or unloading of household goods as part of a household move. The
term does not include a postal, courier, envelope, or package service that does not advertise
itself as a mover or moving service. 135
129 USDA, Human Food Made with Cultured Animal Cells, https://www.fsis.usda.gov/inspection/compliance-
guidance/labeling/labeling-policies/human-food-made-cultured-animal-cells (last visited January 19, 2024).
130 Id.
131 Id.
132 Penn State Law, Scope of the Meat Labeling Law Issue Tracker, available at, https://aglaw.psu.edu/research-by-topic/issue-
tracker/meat-labeling-law-2018-present/ (last visited January 19, 2024).
133 Associated Press, Meat Without Animals, https://projects.apnews.com/features/2023/the-protein-problem/lab-grown-cultivated-
meat/index.html (last visited Jan. 19, 2024).
134 Massachusetts Institute of Technology, MIT Technology Review, Bill Gates: Rich nations should shift entirely to synthetic beef,
https://www.technologyreview.com/2021/02/14/1018296/bill-gates-climate-change-beef-trees-microsoft/ (last visited Jan. 19, 2024).
135 S. 507.01(9), F.S.
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“Moving broker” as a person who, for compensation, arranges for another person to load,
transport or ship, or unload household goods as part of a household move or who, for
compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet
website, or other means. 136
“Shipper” as a person who uses the services of a mover to transport or ship household goods
as part of a household move.137
The Moving Law provides requirements that household movers must comply with in order to operate,
including:
Registration.138
Required insurance coverages.139
Estimates and contracts for service.140
Requirements for delivery and storage of goods.141
The Moving Law makes the following acts a violation:
To conduct business, or advertise to engage in the business of moving, without being
registered.
To knowingly make any false statement, representation, or certification in any application,
document, or record required to be submitted or retained.
To misrepresent or deceptively represent:
o The contract for services, bill of lading, or inventory of household goods for the move
estimated.
o The timeframe or schedule for delivery or storage of household goods estimated.
o The price, size, nature, extent, qualities, or characteristics of accessorial or moving
services offered.
o The nature or extent of other goods, services, or amenities offered.
o A shipper’s rights, privileges, or benefits.
To fail to honor and comply with all provisions of the contract for services or bill of lading
regarding the purchaser’s rights, benefits, and privileges thereunder.
To withhold delivery of household goods or in any way hold goods in storage against the
expressed wishes of the shipper if payment has been made as delineated in the estimate or
contract for services.
To include in any contract any provision purporting to waive or limit any right or benefit provided
to shippers.
To seek or solicit a waiver or acceptance of limitation from a shipper concerning rights or
benefits.
To use a local mailing address, registration facility, drop box, or answering service in the
promotion, advertising, solicitation, or sale of contracts, unless the mover’s, and, if applicable,
the moving broker’s, fixed business address is clearly disclosed during any telephone
solicitation and is prominently and conspicuously disclosed on all solicitation materials and on
the contract.
To commit any other act of fraud, misrepresentation, or failure to disclose a material fact.
To refuse or fail, or for any of the mover’s or broker’s principal officers to refuse or fail, after
notice, to produce any document or record or disclose any information required to be produced
or disclosed.
To knowingly make a false statement in response to any request or investigation by the
department, the Department of Legal Affairs, or the state attorney.
For a moving broker to enter into a contract or agreement for moving, loading, shipping,
transporting, or unloading services with a mover who is not registered with the department
pursuant to this chapter.
136 S. 507.01(10), F.S.
137 S. 507.01(12), F.S.
138 S. 507.03, F.S.
139 S. 507.04, F.S.
140 S. 507.05, F.S.
141 S. 507.06, F.S.
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For a mover to enter into a contract or agreement for moving, loading, shipping, transporting, or
unloading services with a moving broker who is not registered with the department pursuant to
this chapter.
For a mover or a moving broker to knowingly refuse or fail to disclose in writing to a customer
before a household move that the mover, or an employee or subcontractor of the mover or
moving broker, who has access to the dwelling or property of the customer, including access to
give a quote for the move, has been convicted of a felony listed in s. 775.21(4)(a)1. or convicted
of a similar offense of another jurisdiction, regardless of when such felony offense was
committed.
Penalties for violations of the Moving Law, can include penalties under the Florida Deceptive and Unfair
Trade Practices Act.142 DACS is also authorized to do the following if it finds a violation:143
Issue a notice of noncompliance under s. 120.695, F.S.
Impose an administrative fine in the Class II category pursuant to s. 570.971 for each act or
omission. However, DACS must impose an administrative fine in the Class IV category for each
violation of s. 507.07(9), if it does not seek a civil penalty for the same offense.
Direct that the person cease and desist specified activities.
Refuse to register or revoking or suspending a registration.
Place the registrant on probation, subject to the conditions specified by DACS.
It is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S., for a
mover or a mover’s employee, agent, or contractor to refuse to comply with an order from a law
enforcement officer to relinquish a shipper’s household goods after the officer determines that the:
Shipper has tendered payment of the amount of a written estimate or contract; or
Mover did not produce a signed estimate or contract upon which demand is being made for
payment.
Sunset of Weights and Measures Act
Chapter 531, F.S., the “Weights and Measures Act of 1971” (WMA) is the chapter of Florida law which
governs the methods and devices that monitor the accuracy of Florida's gas pumps, scales, price
scanners, and other commercial weighing and measuring devices to promote a fair and equitable
marketplace and protect consumers.144
The DACS Bureau of Standards is responsible for the inspection of weights and measures devices or
instruments in Florida.145 “Weights and measures” are defined as all weights and measures of every
kind, instruments, and devices for weighing and measuring, and any appliance and accessories
associated with any or all such instruments and devices, excluding taximeters, transportation
measurement systems, and those weights and measures used for the purpose of inspecting the
accuracy of devices used in conjunction with aviation fuel. 146 The weights and measures program is
funded through permit fees.147
The WMA, including provisions related to general permitting, initial and renewal applications, maximum
permit fees, suspensions, penalties, revocations, and exemptions, is set to expire on July 1, 2025.148
Motor Vehicle Repair Shop Registration and Written Repair Estimates
142 S. 507.08, F.S.
143 S. 507.09, F.S.
144 Florida Department of Agriculture and Consumer Services, Weights and Measures, https://www.fdacs.gov/Business -
Services/Weights-and-Measures (last visited Jan. 18, 2024).
145 Ch. 531, F.S. “Weights and Measures Act of 1971”
146 S. 531.37(1), F.S.
147 S. 531.63, F.S.
148 S. 531.67, F.S.
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Chapter 59, part IX, the “Florida Motor Vehicle Repair Act” (MVRA) is the chapter of Florida law that
governs the registration of motor vehicle repair shops in Florida. The MVRA requires anyone who is
paid to repair motor vehicles owned by other individuals to register with DACS.149 Registration
applications must include the:
Name of the applicant;
Name under which the applicant is doing business;
Business address; copies of all licenses, permits, and certifications; and
Number of employees which the applicant intends to employ or currently employed. 150
Each application must be accompanied by a registration fee calculated on a per-year basis.151
For repairs costing more than $100, repair shops are required to prepare a written repair estimate that
includes the estimated cost of repair work, including diagnostic work, before beginning any diagnostic
work or repair. The repair shop must then give the customer the option of:
Requesting a written estimate;
Being notified by the shop if the repair exceeds an amount the customer specifies; or
Not requiring a written estimate at all. 152
Florida Agricultural Museum
The Florida Agricultural Museum was established in 1983 by a group of concerned agriculturalists and
historians at the request of Agricultural Commissioner Doyle Conner to help preserve this important
part of Florida’s heritage.153 Originally located in Tallahassee, the museum was part of DACS.154 The
Museum, now located in Flagler County, is a private non-profit 501(c)(3) corporation led by a board of
trustees.155
The Florida Agricultural Museum is designated as the museum of agriculture and rural history of the
State of Florida and is established within DACS.156 DACS is authorized to establish direct support
organizations in order to provide assistance, funding, and promotion support for the programs of DACS,
including support for the Florida Agricultural Museum.157
Saw Palmetto Berries
Saw palmetto berries collected from forests in Florida and Georgia are the most abundantly harvested
medicinal non-timber forest products (NTFPs) in terms of dry weight. Saw palmetto berries are the fruit
of a commonly occurring understory plant in Florida flatwoods. They are the source of certain medicinal
compounds used in Native American, herbal and alternative medical treatments for prostate and other
urologic conditions.158
Effective July 2018, DACS requires a permit to harvest and sell saw palmetto berries in Florida. 159 The
Endangered Plant Advisory Council unanimously recommended adding saw palmetto to the FDACS
149 S. 559.904, F.S.
150 S. 559.904(1), F.S.
151 S. 559.904(3), F.S.
152 S. 559.905, F.S.
153 Florida Agricultural Museum, About the Museum, https://www.floridaagmuseum.org/about-the-museum/ (last visited January 19,
2024).
154 Id.
155 Id.
156 S. 570.692, F.S.
157 S. 570.691, F.S.
158 Florida Department of Agriculture and Consumer Services, Non-Timber Forest Products (NTFP): Additional Potential Revenue
Sources for Forest Landowners, https://www.fdacs.gov/Forest-Wildfire/Our-Forests/Working-Forest/Non-Timber-Forest-Products-
NTFP (last visited January 19, 2024).
159 Florida Department of Agriculture and Consumer Services, Saw Palmetto Berry Harvesting, https://www.fdacs.gov/Agriculture-
Industry/Plant-Industry-Permits/Saw-Palmetto-Berry-Harvesting (last visited January 19, 2024).
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commercially exploited plant list.160 There is no application fee to apply for a permit. The permit expires
twelve months after the date of issuance and is not transferable.161
According to reports, saw palmetto berries have been used as a natural remedy for centuries, which
makes them valuable. Unfortunately, that also makes them a tempting target for thieves. Recently, the
problem has been growing in Florida. For example, the Indian River County Sheriff’s Office recently
apprehended more than a dozen people stealing hundreds of pounds of these berries from private
property and government land.162
Livestock
The DACS Division of Animal Industry (DAI) is responsible for enforcing animal health regulations in
Florida and protecting the state from animal pests and diseases. 163 District veterinarians and animal
health inspectors throughout the state work with producers, animal owners and private veterinarians to
monitor and enhance the health and welfare of Florida's animals. 164
Under Florida's Comprehensive Emergency Management Plan, the DAI serves as the lead agency for
animal and agricultural issues, planning and coordinating the state's response to emergencies ranging
from hurricanes to animal disease outbreaks.165
Chapter 585, part II, F.S., relating to disease, inspection, control, and eradication of animal diseases,
authorizes the DAI to:166
Establish, maintain, and enforce quarantine areas within the state, or the entire state.
Adopt, amend, repeal, and enforce rules governing the:
o Introduction of animals into or within the state, which rules, when deemed necessary by
the department, may require that all animals moved into the state be covered by an
official certificate of veterinary inspection and requisite test chart approved by the chief
livestock regulatory official of the state or country of origin; and
o Disposal or destruction of carcasses of animals which are condemned or die from or
while afflicted with any contagious, infectious, or communicable disease, in such manner
as to prevent the spread or continuance of the contagion or infection.
Condemn and destroy any animal affected with any contagious, infectious, or communicable
disease, or which has been exposed to and is liable to spread any contagious, infectious, or
communicable disease.
Condemn and destroy any barn, yard, shed, corral, or pen which, in the opinion of the
department, is liable to convey infection or contagion.
Condemn and destroy any animal that is liable to spread any contagious, infectious, or
communicable disease based upon sound epidemiological facts and conclusions to prevent the
further spread of disease when a state or agricultural declaration of emergency has been
declared by the Governor or the Commissioner of Agriculture.
This law defines “livestock” as grazing animals, such as cattle, horses, sheep, swine, goats, other
hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial
purposes.167 The definition does not include poultry.
Trespassing on Agricultural Land
160 Id.
161 Id.
162 Dylan Huberman, Berry Burglars: Saw palmetto berry theft increases as thieves eye lucrative natural remedy , 12News,
https://cbs12.com/news/local/saw-palmetto-berries-berry-burglars-thieves-targeting-saw-palmetto-berries-in-indian-river-county-
sheriffs-office-destroying-property-to-steal-them-lucrative-natural-remedy-september-28-2023 (last visited Jan. 19, 2024).
163 S. 570.36, F.S.
164 Florida Department of Agriculture and Consumer Services, Division of Animal Industry, https://www.fdacs.gov/Divisions -
Offices/Animal-Industry (last visited Jan. 19, 2024).
165 S. 252.3569, F.S.
166 S. 585.08, F.S.
167 S. 585.01(13), F.S.
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Agricultural Lands
Under Florida’s greenbelt law,168 only lands that are used primarily for bona fide agricultural purposes
may be classified agricultural. The law defines “bona fide agricultural purposes” to mean good faith
commercial agricultural use of the land.169 Various factors are considered when determining if land is
being used for a bona fide agricultural use, including:170
The length of time the land has been so used;
Whether the use has been continuous;
The purchase price paid;
Size, as it relates to specific agricultural use, but a minimum acreage is not required;
Whether an indicated effort has been made to care sufficiently and adequately for the land in
accordance with accepted commercial agricultural practices; and
Whether the land is leased and, if so, the effective length, terms, and conditions of the lease.
Nonresidential buildings, structures, or facilities constructed on a farm for agritourism activities
constitute a bona fide agricultural use of the land so long as the buildings, structures, or facilities are an
integral part of the agricultural operation.171
Criminal Trespass
Any person who, without being authorized, licensed, or invited, willfully enters upon or remains in any
property, other than a structure or conveyance, as to which notice against entering or remaining is
given in the form of “no trespassing signs” or other such postings commits the offense of trespass on
property other than a structure or conveyance.172 The unauthorized entry by any person into or upon
any enclosed and “posted land” is prima facie evidence of the intent to commit trespass. 173 The offense
is a first-degree misdemeanor,174 punishable by up to one year in county jail175 or a fine up to $1,000.176
Posted lands are lands that have signs posted not more than 500 feet apart along, and at each corner
of, the boundaries of the land.177 Such signs must have “no trespassing” in letters not less than 2
inches with the name of the owner, lessee, or occupant of the land on the sign. 178 No trespassing signs
must be posted so they are in a position that is clearly noticeable from the outside boundary line 179 or
there may be a conspicuous no trespassing notice painted on the trees or posts on the property with
certain specifications.180 Such notices are not necessary on any enclosed lands or lands not exceeding
five acres in an area on which there is a dwelling house. 181
Any person who willfully removes, destroys, mutilates, or commits any act designed to remove,
mutilate, or reduce the legibility or effectiveness of any posted notice placed by the owner, tenant,
168 S. 193.461, F.S.
169 S. 193.461(3)(b), F.S.
170 Id.
171 S. 570.87(1), F.S.
172 S. 810.09(1)(a)1., F.S.
173 S. 810.12(1), F.S.
174 S. 810.09(2)(a), F.S.
175 S. 775.082(4)(a), F.S.
176 S. 775.083(1)(d), F.S.
177 S. 810.011(5)(a)1., F.S.
178 Id.
179 Id.
180 Section 810.011(5)(a)2.a., F.S. Notices painted on trees or posts must be painted in an international orange color and display the
stenciled words “No Trespassing” in letters no less than two inches high and one inch wide, placed so the bottom of the paint ed notice
is not less than three feet from the ground or more than five feet from the ground and placed at locations that are readily v isible to any
person approaching the property and no more than 500 feet apart on agricultural land. A person using such sig ns must still post “no
trespassing” signs at all places where entry to the property is normally expected.
181 S. 810.011(5)(b), F.S.
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lessee, or occupant of legally posted land commits a first-degree misdemeanor,182 punishable by up to
one year in county jail183 or a fine up to $1,000.184
Public School Attendance Policies
Florida law directs district school boards to establish attendance policies defining excused or
unexcused absences or tardiness.185 Specific criteria for determining whether an absence or tardiness
is excused or unexcused are determined by the district school board. 186 The parent of a student who is
absent from school must justify the absence, and the absence is evaluated based on the school
board’s attendance policies.187 However, a parent is not responsible for the student’s nonattendance at
school if:
The absence was with permission of the head of the school;
The absence was without the parent’s knowledge, consent, or connivance, in which case the
student must be dealt with as a dependent child;
The parent is financially unable to provide necessary clothes; or
On account of sickness, injury, or other insurmountable conditions. 188
4-H Youth Development Program
The 4-H Youth Development Program (4-H) is the youth outreach program from the land-grant
universities’ Cooperative Extension Services and the USDA. Its name is a reference to the occurrence
of the initial letter H four times in the organization's original motto “head, heart, hands, and health.” The
organization is administered by the National Institute of Food and Agriculture of the USDA. 189
The mission of 4-H is to provide meaningful opportunities for all youth and adults to work together to
create sustainable community change. This is accomplished within three primary content areas, or
mission areas:190
Civic engagement and leadership.
Healthy living.
Science.
Though typically thought of as an agriculturally focused organization, 4-H today focuses on citizenship,
healthy living, science, engineering, and technology programs. Clubs in today's 4-H world consist of a
wide range of options each allowing for personal growth and career success.191 There are
approximately 230,000 4-H members in Florida and 6.5 million in the US. Florida 4-H is the youth
development program of Florida Cooperative Extension, a part of the University of Florida Institute of
Food and Agricultural Sciences (IFAS).192
Future Farmers of America
The Future Farmers of America (FFA) National FFA Organization is a youth leadership organization
that helps young people develop their potential for leadership, personal growth, and career succ ess
through agriculture education. The FFA motto is “learning to do, doing to learn, earning to live, living to
serve.”193
182 S. 810.10(1)-(2), F.S.
183 S. 775.082(4)(a), F.S.
184 S. 775.083(1)(d), F.S.
185 S. 1003.24, F.S.
186 Id.
187 S. 1003.26, F.S.
188 S. 1003.24, F.S.
189 USDA, 4-H and Positive Youth Development, https://www.nifa.usda.gov/grants/programs/4-h-positive-youth-development (last
visited Jan. 19, 2024).
190 Id.
191 Washington State University, 4-H Youth Development, https://extension.wsu.edu/island/youth/ (last visited Jan. 19, 2024).
192 Florida 4-H, What is 4-H?, https://florida4h.ifas.ufl.edu/about-us/ (last visited January 9, 2024).
193 FFA, About FFA, https://www.ffa.org/about/ (last visited Jan. 19, 2024).
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FFA is an intracurricular student organization for those interested in agriculture and leadership. It is one
of the three components of agricultural education. The official name of the organization is the National
FFA Organization. The letters “FFA” stand for Future Farmers of America.194
The Florida FFA Association is governed by a board of directors comprised of teachers and students,
charters local chapters and provides direction, program materials, and support for local chapters. Its
headquarters are in Gainesville, Florida, and its Leadership Training Center is located in Haines City,
Florida. There are approximately 26,000 Florida FFA members.195
Effect of Proposed Changes
Electric Vehicle Charging Stations
The bill:
Preempts the regulation of electric vehicle charging stations to the state.
Prohibits a local governmental entity from enacting or enforcing an ordinance or regulation
related to electric vehicle charging stations.
Pest Control
Pest Control Operator’s Certificate
The bill provides an expiration date of the pest control operator’s certificate and amends requirements
for its renewal, as follows:
Specifies that a pest control operator’s certificate expires 1 year after the date of issuance.
Requires the certificateholder to apply to DACS for renewals on or before the 1 year
anniversary of the date of issuance.
Expands the 30 day grace period for renewals to 60 days.
Specifies that DACS is required to assess the late renewal charge.
Specifies that the “certificateholder” must “pay the late renewal charge” in addition to the
renewal fee.
Provides that if a certificateholder fails to renew his or her certificate and provide proof of
completion of the required continuing education within 60 days after the certificate's expiration
date, the certificateholder may be recertified only after reexamination.
Removes the provision that requires a certificate that is not timely renewed to automatically
expire 180 calendar days after the anniversary renewal date.
Removes the provision that requires the 2 hours of continuing education to be completed prior
to the expiration date of a certificate and instead only requires the continuing education in order
to renew a certificate.
Special Identification Card for Fumigation
The bill provides an expiration date of the special identification card for fumigation and amends
requirements for its renewal, as follows:
Specifies that a special identification card expires 1 year after the date of issuance.
Requires the cardholder to apply to DACS for renewals on or before the 1 year anniversary of
the date of issuance.
Expands the 30 day grace period for renewals to 60 days.
Specifies that the late charge must be paid by the “cardholder” in addition to the renewal fee.
Provides that if a cardholder fails to renew his or her card and provide proof of completion of the
required continuing education within 60 days after the card’s expiration date, the cardholder
may be reissued a special identification card only after reexamination.
194 Id.
195 Florida FFA, Who We Are, https://flaffa.org/foundation/about-us/ (last visited Jan. 19, 2024).
STORAGE NAME: h1071.RRS PAGE: 25
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Removes the provision that requires a card that is not timely renewed to automatically expire
180 calendar days after the anniversary renewal date.
Removes the provision that requires the 2 hours of continuing education or renewal training to
be completed prior to the expiration date of a card and instead only requires this in order to
renew a certificate.
Limited Certification of Government Pesticide Applicators or Private Applicators
The bill provides an expiration date of the limited certification for governmental pesticide applicators or
private applicators and amends requirements for its renewal, as follows:
A limited certificate expires 4 years after the date of issuance.
If the certificateholder fails to renew his or her certificate and provide proof of completion of the
required continuing education units within 60 days after the expiration date, the certificateholder
may be recertified only after reexamination.
Limited Certification of Commercial Landscape Personnel
The bill authorizes individual commercial landscape maintenance personnel to apply herbicides in
certain areas and to use certain pesticides. The bill also sets the expiration date of the limited
certification for commercial landscape maintenance personnel and amends requirements for its
renewal. Specifically, the bill:
Authorizes individual commercial landscape maintenance personnel to apply herbicides for
controlling weeds in additional areas, including, driveways, sidewalks, and patios.
Authorizes individual commercial landscape maintenance personnel to perform integrated pest
management on ornamental plants using pesticides, instead of insecticides and fungicides, and
allows this for pesticides that both do and do not have the signal word “warning” or “danger” on
the label.
Revises the application equipment that may be used by:
o Removing authorization to use 3 gallon compressed air sprayers, and instead allowing
handheld application equipment.
o Removing the requirement that backpack sprayers have no more than a 5 gallon
capacity.
o Specifies that the prohibition the use of power equipment applies to any type of such
equipment.
Removes the provision that requires each person applying for the certification to furnish proof of
having a certificate of insurance prior to DACS issuing a limited certification, and instead only
requires this before DACS issues the card.
Removes the requirement for an applicant to complete 6 classroom hours of plant bed and
ornamental continuing education training in order to be eligible to take the examination.
Specifies that a certificate expires 1 year after the date of issuance.
Requires a certificateholder to apply to DACS to renew his or her certificate on or before the 1-
year anniversary of the date of issuance.
Extends the 30 day grace period for recertification to 60 days.
Requires a certificateholder who fails to renew his or her certificate and provide proof of
completing the required continuing education units within 60 days after the expiration date, to be
recertified only after reexamination.
Removes the requirement for a certificate to automatically expire 180 calendar days after the
anniversary recertification date if not timely recertified.
Removes the provision requiring a certificate holder to maintain records documenting the pests
and areas treated, and the methods and materials applied.
Limited Certification for Commercial Wildlife Management Personnel
The bill provides an expiration date of the limited certification for commercial wildlife management
personnel and amends requirements for its renewal, as follows:
Specifies that a certificate expires 1 year after the date of issuance.
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Requires a certificateholder to apply to the department to renew his or her certificate on or
before the 1-year anniversary of the date of issuance.
Extends the 30 day grace period for recertification to 60 days.
Requires a certificateholder who fails to renew a certificate and provide proof of completing the
required continuing education units within 60 days after the expiration date, to be recertified
only after reexamination.
Removes the requirement that a certificate automatically expire 180 days after the recertification
date if the renewal fee has not been paid.
Violations for False Statements on Applications and Cheating on Exams
The bill provides the following additional disciplinary grounds related to licensure or licensure renewal
applications under the Pest Control Act:
Swearing to or affirming a false statement in an application for a license.
Cheating on an examination required for licensure or violating a published test center or
examination procedure provided orally, in writing, or electronically at the test site and
affirmatively acknowledged by the examinee.
The bill:
Prohibits swearing to or affirming a false statement in an application for a license or certificate
issued pursuant to the Pest Control Act.
o Specifies that a false statement contained in an application for such license or certificate
renders the application, license, or certificate void.
Prohibits cheating on an examination required for licensure or violating a published test center
or examination procedure provided orally, in writing, or electronically at the test site and
affirmatively acknowledged by an examinee.
o Specifies that violations render the examinee's exam attempt void.
Requires DACS to adopt rules establishing penalties for examinees who are in violation.
Authorizes DACS to exercise discretion in assessing penalties based on the nature and
frequency of the violation.
Wood-destroying Organism Preventative or Control Contracts
The bill requires that a signed report be supplied to the property owner after each inspection or
treatment for the presence or absence of wood destroying organisms.
Florida Pesticide Law
Violations for False Statements on Applications and Cheating on Exams
The bill prohibits pesticide applicator license applicants from swearing or affirming a false statement on
an application. This provision also prohibits cheating on an examination required for licensure.
Specifically, the bill prohibits:
Swearing to or affirming a false statement in an application for a license.
Cheating on an examination required for licensure or violating a published test center or
examination procedure provided orally, in writing, or electronically at the test site and
affirmatively acknowledged by the examinee.
The bill:
Prohibits swearing to or affirming a false statement in an application for a license or certificate.
o Specifies that a false statement contained in an application for such license or certificate
renders the application, license, or certificate void.
Prohibits cheating on an examination required for licensure or violating a published test center
or examination procedure provided orally, in writing, or electronically at the test site and
affirmatively acknowledged by an examinee.
o Specifies that violations render the examinee's exam attempt void.
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Requires DACS to adopt rules establishing penalties for examinees who are in violation.
Authorizes DACS to exercise discretion in assessing penalties based on the nature and
frequency of the violation.
Firearm Licensing
The bill provides that a Class “K” instructor has discretion to allow a Class “G” licensee to qualify for up
to two calibers of firearms in one 4-hour firearm requalification class if the licensee successfully
completes training for each firearm, including a separate course of fire for each caliber of firearm.
Appointment of Tax Collectors for Licenses Issued Under Ch. 493, F.S.
The bill:
Authorizes DACS to appoint tax collectors, county officers as described in s. 1(d), Art. VIII of the
State Constitution, to accept new, renewal, and replacement license applications on behalf of
DACS for licenses issued under ch. 493, F.S. Such appointments must be for specified
locations that will best serve the public interest and convenience in persons applying for these
licenses.
Requires DACS to establish by rule the type of new, renewal, or replacement licenses a tax
collector appointed under this section is authorized to accept.
Requires a tax collector seeking to be appointed to submit a written request to DACS stating his
or her name, address, telephone number, each location within the county at which the tax
collector wishes to accept applications, and other information as required by DACS.
Requires DACS to review each written request upon receipt.
Authorizes DACS to decline to enter into a memorandum of understanding, or may approve the
written request and enter into a memorandum of understanding with the tax collector to accept
applications for new or renewal licenses on behalf of the Department. However, the Department
may rescind a memorandum of understanding for any reason at any time.
Provides that information and records provided pursuant to ss. 493.6105 and 493.6113, F.S.,
remain confidential pursuant to s. 493.6122, F.S., or any other state or federal law.
Prohibits any person from handling an application for a license issued under ch. 493, F.S., for a
fee or compensation of any kind unless he or she has been appointed by DACS to do so.
Authorized an appointed tax collector to collect and retain the following convenience fees:
o $22 for each new application.
o $12 for each renewal application.
o $12 for each replacement license.
o $9 for fingerprinting services associated with the completion of an application submitted
online or by mail.
o $9 for photographing services associated with the completion of an application
submitted online or by mail.
Requires, each week, the tax collector to remit the license fees to DACS to be deposited in the
Division of Licensing Trust Fund.
Provides that a person who willfully violates these provisions commits a second degree
misdemeanor.
Provides that upon receipt of a completed renewal or replacement application, a new color
photograph, and appropriate payment of required fees, an authorized tax collector may, upon
approval and confirmation of license issuance by DACS, print and deliver a license to a licensee
renewing or replacing his or her license at the tax collector’s office.
Appointment of Tax Collectors to Accept Applications for Concealed Weapon or Firearm
License
The bill:
Provides that a tax collector appointed under s. 790.0625, F.S., may collect and retain:
o $12 for each replacement license.
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o $9 for fingerprinting services associated with the completion of an application submitted
online or by mail.
o $9 for photographing services associated with the completion of an application submitted
online or by mail.
Clarifies that a tax collector is authorized to accept renewal applications from an applicant for
the renewal of a concealed weapon or firearm license.
Provides that if an applicant is approved by DACS and completes a renewal application,
provides a color photograph, and pays the required fees, then the tax collector is authorized to
print and deliver a concealed weapon or firearm license to a licensee renewing his or her
license at the tax collector’s office.
Authorizes a tax collector to print and deliver a concealed weapon or firearm license to a
licensee whose license has been lost or destroyed if a statement is received by DACS made
under oath and payment of the required fees is received. The Department must confirm and
approve that the aforementioned license is in good standing. Additionally, a tax collector who is
authorized to accept an application for a concealed weapon or firearm license may provide
fingerprinting and photographing services to aid concealed weapon and firearm applicants and
licensees with initial and renewal applications submitted online or by mail.
Solicitation of Contributions Act
The bill:
Defines the term “street address” as the physical location where activities subject to regulation
under ch. 496, F.S., are conducted or where an applicant, licensee, or other referenced
individual actually resides. The term does not include a virtual office, a post office box, or a mail
drop.
Revises the information charitable organizations and sponsors must provide to DACS in an
initial registration statement to include the name and street addresses of each institution where
banking or similar monetary transactions are done by the charitable organization or sponsor,
and account numbers associated with all transactions.
Revises the information charitable organizations and sponsors must provide DACS when
claiming certain exemptions to include street addresses.
Revises the financial information charitable organizations and sponsors must provide DACS to
include street addresses, and removes the requirement that a charitable organization or
sponsor must show good cause in order to receive a filing extension from DACS.
Revises the information professional fundraising consultants must include in applications for
registration or renewals of registration to include street addresses rather than residence
addresses.
Revises the information that professional solicitors must include in applications for registration,
renewals of registration, and solicitation notices provided to DACS, and that solicitors are
required to maintain in their records to include street addresses rather than physical or
residence addresses.
Revises the information that must be included in certain solicitor license applications to include
street addresses rather than home addresses.
Revises the information that disclosures of charitable organizations or sponsors soliciting in
Florida must include street addresses.
Revises the information that must be displayed on certain collection receptacles to include
street addresses.
Provides that a person who solicits funds within a public transportation facility must provide in
an application to the authority and must display prominently on the person’s bade or insignia, to
include street addresses.
Cultivated Meat
Effective upon this act becoming law, the bill:
Defines “cultivated meat” to mean any meat or food product produced from cultured animal
cells.
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Makes it unlawful to manufacture, sell, hold or offer for sale, or distribute cultivated meat in this
state.
Makes violations second degree misdemeanor, punishable as provided in s. 775.082 or s.
775.083, F.S.
Provides that a food establishment that manufactures, distributes, or sells cultivated meat in
violation of this section is subject to disciplinary action pursuant to s. 500.121, F.S.
In addition to the penalties provided in this section, the bill subjects the license of any
restaurant, store, or other business to suspension as provided in the applicable licensing law
upon the conviction of an owner or employee of that business for a violation in connection with
that business.
Provides that a product found to be in violation of this section is subject to s. 500.172, F.S., and
an immediate stop-sale order.
Authorizes DACS to adopt rules to implement these provisions.
Household Moving Services
The bill prohibits a mover from placing a shipper's goods in a self-service storage unit or self-contained
storage unit owned by anyone other than the mover unless those goods are stored in the name of the
shipper and the shipper contracts directly with the owner of the self-service storage unit or self-
contained storage unit.
Sunset of Weights and Measures Act
The bill repeals the provision that requires the Weights and Measures Act to expire on July 1, 2025.
Motor Vehicle Repair Shop Registration and Written Repair Estimates
The bill:
Removes the requirement for a motor vehicle repair shop to provide copies of licenses, permits,
and certifications obtained by the applicant or employees of the applicant on the registration
application.
Specifies that the registration fee must be calculated for each location, and based on the
number of employees, the business employs, who perform repairs.
Increases the threshold value of repair work which requires a motor vehicle repair shop to
provide a customer with a written repair estimate from $100 to $150.
The Florida Agricultural Museum
The bill changes the name of the Florida Agriculture Museum to the Florida Agriculture Legacy
Learning Center, and makes conforming changes.
Saw Palmetto Berries
The bill criminalizes the destroying, harvesting, or selling saw palmetto berries, on private or public
land, as follows:
Violation
The bill makes it unlawful for any person to willfully destroy, harvest, or sell saw palmetto berries on the
private land of another or on any public land without first obtaining written permission from the
landowner or legal representative of the landowner and a permit from DACS.
Landowner Permission
The bill requires the landowner's written permission to include all of the following information:
The name, address, and telephone number of the landowner.
The start date, end date, and location, including county, of the harvest.
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The landowner's actual or electronic signature.
Bill of Lading
The bill requires a saw palmetto berry dealer that purchases saw palmetto berries from a landowner or
a person harvesting saw palmetto berries from another's property to maintain a bill of lading, a copy of
the harvester's entire permit, a copy of the landowner's written permission to harvest, and all of the
following:
The name, address, and telephone number of the seller.
The date or dates of harvesting.
The weight, quantity, or volume and a description of the type of saw palmetto berries harvested.
A scan or photocopy of a valid government-issued photo identification card of such person.
o Such persons must maintain the information to retain such records for at least 2 years
from the date the harvest ends.
Law Enforcement
The bill authorizes any law enforcement officer or authorized employee of DACS who finds that any
saw palmetto berries are being harvested, offered for sale, or exposed for sale in violation of this
provision, to seize or order such saw palmetto berries be held at a designated location until the
individual:
Provides the officer or employee with the required permit and landowner's written permission to
harvest, within 7 calendar days following the seizure; or
Legally disposes of the saw palmetto berries.
o Requires a law enforcement officer or authorized DACS employee to release the saw
palmetto berries when the requirements of this section are met.
The bill provides that unlawfully harvested saw palmetto berries constitute contraband and are subject
to seizure and disposal by the seizing law enforcement agency or DACS.
The bill provides that notwithstanding any other provision of law, a law enforcement agency that seizes
saw palmetto berries harvested or possessed in violation, or in violation of any other state or federal
law, is authorized to sell such saw palmetto berries and retain the proceeds of the sale for the
enforcement of these provisions.
The bill provides that law enforcement agencies selling contraband saw palmetto berries are exempt
from s. 581.185, F.S.
The bill requires law enforcement agencies that seize unlawfully harvested saw palmetto berries to
submit annually to DACS, in the manner prescribed by DACS rule:
The quantity and a description of the saw palmetto berries seized; and
The location from which the saw palmetto berries were harvested, if known.
Penalties for Violations
The bill provides the following penalties for violations:
A harvester that exchanges or offers to exchange saw palmetto berries with a saw palmetto
dealer, seller, or processor for money or any other valuable consideration without first
presenting to the saw palmetto berry dealer, seller, processor the person's entire permit, as
provided in s. 581.185, F.S., or the landowner's written permission commits a first degree
misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S.
A person required to maintain records as required that fails to maintain such record for the 2
year time period commits a first degree misdemeanor, punishable as provided in s. 775.082 or
s. 775.083, F.S.
A person that willfully destroys or harvests saw palmetto berries without first obtaining the
landowner's written permission to harvest as required or a permit as required commits a third
degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S.
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A saw palmetto berry dealer, buyer, processor, harvester, or seller that presents a false, forged,
or altered document purporting to be a landowner's written permission or the permit commits a
third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S.
A saw palmetto berry dealer, transporter, or processor that exchanges, offers to exchange for
money or any other valuable consideration, or possesses unlawfully harvested saw palmetto
berries commits a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, F.S.
A person convicted of a violation of this section responsible for:
o All reasonable costs incurred by the responding law enforcement agencies and the
department, including, but not limited to, investigative costs; and
o Restitution to the landowner in an amount equal to the fair market value of the saw
palmetto berries unlawfully harvested.
o Defines the term "convicted" to mean that there has been a determination of guilt as a
result of trial or the entry of a plea of guilty or nolo contendere, regardless of whether
adjudication is withheld.
Provides that these provisions do not affect any other person that legally harvests or handles
saw palmetto berries from up to two plants for home or personal use.
Rulemaking
The bill requires DACS to adopt rules to administer these provisions.
Definitions
The bill provides the following definitions:
"Harvest" or "harvesting" means to dig up, remove, or cut and remove saw palmetto berries
from the place where they are grown.
"Harvester" means a person, firm, or corporation that takes, harvests, or attempts to take or
harvest saw palmetto berries.
"Landowner" means:
o The public agency administering any public lands; or
o The person who holds legal title to the real property from which saw palmetto berries are
harvested or the person having possession, control, or use of that land which has lawful
authority to grant permission to harvest saw palmetto berries from the land.
"Person" means an individual, a partnership, a corporation, an association, or any other legal
entity.
"Saw palmetto berries" means the fruit of the plant Serenoa repens, commonly known as the
saw palmetto.
"Saw palmetto berry dealer" means a person that purchases or otherwise obtains saw palmetto
berries from a seller for the purpose of selling the saw palmetto berries at retail or for the
purpose of selling the saw palmetto berries to another saw palmetto berry dealer or for both
such purposes. This term also includes a person who purchases saw palmetto berries directly
from a landowner for the purpose of selling the saw palmetto berries at retail.
"Seller" means a person that exchanges or offers to exchange saw palmetto berries for money
or for any other valuable consideration.
Livestock
The bill includes poultry in the definition of “livestock.”
Trespassing on Agricultural Land
The bill:
Adds lands classified as agricultural to the definition of “posted land,” and allows signs for such
land to be placed at each point of ingress and at each corner of the boundaries of the
agricultural land.
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Creates a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
F.S., for trespassing on land classified as commercial agricultural property if the offender
trespasses with the intent to commit a crime on commercial agricultural property.
Requires such property to be legally posted and identified by signs in letters of at least 2 inches
at each pedestrian and vehicle entrance in substantially the following manner: "THIS AREA IS A
DESIGNATED COMMERCIAL AGRICULTURAL PROPERTY, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
Requires a first-time offender who is under 18 years of age at the time he or she commits the
crime to be given the option of participating in a diversion program described in s. 958.12, s.
985.125, s. 985.155, or s. 985.16, F.S., or a program to which a referral is made by a state
attorney under s. 985.15, F.S.
Defines “commercial agricultural property” as property cleared of its natural vegetation or fenced
for the purposes of planting, growing, harvesting, processing, raising, producing, or storing plant
or animal commercial commodities.
Makes conforming changes.
4-H and FFA Participation in School
The bill provides that a student’s participation in a 4-H or FFA activity is an excused absence from
school. A 4-H or FFA representative must provide documentation as proof of a student’s participation in
a 4-H or FFA activity upon request by a school principal or the principal’s designee. The 4-H
representative must be officially recognized or designated by the Florida Cooperative extension Service
4-H Program as a 4-H professional or a 4-H adult volunteer.
Reenactments
The bill reenacts:
Section 493.6115(6), F.S., relating to weapons and firearms, to incorporate the amendment
made to s. 493.6113, F.S.;
Section 496.4055(2), F.S., relating to charitable organization or sponsor board duties, to
incorporate the amendment made to s. 496.405, F.S.
Section 559.907(1)(b), F.S., relating to the charges for motor vehicle repair estimates, to
incorporate the amendment made to s. 559.905, F.S.
Sections 468.382(6), 534.47(3), 767.01, and 767.03, F.S., relating to the definition of the term
"livestock" for auctions, livestock markets, dog owner's liability for damages to livestock, and
defenses for killing dogs, respectively, to incorporate the amendment made to s. 585.01, F.S.
Effective Date
The bill provides that except as otherwise expressly provided in this act and except for this section,
which shall take effect upon this act becoming a law, this act shall take effect July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 366.94, F.S., relating to electric vehicle charging stations.
Section 2: Amends s. 482.111, F.S., relating to pest control operator's certificate.
Section 3: Amends s. 482.151, F.S., relating to special identification card for performance of
fumigation.
Section 4: Amends s. 482.155, F.S., relating to limited certification for governmental pesticide
applicators or private applicators.
Section 5: Amends s. 482.156, F.S., relating to limited certification for commercial landscape
maintenance personnel.
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Section 6: Amends s. 482.157, F.S., relating to limited certification for commercial wildlife
management personnel.
Section 7: Amends s. 482.161, F.S., relating to disciplinary grounds and actions; reinstatement.
Section 8: Amends s. 482.191, relating to violation and penalty.
Section 9: Amends s. 482.226, F.S., relating to wood-destroying organism inspection report; notice
of inspection or treatment; financial responsibility.
Section 10: Amends s. 487.031, F.S., relating to prohibited acts.
Section 11: Amends s. 487.175, F.S., relating to penalties; administrative fine; injunction.
Section 12: Amends s. 493.6113, F.S., relating to renewal application for licensure.
Section 13: Creates s. 493.6127, F.S., relating to appointment of tax collectors to accept applications
and renewals for licenses; fees; penalties.
Section 14: Amends s. 496.404, F.S., relating to definitions.
Section 15: Amends s. 496.405, F.S., relating to registration statements by charitable organizations
and sponsors.
Section 16: Amends s. 496.406, F.S., relating to exemption from registration.
Section 17: Amends s. 496.407, F.S., relating to financial statement.
Section 18: Amends s. 496.409, F.S., relating to registration and duties of professional fundraising
consultant.
Section 19: Amends s. 496.410, F.S., relating to registration and duties of professional solicitors.
Section 20: Amends s. 496.4101, F.S., relating to licensure of professional solicitors and certain
employees thereof.
Section 21: Amends s. 496.411, F.S., relating to disclosure requirements and duties of charitable
organizations and sponsors.
Section 22: Amends s. 496.4121, F.S., relating to collection receptacles used for donations.
Section 23: Amends s. 496.425, F.S., relating to solicitation of funds within public transportation
facilities.
Section 24: Amends s. 500.03, relating to definitions; construction; applicability.
Section 25: Creates s. 500.452, F.S., relating to cultivated meat; prohibition; penalties.
Section 26: Amends s. 507.07, F.S., relating to violations.
Section 27: Repeals s. 531.67, F.S., relating to expiration of sections.
Section 28: Amends s. 559.904, relating to motor vehicle repair shop registration; application;
exemption.
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Section 29: Amends s. 559.905, F.S., relating to written motor vehicle repair estimate and disclosure
statement required.
Section 30: Amends s. 570.69, F.S., relating to definitions.
Section 31: Amends s. 570.691, F.S., relating to direct-support organization.
Section 32: Amends s. 570.692, F.S., relating to Florida Agricultural Museum.
Section 33: Creates s. 581.189, F.S., relating to dealing in, buying, transporting, and processing saw
palmetto berries.
Section 34: Amends s. 585.01, F.S., relating to definitions.
Section 35: Amends s. 790.0625, F.S., relating to appointment of tax collectors to accept
applications for a concealed weapon or firearm license; fees; penalties.
Section 36: Amends s. 810.011, F.S., relating to definitions.
Section 37: Amends s. 810.09, F.S., relating to trespass on property other than structure or
conveyance.
Section 38: Amends s. 1003.24, F.S., relating to parents responsible for attendance of children;
attendance policy.
Section 39: Amends s. 379.3004, F.S., relating to voluntary Authorized Hunter Identification
Program.
Section 40: Amends s. 812.014, F.S., relating to theft.
Section 41: Amends s. 921.0022, F.S., relating to criminal Punishment Code; offense severity
ranking chart.
Section 42: Reenacts s. 493.6115, F.S., relating to weapons and firearms.
Section 43: Reenacts s. 496.4055, F.S., relating to charitable organization or sponsor board duties.
Section 44: Reenacts s. 559.907, F.S., relating to charges for motor vehicle repair estimate;
requirement of waiver of rights prohibited.
Section 45: Reenacts s. 468.382, F.S., relating to definitions.
Section 46: Reenacts s. 534.47, F.S., relating to definitions.
Section 47: Reenacts s. 767.01, F.S., relating to dog owner's liability for damages to persons,
domestic animals, or livestock.
Section 48: Reenacts s. 767.03, F.S., relating to good defense for killing dog.
Section 49: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
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See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
See Fiscal Comments.
D. FISCAL COMMENTS:
EV Charging Stations
Preempting the regulation of EV charging stations to the state may create uniformity in the regulation of
such facilities and reduce the negative fiscal impact on private businesses resulting from disparate
regulations in local jurisdictions.
Pest Control
Allowing certain certificateholders to apply less toxic chemicals may have a positive fiscal impact on
these businesses.
Allowing certain certificateholders who apply chemicals flexibility in the use of smaller chemical spray
equipment may have a positive fiscal impact on the private sector.
Reducing record-keeping requirements for certain certificateholders who apply chemicals that are low
in toxicity may reduce expenditures related to such requirements.
Reducing continuing education requirements for certain certificateholders may have a positive fiscal
impact on these individuals.
Requiring written documentation from certain certificateholders to the property owner after each
inspection or treatment for the presence or absence of wood destroying organisms may:
Help consumers protect their structures and reduce costs related to such infestations.
Create an indeterminate cost to the businesses resulting from providing the documentation.
Prohibiting certain certificates from operating past their expiration date, and extending recertification
grace periods, may prevent the performance of unlicensed work and reduce related costs to the
licensee and consumers that may occur otherwise.
Making it a violation, and authorizing DACS to take administrative action, for falsely swearing or
affirming false statements on an application for pest control or pesticide licensure, or cheating on such
licensure examinations, may:
Create an indeterminate cost to DACS for administration and enforcement.
Reduce costs related to bad work performed by unqualified licensees.
Firearm Licensing
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Allowing a Class “G” licensee to qualify for up to two calibers of firearms in one 4-hour firearm
requalification class may reduce administrative costs to DACS, the licensees, and license applicants.
Appointment of Tax Collectors for Licenses Issued Under Ch. 493, F.S.
Expanding the types of private security, private investigative and recovery services licenses that tax
collectors are allowed to issue may reduce administrative costs to DACS, the licensees, and license
applicants.
Appointment of Tax Collectors to Accept Applications for Concealed Weapon or Firearm
License
Authorizing certain appointed tax collectors to collect certain fees and provide certain services for
concealed weapon or firearm licenses on behalf of DACS may:
Reduce administrative expenses for DACS, the licensees, and license applicants; and
Have an indeterminate positive fiscal impact on local tax collectors.
Solicitation of Contributions Act
Revising certain information that charitable organizations, sponsors, professional fundraising
consultants, and professional solicitors are required to provide to DACS may create efficiencies and a
positive fiscal impact for DACS and charitable organizations.
Cultivated Meat
Prohibiting the manufacture, sale, hold or offer for sale, or distribution of cultivated meat in this state,
and creating penalties for violations, may:
Reduce the impact that such sales may have on the state’s livestock industry.
Create in indeterminate negative fiscal impact to DACS for administration and enforcement.
Household Moving Services
Prohibiting movers from placing a shipper's goods in a self-service storage unit owned by anyone other
than the mover, may:
Protect the shipper’s property and streamline the moving process.
Create an indeterminate positive fiscal impact to these businesses and consumers.
Motor Vehicle Repair Shop Registration and Written Repair Estimates
Revising the information that must be provided to DACS on a motor vehicle repair shop registration
application, requiring the registration fee to be calculated for each location, and increasing the cost of
repair work which requires a motor vehicle repair shop to provide a customer with a written repair
estimate, may reduce costs to the businesses by more accurately representing the scale of the
businesses and the diagnostic costs.
Saw Palmetto Berries
Criminalizing the destroying, harvesting, or selling saw palmetto berries, on private or public land, may:
Prevent illegal harvesting of such fruit and reduce related costs to the state and the saw
palmetto berry industry.
Create in indeterminate negative fiscal impact to DACS for administration and enforcement.
Requiring harvesters to obtain written permission from the landowner and a permit from DACS may
create an indeterminate negative impact to the harvesters, and to DACS resulting from administrative
costs.
Livestock
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Including poultry in the definition of “livestock” in ch. 585, part II, F.S., under the DACS Division of
Animal Industry, may:
Protect the state and private sector from related animal pests and diseases, thereby reducing
costs to the state and private sector that would result otherwise.
Increase costs indeterminately to DACS for related oversight of an additional industry, only to
the extent they are not already incurring such expenses.
Trespassing on Agricultural Land
Reducing the number of trespassing signs required for lands classified as commercial agricultural
property, and increasing criminal penalties for trespassing on such land with intent to commit a crime,
may reduce related costs to such landowners and help protect the state’s food supply.
The bill may lead to more arrests of persons who are trespassing but did not see a trespassing sign.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Article VII, s. 19 of the Florida Constitution requires the authorization of a state tax or fee be
contained in a separate bill that contains no other subject and be approved by 2/3 of the membership
of each house of the Legislature. These provisions do not apply to any tax or fee authorized to be
imposed by a county. This bill authorizes county tax collectors approved by the Department to collect
certain fees for processing applications.
B. RULE-MAKING AUTHORITY:
The bill requires DACS to adopt rules establishing penalties for examinees who violate provisions
related to swearing or affirming a false statement, and cheating on examinations, for certain pest
control and pesticide licenses.
The bill requires DACS to establish by rule the type of new, renewal, or replacement licenses a tax
collector appointed to accept ch. 493, F.S., applications, is authorized to accept.
The bill authorizes DACS to adopt rules to implement the provisions related to cultivated meat.
The bill requires law enforcement agencies that seize unlawfully harvested saw palmetto berries to
submit certain information on seized items annually to DACS, in the manner prescribed by DACS rule.
The bill authorizes DACS to adopt rules to administer the provisions related to saw palmetto berries.
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 1071 2024
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 366.94, F.S.;
4 preempting the regulation of electric vehicle charging
5 stations to the state; prohibiting local governmental
6 entities from enacting or enforcing such regulations;
7 amending ss. 482.111, 482.151, and 482.155, F.S.;
8 providing that a pest control operator's certificate,
9 a special identification card, and certain limited
10 certifications for pesticide applicators,
11 respectively, expire a specified length of time after
12 issuance; revising renewal requirements for such
13 certificates and cards; amending s. 482.156, F.S.;
14 revising the tasks, pesticides, and equipment that
15 individual commercial landscape maintenance personnel
16 with limited certifications may perform and use;
17 revising the initial and renewal certification
18 requirements for such personnel; deleting a
19 requirement that certificateholders maintain certain
20 records; amending s. 482.157, F.S.; providing that a
21 limited certification for commercial wildlife
22 management personnel expires a specified length of
23 time after issuance; revising renewal certification
24 requirements for such personnel; amending s. 482.161,
25 F.S.; authorizing the department to take disciplinary
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26 action against a person who swears to or affirms a
27 false statement on certain applications, cheats on a
28 required examination, or violates certain procedures
29 under certain circumstances; amending s. 482.191,
30 F.S.; providing penalties for a person who swears to
31 or affirms a false statement on certain applications;
32 providing that cheating on certain examinations or
33 violating certain examination procedures voids an
34 examinee's exam attempt; authorizing the department to
35 adopt rules establishing penalties for such a
36 violation; authorizing the department to exercise
37 discretion in assessing penalties in certain
38 circumstances; amending s. 482.226, F.S.; requiring
39 pest control licensees to provide property owners or
40 their agents with a signed report that meets certain
41 requirements after each inspection or treatment;
42 amending s. 487.031, F.S.; prohibiting a person from
43 swearing to or affirming a false statement on certain
44 pesticide applicator license applications, cheating on
45 a required examination, or violating certain
46 procedures; making technical changes; amending s.
47 487.175, F.S.; providing penalties for a person who
48 swears to or affirms a false statement on certain
49 applications; providing that cheating on certain
50 examinations or violating certain examination
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51 procedures voids an examinee's exam attempt; requiring
52 the department to adopt rules establishing penalties
53 for such a violation; authorizing the department to
54 exercise discretion in assessing penalties in certain
55 circumstances; amending s. 493.6113, F.S.; authorizing
56 Class "G" licensees to qualify for multiple calibers
57 of firearms in one requalification class under certain
58 circumstances; creating s. 493.6127, F.S.; authorizing
59 the department to appoint tax collectors to accept
60 new, renewal, and replacement license applications
61 under certain circumstances; requiring the department
62 to establish by rule the types of licenses the tax
63 collectors may accept; providing an application
64 process for tax collectors who wish to perform such
65 functions; providing that certain confidential
66 information contained in the records of an appoint ed
67 tax collector retains its confidentiality; prohibiting
68 any person not appointed to do so from accepting an
69 application for a license for a fee or compensation;
70 authorizing tax collectors to collect and retain
71 certain convenience fees; requiring the tax collectors
72 to remit certain fees to the department for deposit in
73 the Division of Licensing Trust Fund; providing
74 penalties; amending s. 496.404, F.S.; defining the
75 term "street address"; amending ss. 496.405 and
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76 496.406, F.S.; revising the information that
77 charitable organizations and sponsors must provide to
78 the department in an initial registration statement
79 and when claiming certain exemptions, respectively, to
80 include certain street addresses; amending s. 496.407,
81 F.S.; revising the information charitable
82 organizations or sponsors are required to provide to
83 the department when initially registering or annually
84 renewing a registration; revising circumstances under
85 which the department may extend the time for filing a
86 required final statement; amending ss. 496.409,
87 496.410, 496.4101, 496.411, 496.4121, and 496.425,
88 F.S.; revising the information that professional
89 fundraising consultants must include in applications
90 for registration or renewals of registration, that
91 professional solicitors must include in applications
92 for registration, renewals of registration, and
93 solicitation notices provided to the department, that
94 professional solicitors are required to maintain in
95 their records, that must be included in certain
96 solicitor license applications, that disclosures of
97 charitable organizations or sponsors soliciting in
98 this state must include, that must be displayed on
99 certain collection receptacles, and that a person
100 desiring to solicit funds within a facility must
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101 provide in an application to the department and must
102 display prominently on his or her badge or insignia,
103 respectively, to include street addresses; amending s.
104 500.03, F.S.; defining the term "cultivated meat";
105 creating s. 500.452, F.S.; prohibiting the
106 manufacture, sale, holding or offering for sale, or
107 distribution of cultivated meat in this state;
108 providing criminal penalties; providing for
109 disciplinary action and additional licensing
110 penalties; providing that such products are subject to
111 certain actions and orders; authorizing the department
112 to adopt rules; amending s. 507.07, F.S.; prohibiting
113 a mover from placing a shipper's goods in a self-
114 service storage unit or self-contained unit not owned
115 by the mover unless certain conditions are met;
116 repealing s. 531.67, F.S., relating to the scheduled
117 expiration of certain statute sections related to
118 weights, measurements, and standards; amending s.
119 559.904, F.S.; revising the information that must be
120 provided to the department on a motor vehicle repair
121 shop registration application; providing that the
122 registration fee must be calculated for each location;
123 amending s. 559.905, F.S.; revising the cost of repair
124 work which requires a motor vehicle repair shop to
125 provide a customer with a written repair estimate;
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126 amending s. 570.69, F.S.; defining the term "center";
127 deleting the definition of the term "museum"; amending
128 s. 570.691, F.S.; conforming provisions to changes
129 made by the act; amending s. 570.692, F.S.; renaming
130 the Florida Agricultural Museum as the Florida
131 Agricultural Legacy Learning Center; creating s.
132 581.189, F.S.; defining terms; prohibiting the willful
133 destruction, harvest, or sale of saw palmetto berries
134 without first obtaining written permission from the
135 landowner or legal representative and a permit from
136 the department; specifying the information that the
137 landowner's written permission must include; requiring
138 an authorized saw palmetto berry dealer to maintain
139 certain information for a specified timeframe;
140 authorizing law enforcement officers or authorized
141 employees of the department to seize or order to be
142 held for a specified timeframe saw palmetto berries
143 harvested, sold, or exposed for sale in violation of
144 specified provisions; declaring that unlawfully
145 harvested saw palmetto berries constitute contraband
146 and are subject to seizure and disposal; authorizing
147 law enforcement agencies that seize such saw palmetto
148 berries to sell the berries and retain the proceeds to
149 implement certain provisions; providing that such law
150 enforcement agencies are exempt from certain
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151 provisions; requiring the law enforcement agencies to
152 submit certain information annually to the department;
153 providing criminal penalties; providing that
154 individuals convicted of such violations are
155 responsible for specified costs; defining the term
156 "convicted"; providing construction; requiring the
157 department to adopt rules; amending s. 585.01, F.S.;
158 revising the definition of the term "livestock" to
159 include poultry; amending s. 790.0625, F.S.;
160 authorizing certain tax collectors to collect and
161 retain certain convenience fees for certain concealed
162 weapon or firearm license applications; authorizing
163 such tax collectors to print and deliver replacement
164 licenses to licensees under certain circumstances;
165 authorizing such tax collectors to provide
166 fingerprinting and photographing services; amending s.
167 810.011, F.S.; revising the definition of the term
168 "posted land" to include land classified as
169 agricultural which has specified signs placed at
170 specified points; amending s. 810.09, F.S.; providing
171 criminal penalties for trespassing with the intent to
172 commit a crime on commercial agricultural property
173 under certain circumstances; defining the term
174 "commercial agricultural property"; amending s.
175 1003.24, F.S.; providing that a student's
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176 participation in a 4-H or Future Farmers of America
177 activity is an excused absence from school; defining
178 the term "4-H representative"; amending ss. 379.3004,
179 812.014, and 921.0022, F.S.; conforming cross-
180 references; reenacting s. 493.6115(6), F.S., relating
181 to weapons and firearms, to incorporate the amendment
182 made to s. 493.6113, F.S., in a reference thereto;
183 reenacting s. 496.4055(2), F.S., relating to
184 charitable organization or sponsor board duties, to
185 incorporate the amendment made to s. 496.405, F.S., in
186 references thereto; reenacting s. 559.907(1)(b), F.S.,
187 relating to the charges for motor vehicle repair
188 estimates, to incorporate the amendment made to s.
189 559.905, F.S., in a reference thereto; reenacting ss.
190 468.382(6), 534.47(3), 767.01, and 767.03, F.S.,
191 relating to the definition of the term "livestock" for
192 auctions, livestock markets, dog owner's liability for
193 damages to livestock, and defenses for killing dogs,
194 respectively, to incorporate the amendment made to s.
195 585.01, F.S., in references thereto; providing
196 effective dates.
197
198 Be It Enacted by the Legislature of the State of Florida:
199
200 Section 1. Subsection (2) of section 366.94, Florida
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201 Statutes, is amended to read:
202 366.94 Electric vehicle charging stations.—
203 (2) The regulation of electric vehicle charging stations
204 is preempted to the state.
205 (a) A local governmental entity may not enact or enforce
206 an ordinance or regulation related to electric vehicle charging
207 stations.
208 (b) The Department of Agriculture and Consumer Services
209 shall adopt rules to provide definitions, methods of sale,
210 labeling requirements, and price-posting requirements for
211 electric vehicle charging stations to allow for consistency for
212 consumers and the industry.
213 Section 2. Subsections (3), (4), and (10) of section
214 482.111, Florida Statutes, are amended to read:
215 482.111 Pest control operator's certificate.—
216 (3) A certificate expires 1 year after the date of
217 issuance. Annually, on or before the 1-year an anniversary of
218 the date of issuance set by the department, an individual so
219 issued a pest control operator's certificate must apply to the
220 department on a form prescribed by the department to renew the
221 for renewal of such certificate. After a grace period not
222 exceeding 60 30 calendar days following such renewal date, the
223 department shall assess a late renewal charge of $50 shall be
224 assessed and the certificateholder must pay the late renewal
225 charge be paid in addition to the renewal fee.
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226 (4) If a certificateholder fails to renew his or her
227 certificate and provide proof of completion of the required
228 continuing education units under subsection (10) within 60 days
229 after the certificate's expiration date, the certificateholder
230 may be recertified only after reexamination Unless timely
231 renewed, a certificate automatically expires 180 calendar days
232 after the anniversary renewal date. Subsequent to such
233 expiration, a certificate may be issued only upon successful
234 reexamination and upon payment of the examination and issuance
235 fees due.
236 (10) In order to renew Prior to the expiration date of a
237 certificate, the certificateholder must complete 2 hours of
238 approved continuing education on legislation, safety, pesticide
239 labeling, and integrated pest management and 2 hours of approved
240 continuing education in each category of her or his certificate
241 or must pass an examination given by the department. The
242 department may not renew a certificate if the continuing
243 education or examination requirement is not met.
244 (a) Courses or programs, to be considered for credit, must
245 include one or more of the following topics:
246 1. The law and rules of this state pertaining to pest
247 control.
248 2. Precautions necessary to safeguard life, health, and
249 property in the conducting of pest control and the application
250 of pesticides.
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251 3. Pests, their habits, recognition of the damage they
252 cause, and identification of them by accepted common name.
253 4. Current accepted industry practices in the conducting
254 of fumigation, termites and other wood-destroying organisms pest
255 control, lawn and ornamental pest control, and household pest
256 control.
257 5. How to read labels, a review of current state and
258 federal laws on labeling, and a review of changes in or
259 additions to labels used in pest control.
260 6. Integrated pest management.
261 (b) The certificateholder must submit with her or his
262 application for renewal a statement certifying that she or he
263 has completed the required number of hours of continuing
264 education. The statement must be on a form prescribed by the
265 department and must identify at least the date, location,
266 provider, and subject of the training and must provide such
267 other information as required by the department.
268 (c) The department shall charge the same fee for
269 examination as provided in s. 482.141(2).
270 Section 3. Subsections (6), (7), and (8) of section
271 482.151, Florida Statutes, are amended to read:
272 482.151 Special identification card for performance of
273 fumigation.—
274 (6) A special identification card expires 1 year after the
275 date of issuance. A cardholder must apply An application to the
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276 department to renew his or her for renewal of a special
277 identification card must be made on or before the 1-year an
278 anniversary of the date of issuance set by the department. The
279 department shall set the fee for renewal of a special
280 identification card shall be set by the department but the fee
281 may not be more than $100 or less than $50; however, until a
282 rule setting this fee is adopted by the department, the renewal
283 fee is shall be $50. After a grace period not exceeding 60 30
284 calendar days following such renewal date, the department shall
285 assess a late renewal charge of $25, which the cardholder must
286 pay be paid in addition to the renewal fee.
287 (7) If a cardholder fails to renew his or her card and
288 provide proof of completion of the continuing education units
289 required by subsection (8) within 60 days after the expiration
290 date, the cardholder may be reissued a special identification
291 card only after reexamination Unless timely renewed, a special
292 identification card automatically expires 180 calendar days
293 after the anniversary renewal date. Subsequent to such
294 expiration, a special identification card may be issued only
295 upon successful reexamination and upon payment of examination
296 and issuance fees due, as provided in this section.
297 (8) In order to renew Prior to the expiration date of a
298 special identification card, the cardholder must do at least one
299 of the following:
300 (a) Complete 2 hours of approved continuing education on
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301 legislation, safety, and pesticide labeling and 2 hours of
302 approved continuing education in the fumigation category .; or
303 (b) Pass an examination in fumigation given by the
304 department.
305 Section 4. Paragraph (b) of subsection (1) of section
306 482.155, Florida Statutes, is amended to read:
307 482.155 Limited certification for governmental pesticide
308 applicators or private applicators.—
309 (1)
310 (b) A person seeking limited certification under this
311 subsection must pass an examination given or approved by the
312 department. Each application for examination must be accom panied
313 by an examination fee set by the department, in an amount of not
314 more than $150 or less than $50; and a recertification fee of
315 $25 every 4 years. Until rules setting these fees are adopted by
316 the department, the examination fee is $50. Application for
317 recertification must be accompanied by proof of having completed
318 4 classroom hours of acceptable continuing education. The
319 limited certificate expires 4 years after the date of issuance.
320 If the certificateholder fails to renew his or her certificate
321 and provide proof of completion of the required continuing
322 education units within 60 days after the expiration date, the
323 certificateholder may be recertified only after reexamination.
324 The department shall provide the appropriate reference material
325 and make the examination readily accessible and available to all
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326 applicants at least quarterly or as necessary in each county.
327 Section 5. Subsections (1), (2), (3), and (5) of section
328 482.156, Florida Statutes, are amended to read:
329 482.156 Limited certification for commercial landscape
330 maintenance personnel.—
331 (1) The department shall establish a limited certification
332 category for individual commercial landscape maintenance
333 personnel to authorize them to apply herbicides for controlling
334 weeds in plant beds, driveways, sidewalks, and patios and to
335 perform integrated pest management on ornamental plants using
336 pesticides that do not have a insecticides and fungicides having
337 the signal word or that have the signal word "caution" but do
338 not have having the signal word "warning" or "danger" on the
339 label. The application equipment that may be used by a person
340 certified pursuant to this section is limited to portable,
341 handheld application equipment and 3-gallon compressed air
342 sprayers or backpack sprayers but having no more than a 5-gallon
343 capacity and does not include any type of power equipment.
344 (2)(a) A person seeking limited certification under this
345 section must pass an examination given by the department. Each
346 application for examination must be accompanied by an
347 examination fee set by rule of the department, in an amount of
348 not more than $150 or less than $50. Before the department
349 issues Prior to the department's issuing a limited certification
350 under this section, each person applying for the certification
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351 must furnish proof of having a certificate of insurance which
352 states that the employer meets the requirements for minimum
353 financial responsibility for bodily injury and property damage
354 required by s. 482.071(4).
355 (b) To be eligible to take the examination, an ap plicant
356 must have completed 6 classroom hours of plant bed and
357 ornamental continuing education training approved by the
358 department and provide sufficient proof, according to criteria
359 established by department rule. The department shall provide the
360 appropriate reference materials for the examination and make the
361 examination readily accessible and available to applicants at
362 least quarterly or as necessary in each county.
363 (3) A certificate expires 1 year after the date of
364 issuance. A certificateholder must apply to the department to
365 renew his or her certificate on or before the 1-year anniversary
366 of the date of issuance. The An application for recertification
367 under this section must be made annually and be accompanied by a
368 recertification fee set by rule of the department, in an amount
369 of not more than $75 or less than $25. The application must also
370 be accompanied by proof of having completed 4 classroom hours of
371 acceptable continuing education and the same proof of having a
372 certificate of insurance as is required for issuance of this
373 certification. After a grace period not exceeding 60 30 calendar
374 days following the annual date that recertification is due, a
375 late renewal charge of $50 shall be assessed and must be paid in
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376 addition to the renewal fee. If a certificateholder fails to
377 renew his or her certificate and provide proof of completing the
378 required continuing education units within 60 days after the
379 expiration date, the certificateholder may be recertified only
380 after reexamination Unless timely recertified, a certificate
381 automatically expires 180 calendar days after the anniversary
382 recertification date. Subsequent to such expiration, a
383 certificate may be issued only upon successful reexamination and
384 upon payment of the examination fees due.
385 (5) A person certified under this section shall maintain
386 records documenting the pests and areas treated, plus the
387 methods and materials applied for control of such pests, which
388 records must be available for review by the department upon
389 request.
390 Section 6. Subsection (3) of section 482.157, Florida
391 Statutes, is amended to read:
392 482.157 Limited certification for commercial wildlife
393 management personnel.—
394 (3) A certificate expires 1 year after the date of
395 issuance. A certificateholder must apply to the department to
396 renew his or her certificate on or before the 1-year anniversary
397 of the date of issuance. The An application for recertification
398 must be made annually and be accompanied by a recertification
399 fee of at least $75, but not more than $150, as prescribed by
400 the department by rule. The application must also be accompanied
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401 by proof of completion of the required 4 classroom hours of
402 acceptable continuing education and the required proof of
403 insurance. After a grace period not exceeding 60 30 calendar
404 days after the recertification renewal date, the department
405 shall assess a late fee of $50 in addition to the renewal fee.
406 If a certificateholder fails to renew his or her certificate and
407 provide proof of completing the required continuing education
408 units within 60 days after the expiration date, the
409 certificateholder may be recertified only after reexamination A
410 certificate automatically expires 180 days after the
411 recertification date if the renewal fee has not been paid. After
412 expiration, the department shall issue a new certificate only if
413 the applicant successfully passes a reexamination and pays the
414 examination fee and late fee.
415 Section 7. Paragraphs (k) and (l) are added to subsection
416 (1) of section 482.161, Florida Statutes, to read:
417 482.161 Disciplinary grounds and actions; reinstatement.—
418 (1) The department may issue a written warning to or
419 impose a fine against, or deny the application for licensure or
420 licensure renewal of, a licensee, certified operator, limited
421 certificateholder, identification cardholder, or special
422 identification cardholder or any other person, or may suspend,
423 revoke, or deny the issuance or renewal of any license,
424 certificate, limited certificate, identification card, or
425 special identification card that is within the scope of this
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426 chapter, in accordance with chapter 120, upon any of the
427 following grounds:
428 (k) Swearing to or affirming any false statement in an
429 application for a license issued pursuant to this chapter.
430 (l) Cheating on an examination required for licensure
431 under this chapter or violating a published test center or
432 examination procedure provided orally, in writing, or
433 electronically at the test site and affirmatively acknowledged
434 by the examinee.
435 Section 8. Section 482.191, Florida Statutes, is amended
436 to read:
437 482.191 Violation and penalty.—
438 (1) It is unlawful to do any of the following:
439 (a) Solicit, practice, perform, or advertise in pest
440 control except as provided by this chapter.
441 (b) Swear to or affirm a false statement in an application
442 for a license or certificate issued pursuant to thi s chapter. A
443 false statement contained in an application for such license or
444 certificate renders the application, license, or certificate
445 void.
446 (c) Cheat on an examination required for licensure under
447 this chapter or violate a published test center or ex amination
448 procedure provided orally, in writing, or electronically at the
449 test site and affirmatively acknowledged by an examinee.
450 Violating this paragraph renders the examinee's exam attempt
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451 void. The department shall adopt rules establishing penalties
452 for examinees who violate this subsection. The department may
453 exercise discretion in assessing penalties based on the nature
454 and frequency of the violation.
455 (2) Except as provided in paragraph (1)(c), a person who
456 violates any provision of this chapter commits is guilty of a
457 misdemeanor of the second degree, punishable as provided in s.
458 775.082 or s. 775.083.
459 (3) A Any person who violates any rule of the department
460 relative to pest control commits is guilty of a misdemeanor of
461 the second degree, punishable as provided in s. 775.082 or s.
462 775.083.
463 Section 9. Subsection (3) of section 482.226, Florida
464 Statutes, is amended to read:
465 482.226 Wood-destroying organism inspection report; notice
466 of inspection or treatment; financial responsibility. —
467 (3) A If periodic reinspections or retreatments are
468 specified in wood-destroying organisms preventive or control
469 contracts, the licensee shall furnish a the property owner or
470 the property owner's authorized agent, after each inspection
471 such reinspection or treatment retreatment, with a signed report
472 indicating the presence or absence of wood-destroying organisms
473 covered by the wood-destroying organism preventive or control
474 contract, whether treatment retreatment was made, and the common
475 or brand name of the pesticide used. Such report need not be on
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476 a form prescribed by the department. A person may not perform
477 inspections periodic reinspections or treatments retreatments
478 unless she or he has an identification card issued under s.
479 482.091(9).
480 Section 10. Subsection (13) of section 487.031, Florida
481 Statutes, is amended to read:
482 487.031 Prohibited acts.—It is unlawful:
483 (13) For any person to do any of the following:
484 (a) Make a false or fraudulent claim through any medium,
485 misrepresenting the effect of materials or methods used.;
486 (b) Make a pesticide recommendation or application not in
487 accordance with the label, except as provided in this section,
488 or not in accordance with recommendations of the United States
489 Environmental Protection Agency or not in accordance with the
490 specifications of a special local need registration .;
491 (c) Operate faulty or unsafe equipment.;
492 (d) Operate in a faulty, careless, or negligent manner .;
493 (e) Apply any pesticide directly to, or in any manner
494 cause any pesticide to drift onto, any person or area not
495 intended to receive the pesticide.;
496 (f) Fail to disclose to an agricultural crop grower,
497 before prior to the time pesticides are applied to a crop, full
498 information regarding the possible harmful effects to human
499 beings or animals and the earliest safe time for workers or
500 animals to reenter the treated field.;
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501 (g) Refuse or, after notice, neglect to comply with the
502 provisions of this part, the rules adopted under this part, or
503 any lawful order of the department.;
504 (h) Refuse or neglect to keep and maintain the records
505 required by this part or to submit reports when and as
506 required.;
507 (i) Make false or fraudulent records, invoices, or
508 reports.;
509 (j) Use fraud or misrepresentation in making an
510 application for a license or license renewal.;
511 (k) Swear to or affirm a false statement in an application
512 for a license issued pursuant to this chapter.
513 (l) Cheat on an examination required for licensure under
514 this chapter or violate a published test center or examination
515 procedure provided orally, in writing, or electronically at the
516 test site and affirmatively acknowledged by the examinee.
517 (m) Refuse or neglect to comply with any limitations or
518 restrictions on or in a duly issued license.;
519 (n)(l) Aid or abet a licensed or unlicensed person to
520 evade the provisions of this part, or combine or conspire with a
521 licensed or unlicensed person to evade the provisions of this
522 part, or allow a license to be used by an unlicensed person.;
523 (o)(m) Make false or misleading statements during or after
524 an inspection concerning any infestation or infection of pests
525 found on land.;
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526 (p)(n) Make false or misleading statements, or fail to
527 report, pursuant to this part, any suspected or known damage to
528 property or illness or injury to persons caused by the
529 application of pesticides.;
530 (q)(o) Impersonate any state, county, or city inspector or
531 official.;
532 (r)(p) Fail to maintain a current liability insurance
533 policy or surety bond required by as provided for in this part.;
534 (s)(q) Fail to adequately train, as required by provided
535 for in this part, unlicensed applicators or mixer-loaders
536 applying restricted-use pesticides under the direct supervision
537 of a licensed applicator.; or
538 (t)(r) Fail to provide authorized representatives of the
539 department with records required by this part or with free
540 access for inspection and sampling of any pesticide, areas
541 treated with or impacted by these materials, and equipment used
542 in their application.
543 Section 11. Section 487.175, Florida Statutes, is amended
544 to read:
545 487.175 Penalties; administrative fine; injunction.—
546 (1) In addition to any other penalty provided in this
547 part, when the department finds any person, applicant, or
548 licensee has violated any provision of this part or rule adopted
549 under this part, it may enter an order imposing any one or more
550 of the following penalties:
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551 (a) Denial of an application for licensure.
552 (b) Revocation or suspension of a license.
553 (c) Issuance of a warning letter.
554 (d) Placement of the licensee on probation for a s pecified
555 period of time and subject to conditions the department may
556 specify by rule, including requiring the licensee to attend
557 continuing education courses, to demonstrate competency through
558 a written or practical examination, or to work under the direct
559 supervision of another licensee.
560 (e) Imposition of an administrative fine in the Class III
561 category pursuant to s. 570.971 for each violation. When
562 imposing a fine under this paragraph, the department shall
563 consider the degree and extent of harm caused by the violation,
564 the cost of rectifying the damage, the amount of money the
565 violator benefited from by noncompliance, whether the violation
566 was committed willfully, and the compliance record of the
567 violator.
568 (2) It is unlawful for a person to swear to or affirm a
569 false statement in an application for a license or certificate
570 issued pursuant to this chapter. A false statement contained in
571 an application for such license or certificate renders the
572 application, license, or certificate void.
573 (3) Cheating on an examination required for licensure
574 under this chapter or violating a published test center or
575 examination procedure provided orally, in writing, or
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576 electronically at the test site and affirmatively acknowledged
577 by the examinee renders the examinee's exam attempt void. The
578 department shall adopt rules establishing penalties for
579 examinees who violate this section. The department may exercise
580 discretion in assessing penalties based on the nature and
581 frequency of the violation.
582 (4) Except as provided under subsection (3), a Any person
583 who violates any provision of this part or rules adopted
584 pursuant thereto commits a misdemeanor of the second degree and
585 upon conviction is punishable as provided in s. 775.082 or s.
586 775.083. For a subsequent violation, such person commits a
587 misdemeanor of the first degree and upon conviction is
588 punishable as provided in s. 775.082 or s. 775.083.
589 (5)(3) In addition to the remedies provided in this part
590 and notwithstanding the existence of any adequate remedy at law,
591 the department may bring an action to enjoin the violation or
592 threatened violation of any provision of this part, or rule
593 adopted under this part, in the circuit court of the county in
594 which the violation occurred or is about to occur. Upon the
595 department's presentation of competent and substantial evidence
596 to the court of the violation or threatened violation, the court
597 shall immediately issue the temporary or permanent injunction
598 sought by the department. The injunction shall be issued without
599 bond. A single act in violation of any provision of this part is
600 shall be sufficient to authorize the issuance of an injunction.
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601 Section 12. Paragraph (b) of subsection (3) of section
602 493.6113, Florida Statutes, is amended to read:
603 493.6113 Renewal application for licensure.—
604 (3) Each licensee is responsible for renewing his or her
605 license on or before its expiration by filing with the
606 department an application for renewal accompanied by payment of
607 the renewal fee and the fingerprint retention fee to cover the
608 cost of ongoing retention in the statewide automated biometric
609 identification system established in s. 943.05(2)(b). Upon the
610 first renewal of a license issued under this chapter before
611 January 1, 2017, the licensee shall submit a full set of
612 fingerprints and fingerprint processing fees to cover the cost
613 of entering the fingerprints into the statewide automated
614 biometric identification system pursuant to s. 493.6108(4)(a)
615 and the cost of enrollment in the Federal Bureau of
616 Investigation's national retained print arrest notification
617 program. Subsequent renewals may be completed without submission
618 of a new set of fingerprints.
619 (b) Each Class "G" licensee shall additionally submit
620 proof that he or she has received during each year of the
621 license period a minimum of 4 hours of firearms requalification
622 training taught by a Class "K" licensee and has complied with
623 such other health and training requirements that the department
624 shall adopt by rule. Proof of completion of firearms
625 requalification training shall be submitted to the department
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626 upon completion of the training. A Class "G" licensee must
627 successfully complete this requalification training for each
628 type and caliber of firearm carried in the course of performing
629 his or her regulated duties. At the discretion of a Class "K"
630 instructor, a Class "G" licensee may qualify for up to two
631 calibers of firearms in one 4-hour firearm requalification class
632 if the licensee successfully completes training for each
633 firearm, including a separate course of fire for each caliber o f
634 firearm. If the licensee fails to complete the required 4 hours
635 of annual training during the first year of the 2-year term of
636 the license, the license is shall be automatically suspended.
637 The licensee must complete the minimum number of hours of range
638 and classroom training required at the time of initial licensure
639 and submit proof of completion of such training to the
640 department before the license may be reinstated. If the licensee
641 fails to complete the required 4 hours of annual training during
642 the second year of the 2-year term of the license, the licensee
643 must complete the minimum number of hours of range and classroom
644 training required at the time of initial licensure and submit
645 proof of completion of such training to the department before
646 the license may be renewed. The department may waive the
647 firearms training requirement if:
648 1. The applicant provides proof that he or she is
649 currently certified as a law enforcement officer or correctional
650 officer under the Criminal Justice Standards and Training
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651 Commission and has completed law enforcement firearms
652 requalification training annually during the previous 2 years of
653 the licensure period;
654 2. The applicant provides proof that he or she is
655 currently certified as a federal law enforcement officer and ha s
656 received law enforcement firearms training administered by a
657 federal law enforcement agency annually during the previous 2
658 years of the licensure period;
659 3. The applicant submits a valid firearm certificate among
660 those specified in s. 493.6105(6)(a) and provides proof of
661 having completed requalification training during the previous 2
662 years of the licensure period; or
663 4. The applicant provides proof that he or she has
664 completed annual firearms training in accordance with the
665 requirements of the federal Law Enforcement Officers Safety Act
666 under 18 U.S.C. ss. 926B-926C.
667 Section 13. Section 493.6127, Florida Statutes, is created
668 to read:
669 493.6127 Appointment of tax collectors to accept
670 applications and renewals for licenses; fees; penalties. —
671 (1) The department may appoint a tax collector, a county
672 officer as described in s. 1(d), Art. VIII of the State
673 Constitution, to accept new, renewal, and replacement license
674 applications on behalf of the department for licenses issued
675 under this chapter. Such appointment shall be for specified
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676 locations that will best serve the public interest and
677 convenience in persons applying for these licenses. The
678 department shall establish by rule the type of new, renewal, or
679 replacement licenses a tax collector appointed under this
680 section is authorized to accept.
681 (2) A tax collector seeking to be appointed to accept
682 applications for new, renewal, or replacement licenses must
683 submit a written request to the department stating his or her
684 name, address, telephone number, each location within the county
685 at which the tax collector wishes to accept applications, and
686 other information as required by the department.
687 (a) Upon receipt of a written request, the department
688 shall review it and may decline to enter into a mem orandum of
689 understanding or, if approved, may enter into a memorandum of
690 understanding with the tax collector to accept applications for
691 new or renewal licenses on behalf of the department.
692 (b) The department may rescind a memorandum of
693 understanding for any reason at any time.
694 (3) All information provided pursuant to s. 493.6105 or s.
695 493.6113 and contained in the records of a tax collector
696 appointed under this section which is confidential pursuant to
697 s. 493.6122, or any other state or federal law, retains its
698 confidentiality.
699 (4) A person may not handle an application for a license
700 issued pursuant to this chapter for a fee or compensation of any
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701 kind unless he or she has been appointed by the department to do
702 so.
703 (5) A tax collector appointed under this section may
704 collect and retain a convenience fee of $22 for each new
705 application, $12 for each renewal application, $12 for each
706 replacement license, $9 for fingerprinting services associated
707 with the completion of an application submitted online or by
708 mail, and $9 for photographing services associated with the
709 completion of an application submitted online or by mail, and
710 shall remit weekly to the department the license fees pursuant
711 to s. 790.06 for deposit in the Division of Licensing Trust
712 Fund.
713 (6) A person who willfully violates this section commits a
714 misdemeanor of the second degree, punishable as provided in s.
715 775.082 or s. 775.083.
716 (7) Upon receipt of a completed renewal or replacement
717 application, a new color photograph, and appropriate payment of
718 required fees, a tax collector authorized to accept renewal or
719 replacement applications for licenses under this section may,
720 upon approval and confirmation of license issuance by the
721 department, print and deliver a license to a licensee renewing
722 or replacing his or her license at the tax collector's office.
723 Section 14. Subsection (28) is added to section 496.404,
724 Florida Statutes, to read:
725 496.404 Definitions.—As used in ss. 496.401-496.424, the
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726 term:
727 (28) "Street address" means the physical location where
728 activities subject to regulation under this chapter are
729 conducted or where an applicant, licensee, or other referenced
730 individual actually resides. The term does not include a virtual
731 office, a post office box, or a mail drop.
732 Section 15. Present paragraphs (d) through (g) of
733 subsection (2) of section 496.405, Florida Statutes, are
734 redesignated as paragraphs (e) through (h), respectively, a new
735 paragraph (d) is added to that subsection, and paragraphs (b)
736 and (d) of subsection (1), subsection (3), and paragraph (b) of
737 subsection (7) of that section are amended, to read:
738 496.405 Registration statements by charitable
739 organizations and sponsors.—
740 (1) A charitable organization or sponsor, unless exempted
741 pursuant to s. 496.406, which intends to solicit contributions
742 in or from this state by any means or have funds solicited on
743 its behalf by any other person, charitable organization,
744 sponsor, commercial co-venturer, or professional solicitor, or
745 that participates in a charitable sales promotion or sponsor
746 sales promotion, must, before engaging in any of these
747 activities, file an initial registration statement, and a
748 renewal statement annually thereafter, with the department.
749 (b) Any changes to the information submitted to the
750 department pursuant to paragraph (2)(d) or paragraph (2)(e) on
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751 the initial registration statement or the last renewal statement
752 must be reported to the department on a form prescribed by the
753 department within 10 days after the change occurs.
754 (d) The registration of a charitable organization or
755 sponsor may not continue in effect and shall expire without
756 further action of the department under either of the following
757 circumstances:
758 1. After the date the charitable organization or sponsor
759 should have filed, but failed to file, its renewal statement in
760 accordance with this section.
761 2. For failure to provide a financial statement within any
762 extension period provided under s. 496.407.
763 (2) The initial registration statement must be submitted
764 on a form prescribed by the department, signed by an authorized
765 official of the charitable organization or sponsor who shall
766 certify that the registration statement is true and correct, and
767 include the following information or material:
768 (d) The name and street address of each institution where
769 banking or similar monetary transactions are done by the
770 charitable organization or sponsor, as well as the account
771 numbers associated with all transactions.
772 (3) Each chapter, branch, or affiliate of a parent
773 organization that is required to register under this section
774 must file a separate registration statement and financial
775 statement or report the required information to its parent
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776 organization, which shall then file, on a form prescribed by the
777 department, a consolidated registration statement for the parent
778 organization and its Florida chapters, branches, and affiliates.
779 A consolidated registration statement filed by a parent
780 organization must include or be accompanied by financial
781 statements as specified in s. 496.407 for the parent
782 organization and each of its Florida chapters, branches, and
783 affiliates that solicited or received contributions during the
784 preceding fiscal year. However, if all contributions received by
785 chapters, branches, or affiliates are remitted directly into a
786 depository account that feeds directly into the parent
787 organization's centralized accounting system from which all
788 disbursements are made, the parent organization may submit one
789 consolidated financial statement on a form prescribed by the
790 department. The consolidated financial statement must comply
791 with s. 496.407 and must reflect the activities of each chapter,
792 branch, or affiliate of the parent organization, including all
793 contributions received in the name of each chapter, branch, or
794 affiliate; all payments made to each chapter, branch, or
795 affiliate; and all administrative fees assessed to each chapter,
796 branch, or affiliate. A copy of Internal Revenue Service Form
797 990 and all attached schedules filed for the preceding fiscal
798 year, or a copy of Internal Revenue Service Form 990-EZ and
799 Schedule O for the preceding fiscal year, for the parent
800 organization and each Florida chapter, branch, or affiliate that
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801 is required to file such forms must be attached to the
802 consolidated financial statement.
803 (7)
804 (b) If a charitable organization or sponsor discloses
805 information specified in subparagraphs (2)(e)2.-7. subparagraphs
806 (2)(d)2.-7. in the initial registration statement or annual
807 renewal statement, the time limits set forth in paragraph (a)
808 are waived, and the department must shall process such initial
809 registration statement or annual renewal statement in accordance
810 with the time limits set forth in chapter 120. The registration
811 of a charitable organization or sponsor shall be automatically
812 suspended for failure to disclose any information specified in
813 subparagraphs (2)(e)2.-7. subparagraphs (2)(d)2.-7. until such
814 time as the required information is submitted to the department.
815 Section 16. Paragraph (a) of subsection (2) of section
816 496.406, Florida Statutes, is amended to read:
817 496.406 Exemption from registration.—
818 (2) Before soliciting contributions, a charitable
819 organization or sponsor claiming to be exempt from the
820 registration requirements of s. 496.405 under paragraph (1)(d)
821 must submit annually to the department, on forms prescribed by
822 the department:
823 (a) The name, street address, and telephone number of the
824 charitable organization or sponsor, the name under which it
825 intends to solicit contributions, the purpose for which it is
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826 organized, and the purpose or purposes for which the
827 contributions to be solicited will be used.
828 Section 17. Paragraph (a) of subsection (1) and subsection
829 (3) of section 496.407, Florida Statutes, are amended to read:
830 496.407 Financial statement.—
831 (1) A charitable organization or sponsor that is required
832 to initially register or annually renew registration must file
833 an annual financial statement for the immediately preceding
834 fiscal year on a form prescribed by the department.
835 (a) The statement must include the following:
836 1. A balance sheet.
837 2. A statement of support, revenue and expenses, and any
838 change in the fund balance.
839 3. The names and street addresses of the charitable
840 organizations or sponsors, professional fundraising consultant,
841 professional solicitors, and commercial co-venturers used, if
842 any, and the amounts received therefrom, if any.
843 4. A statement of functional expenses that must include,
844 but is not limited to, expenses in the following categories:
845 a. Program service costs.
846 b. Management and general costs.
847 c. Fundraising costs.
848 (3) Upon a showing of good cause by a charitable
849 organization or sponsor, The department may extend the time for
850 the filing of a financial statement required under this section
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851 by up to 180 days, during which time the previous registration
852 shall remain active. The registration must shall be
853 automatically suspended for failure to file the financial
854 statement within the extension period.
855 Section 18. Paragraph (c) of subsection (2) of section
856 496.409, Florida Statutes, is amended to read:
857 496.409 Registration and duties of professional
858 fundraising consultant.—
859 (2) Applications for registration or renewal of
860 registration must be submitted on a form prescribed by the
861 department, signed by an authorized official of the professional
862 fundraising consultant who shall certify that the report is true
863 and correct, and must include the following information:
864 (c) The names and street residence addresses of all
865 principals of the applicant, including all officers, directors,
866 and owners.
867 Section 19. Paragraphs (d) and (j) of subsection (2),
868 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of
869 subsection (10), and subsection (11) of section 496.410, Florida
870 Statutes, are amended to read:
871 496.410 Registration and duties of professional
872 solicitors.—
873 (2) Applications for registration or renewal of
874 registration must be submitted on a form prescribed by rule of
875 the department, signed by an authorized official of the
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876 professional solicitor who shall certify that the report is true
877 and correct, and must include the following information:
878 (d) The names and street residence addresses of all
879 principals of the applicant, including all officers, directors,
880 and owners.
881 (j) A list of all telephone numbers the applicant will use
882 to solicit contributions as well as the actual street physical
883 address associated with each telephone number and any fictitious
884 names associated with such address.
885 (6) No less than 15 days before commencing any
886 solicitation campaign or event, the professional solicitor must
887 file with the department a solicitation notice on a form
888 prescribed by the department. The notice must be signed and
889 sworn to by the contracting officer of the professional
890 solicitor and must include:
891 (c) The legal name and street residence address of each
892 person responsible for directing and supervising the conduct of
893 the campaign.
894 (10) During each solicitation campaign, and for not less
895 than 3 years after its completion, the professional solicitor
896 shall maintain the following records:
897 (a) The date and amount of each contribution received and
898 the name, street address, and telephone number of each
899 contributor.
900 (b) The name and residence street address of each
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901 employee, agent, and any other person, however designated, who
902 is involved in the solicitation, the amount of compensation paid
903 to each, and the dates on which the payments were made.
904 (h) If a refund of a contribution has been requested, the
905 name and street address of each person requesting the refund,
906 and, if a refund was made, its amount and the date it was made.
907 (11) If the professional solicitor sells tickets to any
908 event and represents that the tickets will be donated for use by
909 another person, the professional solicitor also must shall
910 maintain for the same period as specified in subsection (10) the
911 following records:
912 (a) The name and street address of each contributor who
913 purchases or donates tickets and the number of tickets purchased
914 or donated by the contributor.
915 (b) The name and street address of each organization that
916 receives the donated tickets for the use of others, and the
917 number of tickets received by the organization.
918 Section 20. Paragraph (a) of subsection (2) of section
919 496.4101, Florida Statutes, is amended to read:
920 496.4101 Licensure of professional solicitors and certain
921 employees thereof.—
922 (2) Persons required to obtain a solicitor license under
923 subsection (1) shall submit to the department, in such form as
924 the department prescribes, an application for a solicitor
925 license. The application must include the following information:
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926 (a) The true name, date of birth, unique identification
927 number of a driver license or other valid form of
928 identification, and street home address of the applicant.
929 Section 21. Paragraph (c) of subsection (2) of section
930 496.411, Florida Statutes, is amended, and paragraph (e) of that
931 subsection is reenacted, to read:
932 496.411 Disclosure requirements and duties of charitable
933 organizations and sponsors.—
934 (2) A charitable organization or sponsor soliciting in
935 this state must include all of the following disclosures at the
936 point of solicitation:
937 (c) Upon request, the name and either the street address
938 or telephone number of a representative to whom inquiries may be
939 addressed.
940 (e) Upon request, the source from which a written
941 financial statement may be obtained. Such financial statement
942 must be for the immediate preceding fiscal year and must be
943 consistent with the annual financial statement filed under s.
944 496.407. The written financial statement must be provided within
945 14 days after the request and must state the purpose for which
946 funds are raised, the total amount of all contributions raised,
947 the total costs and expenses incurred in raising contributions,
948 the total amount of contributions dedicated to the stated
949 purpose or disbursed for the stated purpose, and whether the
950 services of another person or organization have been contracted
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951 to conduct solicitation activities.
952 Section 22. Paragraph (a) of subsection (2) of section
953 496.4121, Florida Statutes, is amended to read:
954 496.4121 Collection receptacles used for donations.—
955 (2) A collection receptacle must display a permanent sign
956 or label on each side which contains the following information
957 printed in letters that are at least 3 inches in height and no
958 less than one-half inch in width, in a color that contrasts with
959 the color of the collection receptacle:
960 (a) For a collection receptacle used by a person required
961 to register under this chapter, the name, street business
962 address, telephone number, and registration number of the
963 charitable organization or sponsor for whom the solicitation is
964 made.
965 Section 23. Paragraph (a) of subsection (2) and subsection
966 (6) of section 496.425, Florida Statutes, are amended to read:
967 496.425 Solicitation of funds within public transportation
968 facilities.—
969 (2) Any person desiring to solicit funds within a facility
970 shall first obtain a written permit therefor from the authority
971 responsible for the administration of the facility.
972 (a) An application in writing for such permit must shall
973 be submitted to the authority and must state shall set forth:
974 1. The full name, street mailing address, and telephone
975 number of the person or organization sponsoring, promoting, or
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976 conducting the proposed activities;
977 2. The full name, street mailing address, and telephone
978 number of each person who will participate in such activities
979 and of the person who will have supervision of and
980 responsibility for the proposed activities;
981 3. A description of the proposed activities indicating the
982 type of communication to be involved;
983 4. The dates on and the hours during which the activities
984 are proposed to be carried out and the expected duration of the
985 proposed activities; and
986 5. The number of persons to be engaged in such activities.
987 (6) Each individual solicitor shall display prominently on
988 her or his person a badge or insignia, provided by the solicitor
989 and approved by the authority, bearing the signature of a
990 responsible officer of the authority and that of th e solicitor
991 and describing the solicitor by name, age, height, weight, eye
992 color, hair color, street address, and principal occupation and
993 indicating the name of the organization for which funds are
994 solicited.
995 Section 24. Effective upon this act becoming a law,
996 present paragraphs (k) through (y) of subsection (1) of section
997 500.03, Florida Statutes, are redesignated as paragraphs (l)
998 through (z), respectively, and a new paragraph (k) is added to
999 that subsection, to read:
1000 500.03 Definitions; construction; applicability.—
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1001 (1) For the purpose of this chapter, the term:
1002 (k) "Cultivated meat" means any meat or food product
1003 produced from cultured animal cells.
1004 Section 25. Effective upon this act becoming a law,
1005 section 500.452, Florida Statutes, is created to read:
1006 500.452 Cultivated meat; prohibition; penalties.—
1007 (1) It is unlawful for any person to manufacture, sell,
1008 hold or offer for sale, or distribute cultivated meat in this
1009 state.
1010 (2) A person who violates this section commits a
1011 misdemeanor of the second degree, punishable as provided in s.
1012 775.082 or s. 775.083.
1013 (3) A food establishment that manufactures, distributes,
1014 or sells cultivated meat in violation of this section is subject
1015 to disciplinary action pursuant to s. 500.121.
1016 (4) In addition to the penalties provided in this section,
1017 the license of any restaurant, store, or other business may be
1018 suspended as provided in the applicable licensing law upon the
1019 conviction of an owner or employee of that business for a
1020 violation of this section in connection with that business.
1021 (5) A product found to be in violation of this section is
1022 subject to s. 500.172 and an immediate stop-sale order.
1023 (6) The department may adopt rules to implement this
1024 section.
1025 Section 26. Subsection (10) is added to section 507.07,
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1026 Florida Statutes, to read:
1027 507.07 Violations.—It is a violation of this chapter:
1028 (10) For a mover to place a shipper's goods in a self-
1029 service storage unit or self-contained storage unit owned by
1030 anyone other than the mover unless those goods are stored in the
1031 name of the shipper and the shipper contracts directly with the
1032 owner of the self-service storage unit or self-contained storage
1033 unit.
1034 Section 27. Section 531.67, Florida Statutes, is repealed.
1035 Section 28. Paragraphs (d) and (e) of subsection (1) and
1036 paragraph (a) of subsection (3) of section 559.904, Florida
1037 Statutes, are amended to read:
1038 559.904 Motor vehicle repair shop registration;
1039 application; exemption.—
1040 (1) Each motor vehicle repair shop engaged or attempting
1041 to engage in the business of motor vehicle repair work must
1042 register with the department prior to doing business in this
1043 state. The application for registration must be on a form
1044 provided by the department and must include at least the
1045 following information:
1046 (d) Copies of all licenses, permits, and certifications
1047 obtained by the applicant or employees of the applicant.
1048 (e) Number of employees who perform repairs at each
1049 location or whom which the applicant intends to employ or which
1050 are currently employed.
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1051 (3)(a) Each application for registration must be
1052 accompanied by a registration fee for each location calculated
1053 on a per-year basis as follows:
1054 1. If the place of business has 1 to 5 employees who
1055 perform repairs: $50.
1056 2. If the place of business has 6 to 10 employees who
1057 perform repairs: $150.
1058 3. If the place of business has 11 or more employees who
1059 perform repairs: $300.
1060 Section 29. Subsections (1) and (2) of section 559.905,
1061 Florida Statutes, are amended to read:
1062 559.905 Written motor vehicle repair estimate and
1063 disclosure statement required.—
1064 (1) When any customer requests a motor vehicle repair shop
1065 to perform repair work on a motor vehicle, the cost of which
1066 repair work will exceed $150 $100 to the customer, the shop
1067 shall prepare a written repair estimate, which is a form setting
1068 forth the estimated cost of repair work, including diagnostic
1069 work, before effecting any diagnostic work or repair. The
1070 written repair estimate must shall also include all of the
1071 following items:
1072 (a) The name, address, and telephone number of the motor
1073 vehicle repair shop.
1074 (b) The name, address, and telephone number of the
1075 customer.
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1076 (c) The date and time of the written repair estimate.
1077 (d) The year, make, model, odometer reading, and license
1078 tag number of the motor vehicle.
1079 (e) The proposed work completion date.
1080 (f) A general description of the customer's problem or
1081 request for repair work or service relating to the motor
1082 vehicle.
1083 (g) A statement as to whether the customer is being
1084 charged according to a flat rate or an hourly rate, or both.
1085 (h) The estimated cost of repair which must shall include
1086 any charge for shop supplies or for hazardous or other waste
1087 removal and, if a charge is included, the estimate must shall
1088 include the following statement:
1089
1090 "This charge represents costs and profits to the motor
1091 vehicle repair facility for miscellaneous shop
1092 supplies or waste disposal."
1093
1094 If a charge is mandated by state or federal law, the estimate
1095 must shall contain a statement identifying the law and the
1096 specific amount charged under the law.
1097 (i) The charge for making a repair price estimate or, if
1098 the charge cannot be predetermined, the basis on which the
1099 charge will be calculated.
1100 (j) The customer's intended method of payment.
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1101 (k) The name and telephone number of another person who
1102 may authorize repair work, if the customer desires to designate
1103 such person.
1104 (l) A statement indicating what, if anything, is
1105 guaranteed in connection with the repair work and the time and
1106 mileage period for which the guarantee is effective.
1107 (m) A statement allowing the customer to indicate whether
1108 replaced parts should be saved for inspection or return.
1109 (n) A statement indicating the daily charge for storing
1110 the customer's motor vehicle after the customer has been
1111 notified that the repair work has been completed. However, no
1112 storage charges may not shall accrue or be due and payable for a
1113 period of 3 working days from the date after of such
1114 notification.
1115 (2) If the cost of repair work will exceed $150 $100, the
1116 shop must shall present to the customer a written notice
1117 conspicuously disclosing, in a separate, blocked section, only
1118 the following statement, in capital letters of at least 12 -point
1119 type:
1120
1121 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
1122 SIGN:
1123 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
1124 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150 $100.
1125
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1126 .... I REQUEST A WRITTEN ESTIMATE.
1127
1128 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
1129 REPAIR COSTS DO NOT EXCEED $ ..... THE SHOP MAY NOT EXCEED THIS
1130 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
1131
1132 .... I DO NOT REQUEST A WRITTEN ESTIMATE.
1133
1134 SIGNED ............ DATE ....
1135
1136 Section 30. Section 570.69, Florida Statutes, is amended
1137 to read:
1138 570.69 Definitions; ss. 570.69 and 570.691.—For the
1139 purpose of this section and s. 570.691:
1140 (1) "Center" means the Florida Agricultural Legacy
1141 Learning Center.
1142 (2) "Designated program" means the departmental program
1143 that which a direct-support organization has been created to
1144 support.
1145 (3)(2) "Direct-support organization" or "organization"
1146 means an organization that which is a Florida corporation not
1147 for profit incorporated under chapter 617 and approved by the
1148 department to operate for the benefit of a museum or a
1149 designated program.
1150 (3) "Museum" means the Florida Agricultural Museum, which
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1151 is designated as the museum for agriculture and rural history of
1152 the State of Florida.
1153 Section 31. Subsections (1), (2), (4), (5), and (7) of
1154 section 570.691, Florida Statutes, are amended to read:
1155 570.691 Direct-support organization.—
1156 (1) The department may authorize the establishment of
1157 direct-support organizations to provide assistance, funding, and
1158 promotional support for the museums and other programs of the
1159 department. The following provisions shall govern the creation,
1160 use, powers, and duties of the direct-support organizations:
1161 (a) The department shall enter into a memorandum or letter
1162 of agreement with the direct-support organization, which must
1163 shall specify the approval of the department, the powers and
1164 duties of the direct-support organization, and rules with which
1165 the direct-support organization must comply.
1166 (b) The department may authorize, without charge,
1167 appropriate use of property, facilities, and personnel of the
1168 department by the direct-support organization. The use must
1169 shall be for the approved purposes of the direct-support
1170 organization and may not be made at times or places that would
1171 unreasonably interfere with opportunities for the general public
1172 to use department facilities.
1173 (c) The department shall prescribe by agreement conditions
1174 with which the direct-support organization must comply in order
1175 to use property, facilities, or personnel of the department.
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1176 Such conditions must shall provide for budget and audit review
1177 and oversight by the department.
1178 (d) The department may not authorize the use of p roperty,
1179 facilities, or personnel of the center museum, department, or
1180 designated program by the direct-support organization that does
1181 not provide equal employment opportunities to all persons
1182 regardless of race, color, religion, sex, age, or national
1183 origin.
1184 (2)(a) The direct-support organization may conduct
1185 programs and activities; raise funds; request and receive
1186 grants, gifts, and bequests of money; acquire, receive, hold,
1187 invest, and administer, in its own name, securities, funds,
1188 objects of value, or other property, real or personal; and make
1189 expenditures to or for the direct or indirect benefit of the
1190 center museum or designated program.
1191 (b) Notwithstanding the provisions of s. 287.025(1)(e),
1192 the direct-support organization may enter into contracts to
1193 insure property of the center museum or designated programs and
1194 may insure objects or collections on loan from others in
1195 satisfying security terms of the lender.
1196 (4) A department employee, direct-support organization or
1197 center museum employee, volunteer, or director, or designated
1198 program may not do either of the following:
1199 (a) Receive a commission, fee, or financial benefit in
1200 connection with the sale or exchange of real or personal
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1201 property or historical objects to the direct-support
1202 organization, the center museum, or the designated program.; or
1203 (b) Be a business associate of any individual, firm, or
1204 organization involved in the sale or exchange of real or
1205 personal property to the direct-support organization, the center
1206 museum, or the designated program.
1207 (5) All moneys received by the direct-support organization
1208 shall be deposited into an account of the direct-support
1209 organization and must shall be used by the organization in a
1210 manner consistent with the goals of the center museum or
1211 designated program.
1212 (7) The Commissioner of Agriculture, or the commissioner's
1213 designee, may serve on the board of trustees and the executive
1214 committee of any direct-support organization established to
1215 benefit the center museum or any designated program.
1216 Section 32. Section 570.692, Florida Statutes, is amended
1217 to read:
1218 570.692 Florida Agricultural Legacy Learning Center
1219 Museum.—The Florida Agricultural Legacy Learning Center Museum
1220 is designated as the legacy learning center for museum of
1221 agriculture and rural history of this the state of Florida and
1222 is hereby established within the department.
1223 Section 33. Section 581.189, Florida Statutes, is created
1224 to read:
1225 581.189 Dealing in, buying, transporting, and processing
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1226 saw palmetto berries.—
1227 (1) As used in this section, the term:
1228 (a) "Harvest" or "harvesting" means to dig up, remove, or
1229 cut and remove saw palmetto berries from the place where they
1230 are grown.
1231 (b) "Harvester" means a person, firm, or corporation that
1232 takes, harvests, or attempts to take or harvest saw palmetto
1233 berries.
1234 (c) "Landowner" means:
1235 1. The public agency administering any public lands; or
1236 2. The person who holds legal title to the real property
1237 from which saw palmetto berries are harvested or the person
1238 having possession, control, or use of that land which has lawful
1239 authority to grant permission to harvest saw palmetto berries
1240 from the land.
1241 (d) "Person" means an individual, a partnership, a
1242 corporation, an association, or any other legal entity.
1243 (e) "Saw palmetto berries" means the fruit of the plant
1244 Serenoa repens, commonly known as the saw palmetto.
1245 (f) "Saw palmetto berry dealer" means a person that
1246 purchases or otherwise obtains saw palmetto berries from a
1247 seller for the purpose of selling the saw palmetto berries at
1248 retail or for the purpose of selling the saw palmetto berries to
1249 another saw palmetto berry dealer or for both such purposes.
1250 This term also includes a person who purchases saw palmetto
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1251 berries directly from a landowner for the purpose of selling the
1252 saw palmetto berries at retail.
1253 (g) "Seller" means a person that exchanges or offers to
1254 exchange saw palmetto berries for money or for any other
1255 valuable consideration.
1256 (2) It is unlawful for any person to willfully destroy,
1257 harvest, or sell saw palmetto berries on the private land of
1258 another or on any public land without first obtaining written
1259 permission from the landowner or legal representative of the
1260 landowner and a permit from the department as provided in s.
1261 581.185. The landowner's written permission must include all of
1262 the following information:
1263 (a) The name, address, and telephone number of the
1264 landowner.
1265 (b) The start date, end date, and location, including
1266 county, of the harvest.
1267 (c) The landowner's actual or electronic signature.
1268 (3)(a) A saw palmetto berry dealer that purchases saw
1269 palmetto berries from a landowner or a person harvesting saw
1270 palmetto berries from another's property shall:
1271 1. Maintain a bill of lading, a copy of the harvester's
1272 entire permit, as provided in s. 581.185, a copy of the
1273 landowner's written permission to harvest, and all of the
1274 following:
1275 a. The name, address, and telephone number of the seller.
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