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Home Source documents Meeting Packet — Commerce Committee, Florida House of Representatives (February 15, 2024)

Meeting Packet — Commerce Committee, Florida House of Representatives (February 15, 2024)

Summary

The meeting packet for the Florida House of Representatives Commerce Committee covers the Thursday, February 15, 2024 meeting at Webster Hall (212 Knott). The agenda lists CS/HB 47 (Municipal Water and Sewer Utility Rates), HB 59, CS/HB 605 (Asset Protection Products) and CS/HB 1347, plus proposed committee bills PCB COM 24-01 (Fantasy Sports Contest Amusement Act) and PCB COM 24-02 (Fees). The staff analysis of CS/HB 47 says a municipality operating a water or sewer utility outside its boundaries must charge consumers in a separate municipality the same rates as within its boundaries if it uses a treatment plant located in that separate municipality. The text of PCB COM 24-02 says fees collected by the commission are deposited into the Pari-mutuel Wagering Trust Fund.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet — Commerce Committee, Florida House of Representatives (February 15, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-02-15-3220-commerce-committee-meeting-packets-fn-com-2-15-24-e9fc7b46af/, SHA-256 50175ebc09975698cec6ff4ab2ecbf3d0cd908e2847b463694c739f64cf7b8b0.

Full text

              Commerce Committee
               Thursday, February 15, 2024
                   9:00 AM - 1:00 PM
                 Webster Hall (212 Knott)




                     Meeting Packet




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

Paul Renner                                                                                         Bob Rommel
Speaker                                                                                                   Chair



                                             Meeting Agenda
                                       Thursday, February 15, 2024
                                           9:00 am – 1:00 pm
                                        Webster Hall (212 Knott)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       CS/HB 47 Municipal Water and Sewer Utility Rates by Energy, Communications &
       Cybersecurity Subcommittee, Robinson, F.

       HB 59 Provision Of Homeowners' Association Rules and Covenants by Arrington

       CS/CS/HB 267 Building Regulations by Local Administration, Federal Affairs & Special
       Districts Subcommittee, Regulatory Reform & Economic Development Subcommittee,
       Esposito

       CS/HB 293 Hurricane Protections for Homeowners' Associations by Regulatory Reform
       & Economic Development Subcommittee, Sirois, Daniels

       CS/HB 605 Asset Protection Products by Insurance & Banking Subcommittee, Tramont

       CS/HB 1245 Veterinary Professional Associates by Regulatory Reform & Economic
       Development Subcommittee, Killebrew

       CS/CS/HB 1277 Municipal Utilities by Local Administration, Federal Affairs & Special
       Districts Subcommittee, Energy, Communications & Cybersecurity Subcommittee,
       Busatta Cabrera



                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
      CS/HB 1335 Department of Business and Professional Regulation by State
      Administration & Technology Appropriations Subcommittee, Maggard

      HB 1347 Consumer Finance Loans by Brackett

      CS/HB 1465 Pet Insurance and Wellness Programs by Insurance & Banking
      Subcommittee, Tuck

      CS/HB 1579 Occupational Licensing by State Administration & Technology
      Appropriations Subcommittee, Mooney

      CS/HB 1645 Energy Resources by Energy, Communications & Cybersecurity
      Subcommittee, Payne

      Consideration of the following proposed committee substitute(s):

      PCS for CS/HB 1203 -- Homeowners' Associations

      PCS for CS/HB 1273 -- Reciprocity or Endorsement of Licensure

      Consideration of the following proposed committee bill(s):

      PCB COM 24-01 -- Fantasy Sports Contest Amusement Act

      PCB COM 24-02 – Fees

V.    Closing Remarks

VI.   Adjournment
CS/HB 47
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 47 Municipal Water and Sewer Utility Rates
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, Robinson, F.
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 104

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                   15 Y, 0 N, As CS        Bauldree           Keating
       Subcommittee

    2) Local Administration, Federal Affairs & Special          16 Y, 0 N               Burgess            Darden
       Districts Subcommittee

    3) Commerce Committee                                                               Bauldree           Hamon


                                            SUMMARY ANALYSIS
Municipalities are authorized by general law to provide water and sewer utility services and to set the rates,
fees, and charges for such services. These utility systems are exempt from the rate-setting jurisdiction of the
Florida Public Service Commission. A municipality that provides water or sewer utility service outside of its
municipal boundaries may impose, subject to limits specified in Florida law, higher rates, fees, and charges on
consumers receiving service outside of its boundaries as compared to the rates, fees, and charges imposed on
consumers within its boundaries. Most municipal utility systems are governed by the municipality’s governing
body (i.e., the city commission).

The bill states that a municipality which operates a water or sewer utility outside its municipal boundaries must
charge consumers outside its boundaries the same rates, fees, and charges as it charges consumers within its
boundaries if:
    The consumers are located in a separate municipality, and
    The charging municipality uses a water or sewer treatment plant located in the separate municipality to
        serve those consumers.

The bill does not appear to impact state government revenues or state or local government expenditures. The
bill may have a negative fiscal impact on certain local revenues. See Fiscal Analysis & Economic Impact
Statement.

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

This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.




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

        Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate,
        and proprietary powers to enable them to conduct municipal government, perform municipal functions,
        and render municipal services. Municipalities may exercise any power for municipal purposes, except
        when expressly prohibited by law.1 The legislative body of each municipality has the power to enact
        legislation on any subject upon which the state Legislature may act with certain exceptions.2 Under
        their home rule power and as otherwise provided or limited by law or agreement, municipalities may
        provide utilities to citizens and entities within the municipality’s corporate boundaries, in unincorporated
        areas, and even in other municipalities.

        Municipalities are authorized by general law to provide water and sewer utility services. 3 With respect
        to public works projects, including water and sewer utility services, 4 municipalities may extend and
        execute their corporate powers outside of their corporate limits as “desirable or necessary for the
        promotion of the public health, safety and welfare.” 5 A municipality may not extend or apply these
        corporate powers within the corporate limits of another municipality. 6 However, it may permit any other
        municipality and the owners of lands outside its corporate limits or within the limits of another
        municipality to connect with its water and sewer utility facilities and use its services upon agreed terms
        and conditions.7 An informal study conducted in 2014 indicated that approximately 250 municipalities
        provide water service and approximately 220 municipalities provide wastewater service. Of these
        municipalities, the study found that approximately 140 provide water and/or wastewater services to
        consumers outside of their municipal boundaries, which may include consumers in unincorporated
        areas of counties or in other municipalities.8 These utility systems are exempt from the jurisdiction of
        the Florida Public Service Commission.9

        A municipality that operates a water or sewer utility outside of its municipal boundaries may impose
        higher rates, fees, and charges on consumers receiving service outside of its corporate boundaries as




1 Section 166.021(2),   F.S., provides that any activity or power which may be exercised by the state or its political
subdivisions is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation,

merger, and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited
by the constitution; any subject expressly preempted to state or county government by the constitution or by general law;
and any subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection

and disposal of sewage, including wastewater reuse, and other liquid wastes; ” and “construct reservoirs, sewerage
systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems,
purification works, collection systems, treatment and disposal works ” to accomplish these purposes.
4 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water

flow and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas
plants and distribution systems, and related facilities.
5 S. 180.02(2), F.S.
6 Id.
7 S. 180.19, F.S.
8 Analysis of House Bill 813 (2014), Florida House of Representatives.
9 S. 367.022(2), F.S.
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        compared to the rates, fees, and charges imposed on consumers within its boundaries. The
        municipality can accomplish this in two ways:

                First, for consumers outside of its boundaries, it may add a surcharge of up to 25 percent of the
                 rates, fees, and charges imposed on consumers within its boundaries. This mechanism does
                 not require a public hearing.10
                Second, it may set separate rates, fees, and charges for consumers outside its boundaries
                 based on the same factors used to set rates for consumers within its boundaries. It may add a
                 surcharge of up to 25 percent of these charges, provided that the total of all such rates, fees,
                 and charges for service to consumers outside its boundaries may not exceed the total charges
                 to consumers within its boundaries by more than 50 percent for corresponding service. Rates
                 set in this manner require a public hearing at which all users served or to be served by the
                 water or sewer utilities and all other interested persons will have an opportunity to be heard
                 concerning the proposed rates.11

        For example, the City of North Miami Beach owns the Norwood Water Treatment Plant, which is
        located in Miami Gardens, and charges consumers outside of North Miami Beach municipal boundaries
        a 25% surcharge, including consumers in Miami Gardens. 12 However, there is no central repository for
        information concerning municipal water or sewer service rates that identifies municipalities that impose
        higher rates on consumers outside of the municipal boundaries, the specific mechanism used by such
        municipalities to establish such rates, or the level of any additional charge or surcharge imposed.

        Effect of the Bill

        The bill provides that a municipality which operates a water or sewer utility outside its municipal
        boundaries must charge consumers outside its boundaries the same rates, fees, and charges as it
        charges consumers within its boundaries if:
            The consumers are located in a separate municipality, and
            The charging municipality uses a water or sewer treatment plant located in the separate
                 municipality to serve those consumers.

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

    B. SECTION DIRECTORY:
        Section 1: Amends s. 180.191, F.S., relating to limitations on rates charged to consumers outside city
        limits.

        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.


10 S. 180.191(1)(a),F.S.
11 S. 180.191(1)(b),F.S.
12 Kevin Ozebek & Leisa Williams, New study reveals how much more some Miami Gardens residents are paying for

water, WSVN (January 19, 2023), https://wsvn.com/news/investigations/new-study-reveals-how-much-more-some-miami-
gardens-residents-are-paying-for-water/ (last visited January 5, 2024).
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   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill may have a negative fiscal impact on municipalities which own and operate water or sewer
           utilities and serve consumers located in another municipality with facilities located in the recipient
           municipality, as it reduces the amount that those municipal water and sewer utilities that use such
           facilities can charge such consumers.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may result in cost savings for certain municipal water and sewer utility consumers located
       outside of municipal boundaries.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         The county/municipality mandates provision of Art. VII, section 18(b), of the Florida Constitution may
         apply because this bill reduces the amount that certain municipal water and sewer utilities can
         charge consumers outside of the municipal boundaries. If the bill does qualify as a mandate, final
         passage must be approved by two-thirds of the membership of each house of the Legislature.

       2. Other:
         None.

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

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On January 10, 2024, the Energy, Communications & Cybersecurity Subcommittee adopted an
   amendment and reported the bill favorably as a committee substitute. The amendment clarified that the bill
   applies to municipal water or sewer utilities serving consumers within the boundaries of a separate
   municipality using a “water treatment plant or sewer treatment plant” within the boundaries of that separate
   municipality.

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




STORAGE NAME: h0047d.COM                                                                                   PAGE: 4
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           CS/HB 47                                                                                             2024




    1                                         A bill to be entitled
    2              An act relating to municipal water and sewer utility
    3              rates; amending s. 180.191, F.S.; requiring a
    4              municipality to charge consumers receiving its utility
    5              services in another municipality the same rates, fees,
    6              and charges as it charges consumers within its own
    7              municipal boundaries under certain circumstances;
    8              providing an effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                 Section 1.         Subsections (2), (3), and (4) of section
13         180.191, Florida Statutes, are renumbered as subsections (3),
14         (4), and (5), respectively, subsection (1) is amended, and a new
15         subsection (2) is added to that section, to read:
16                 180.191        Limitation on rates charged consumer outside city
17         limits.—
18                 (1)         Any municipality within this the state that operates
19         operating a water or sewer utility outside of the boundaries of
20         the such municipality shall charge consumers outside the
21         boundaries rates, fees, and charges determined in one of the
22         following manners:
23                 (a)         It may charge the same rates, fees, and charges as
24         consumers inside the municipal boundaries. However, in addition
25         thereto, the municipality may add a surcharge of not more than

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0047-01-c1
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        CS/HB 47                                                                                             2024




26      25 percent of such rates, fees, and charges to consumers outside
27      the boundaries, except as provided in subsection (2). Fixing of
28      the such rates, fees, and charges in this manner does shall not
29      require a public hearing except as may be provided for service
30      to consumers inside the municipality.
31              (b)         It may charge rates, fees, and charges that are just
32      and equitable and that which are based on the same factors used
33      in fixing the rates, fees, and charges for consumers inside the
34      municipal boundaries, except as provided in subsection (2). In
35      addition thereto, the municipality may add a surcharge not to
36      exceed 25 percent of the such rates, fees, and charges for said
37      services to consumers outside the boundaries. However, the total
38      of all the such rates, fees, and charges for the services to
39      consumers outside the boundaries may shall not be more than 50
40      percent in excess of the total amount the municipality charges
41      consumers served within the municipality for corresponding
42      service. The No Such rates, fees, and charges may not shall be
43      fixed until after a public hearing at which all of the users of
44      the water or sewer systems; owners, tenants, or occupants of
45      property served or to be served thereby; and all others
46      interested have had shall have an opportunity to be heard
47      concerning the proposed rates, fees, and charges. Any change or
48      revision of the such rates, fees, or charges may be made in the
49      same manner as the such rates, fees, or charges were originally
50      established, but if a such change or revision is to be made

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                                                                                                         hb0047-01-c1
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        CS/HB 47                                                                                             2024




51      substantially pro rata as to all classes of service, both inside
52      and outside the municipality, a no hearing or notice is not
53      shall be required.
54              (2)         Any municipality within this state that operates a
55      water or sewer utility providing service to consumers w ithin the
56      boundaries of a separate municipality using a water treatment
57      plant or sewer treatment plant located within the boundaries of
58      that separate municipality shall charge consumers in the
59      separate municipality the same rates, fees, and charges as it
60      charges the consumers within its own municipal boundaries.
61              Section 2.         This act shall take effect July 1, 2024.




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     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0047-01-c1
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                 14 Y, 0 N               Larkin             Anstead
     Subcommittee

  2) Civil Justice Subcommittee                               14 Y, 0 N               Mawn               Jones

  3) Commerce Committee                                                               Larkin             Hamon


                                          SUMMARY ANALYSIS
A homeowners’ association (HOA) is a community association in which voting membership is made up of
parcel owners, membership is a mandatory condition of parcel ownership, and the association is 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, including a copy of the
HOA’s declaration of covenants, amendments thereto, 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 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 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.

The bill also allows HOAs to 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 .
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DATE: 2/13/2024
                                                  FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        A homeowners’ association (HOA) is a community association in which voting membership is made up
        of parcel owners, membership is a mandatory condition of parcel ownership, and the association is
        authorized to impose assessments that, if unpaid, may become a lien on the parcel. 1 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 and its board 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.3 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. 4

        HOA Governing Documents

        An HOA’s governing documents include the:
            Recorded declaration of covenants for a community and all duly adopted amendments thereto;
            HOA’s articles of incorporation and bylaws and any duly adopted amendments thereto; and
            Rules and regulations adopted under the authority of the recorded declaration, articles of
             incorporation, or bylaws and any duly adopted amendments thereto. 5

        The declaration of covenants, much like a constitution, establishes the community’s basic covenants
        and restrictions.6 The articles of incorporation establish the HOA’s existence, basic structure, and
        governance.7 The bylaws govern the HOA’s operation and administration, while the rules and
        regulations typically supplement the other documents, addressing matters of everyday policy. 8

        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.9 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. 10

        Official Records



1 S. 720.301(9),  F.S.
2 See generally  ch. 720, F.S.
3 S. 720.303(1), F.S.
4 S. 720.311, F.S.
5 S. 720.301(8), F.S.
6 Joseph Adams, HOA Governing Documents Explained (July 1, 2018),

https://www.floridacondohoalawblog.com/2018/07/01/hoa -governing-doc uments-explained/ (last visited Feb. 1, 2024).
7 Id.
8 Id.
9 S. 720.306(1), F.S.
10 Id.
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        An HOA must maintain each of the following items, when applicable, which constitute the official
        records of the HOA:11
             A copy of the HOA’s governing documents, which include the:
                    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.12




11 S. 720.303(4),   F.S.
12 S. 720.303(2)(c),  F.S.
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         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.13 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. 14

         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.15 However, an HOA may impose fees to cover the costs of providing copies of the
         official records.16 Further, 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. 17 The association may not
         charge a fee to a member or his or her authorized representative for the use of a portable device. 18

         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 the records access requirements.19 Further, 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.20 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. 21

         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.22 Further, the following records are
         not accessible to members or parcel owners:23
              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.

13 S. 720.303(5),   F.S.
14 Id.
15 Id.
16 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. Id.
17 Id.
18 S. 720.303(5), F.S.
19 S. 720.303(5)(a), F.S.
20 Id.
21 S. 720.303(5)(b), F.S.
22 S. 720.303(5)(c), F.S.
23 S. 720.303(5)(c)1.-9., F.S.
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              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 also permits an HOA to adopt rules establishing standards for the manner of distribution and
       timeframe for providing copies of updated rules or covenants, and specifies that 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 must be sent:
           via email if the HOA member has an email address on file and the HOA member has consented
              to receive notices by electronic transmission; and
           via mail to all other HOA members at the address identified as the members’ mailing addresses
              in the official records of the HOA.

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

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 720.303, F.S., relating to association powers and duties; meetings of board;
                      official records; budgets; financial reporting; association funds; recalls.
       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.




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       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have a positive economic impact on the private sector to the extent that it ensures an HOA
       member has knowledge of all applicable covenants, rules, and regulations by which he or she must
       live, and such knowledge leads to a financial benefit (such as the avoidance of fines and liens for rule
       violations) for the HOA member.

   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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           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.—

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        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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        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.




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                                                                                                             hb0059-00
CS/CS/HB 267
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 267 Building Regulations
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Regulatory Reform &
Economic Development Subcommittee, Esposito
TIED BILLS:       IDEN./SIM. BILLS: SB 684

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 9 Y, 6 N, As CS         Wright             Anstead
       Subcommittee

    2) Local Administration, Federal Affairs & Special          10 Y, 4 N, As CS        Mwakyanjala        Darden
       Districts Subcommittee

    3) Commerce Committee                                                               Wright             Hamon


                                                     SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building permits.
Current law provides standards and timeframes for local governments to follow for the issuance of building permits.

The bill:
    Requires the Florida Building Commission (Commission) to provide an exception in the Building Code
         relating to sealed drawings by a design professional for replacement windows, doors, and garages.
    Requires the Commission to use the 2020 definition of “windborne debris region” for residential use.
    Requires a local government to:
             o Determine if a building permit application is complete within 5 business days of receiving the
                 application, previously set at 10 days.
             o Determine if a building permit application is sufficient within 10 business days of receiving a
                 completed application, previously set at 45 days.
             o Approve, approve with conditions, or deny a complete and sufficient permit application within the
                 following timeframes:
                       30 business days for applicants using local government review, previously set at 120 days;
                       15 business days for applicants using a private provider, previously set at 120 days; and
                       10 business days for applicants for a permit under an already-approved master plan permit,
                          previously set at 120 days.
                       60 business days for applicants for a multifamily project; previously set at 120 days.
             o Review an completed application for sufficiency within 10 business days.
             o Provide an opportunity for a virtual meeting, instead of just an in -person meeting, before a second
                 request for additional information may be made.
    Provides that a local government can request additional information from an applicant two times, unless the
         applicant agrees otherwise, previously set at three times.
    Provides an exception to the fee reduction provision when a delay is caused by the applicant or by a force
         majeure or other extraordinary circumstance.

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

The bill provides an effective date of January 1, 2025.




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

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation – Building Permits

        The Florida Building Code

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

        In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
        Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
        Governor eventually appointed a study commission to review the system of local codes and make
        recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
        recommendations for a single state building code and enhanced the oversight role of the state over
        local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
        (Building Code), and that first edition replaced all local codes on March 1, 2002. 2 The current edition of
        the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code. 3

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

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

        Use of Building Code Enforcement Fees

        A local government may charge reasonable fees as set forth in a schedule of fees adopted by the
        enforcing agency for the issuance of a building permit. 7 Such fees shall be used solely for carrying out
        the local government’s responsibilities in enforcing the Building Code. 8 Enforcing the Building Code
        includes the direct costs and reasonable indirect costs associated with training, review of building




1 The Florida Building Commission Report       to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/2006_Legislature_Rpt _rev2.pdf (last visited Jan. 28, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2024).
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design,

building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 28, 2024).
6 S. 553.73(7)(a), F.S.
7 S. 553.80 F.S.
8 Id.
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         plans, building inspections, re-inspections, building permit processing, and fire inspections. 9 Local
         governments must post all building permit and inspection fee schedules on their website.10

         Local governments are only allowed to collect building permit fees that are sufficient to cover their costs
         in enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated
         annual revenue derived from fees, and the fines and investment earnings related to the fees, may not
         exceed the total estimated annual costs of allowable activities. Any unexpended balances must be
         carried forward to future years for allowable activities or must be refunded at the discretion of the local
         government. A local government may not carry forward an amount exceeding the average of its
         operating budget, not including reserve amounts, for enforcing the Building Code for the previous 4
         fiscal years.11

         DBPR Surcharges

         Current law requires all local governments to assess and collect a 1% surcharge on any building permit
         issued by their enforcement agency for the purpose of enforcing the Building Code. The local
         jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
         Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
         Prevention Code informal interpretations.12

         Current law also requires all local governments to assess and collect a separate 1.5% surcharge on
         any building permit issued by their enforcement agency for the purpose of enforcing the Building Code.
         The local governments collect the assessment and remit the surcharge fees to DBPR, where it is
         divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
         and the Florida Homeowners’ Construction Recovery Fund.13

         Local government building departments are permitted to retain 10% of the amount of the surcharges
         they collect to fund participation by their agencies in the national and state building code adoption
         processes and to provide education related to enforcement of the Building Code.14

        Building Permit Delays

         Any delays in obtaining a building permit can delay the completion of a construction project. Delays in
         the completion of a construction project may:15
              Lead to increased costs for construction projects, which may be passed onto occupants of a
                completed project;
              Discourage construction, which can reduce the total supply of buildings in a community and
                may lead to higher rents in the community;
              Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
                the delayed start and completion of a construction project; and
              Result in delayed occupancy of a project, including single-family residences and multi-family
                residences.




9 S. 553.80(7)(a)1.,   F.S.
10 Ss.125.56 (4)(c) F.S., and 166.222(2),   F.S.
11 S. 553.80(7)(a),    F.S.
12 S. 553.721,  F.S.
13 S. 468.631,  F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who
have suffered a covered financial loss at the hands of state-licensed general, building and residential contractors. Claims
are filed with the DBPR, who reviews for completeness and statutory eligibility. The DBPR then presents the claim to the
Construction Industry Licensing Board for review. s. 489.1401(2), F.S.
14 Ss. 468.631, and 553.721, F.S.
15 City of Austin Development Services Department, A Program for Expedited Permitting,

http://austintexas.gov/sites/default/files/files/8-9-2016_Report_on_Expedited_Permitting_P rogram. pdf (last visited Jan. 28,
2024); PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and
Government Revenues, (Dec. 7, 2005).
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         Streamlining the process to obtain a building permit can accelerate the completion of construction
         projects. The goal of streamlining is to remove overlap and duplication and create more efficient
         administrative procedures while not reducing a building department’s ability to enforce the applicable
         construction codes. Streamlining the building permit process may:16
              Increase local government revenues by accelerating completion of a project and thus
                 accelerating property tax collection;
              Create local construction jobs and other indirect jobs supported by local construction jobs, such
                 as jobs at a material supplier, which may increase local tax revenue; and
              Encourage economic development by having an efficient permit system.

        Building Permit Application Review

        Time-Period to Review

        Current law requires local governments to review certain building permit applications within a specific
        time-period of receiving the applications. Current law has established time-periods for local
        governments to review applications for the following building permits: 17
            Accessory structure;
            Alarm permit;
            Nonresidential buildings less than 25,000 square feet;
            Electric;
            Irrigation permit;
            Landscaping;
            Mechanical;
            Plumbing;
            Residential units other than a single-family unit;
            Multifamily residential not exceeding 50 units;
            Roofing;
            Signs;
            Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
            Lot grading and site alteration associated with the permit application.

        When a local government receives an application for one of the above building permits, it must: 18
           Complete Application – Inform the applicant within 10 days of receiving the application, what
              information, if any, is needed to complete the application.
                  o If the local government fails to provide written notice to the applicant within the 10-day
                      window, the application is deemed to be properly completed.
           Sufficiency of Application – Notify the applicant within 45 days of the application being
              deemed complete, if additional information is necessary to determine the sufficiency of the
              application;
                  o If additional information is needed the local government must specify what additional
                      information is necessary.
                  o The applicant may submit the additional information to the local government within 30
                      days or request that the local government act on the application without the additional
                      information.
           Approve or Deny Application – Approve, approve with conditions, or deny the application
              within 120 days following receipt of the completed application.
                  o This period is tolled during the time an applicant is responding to a request for additional
                      information and may be extended by mutual consent of the parties.




16 Id.; Institute for Market Transformation,
                                        Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5. pdf (last visited Jan. 28, 2024).
17 S. 553.792(2), F.S.
18 S. 553.792(1), F.S.
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         These time-periods do not apply when a law, agency rule, or local ordinance specify different
         timeframes for review of local building permit applications, for permits for wireless communication
         facilities, or when both parties agree to an extension.19

         Additional Information Standards20

         A local government may only make three requests for additional information. However, an applicant
         may agree in writing to waive the limitation that local governments may only make three requests for
         additional information for such permits.

         If a local government makes a request for additional information from an applicant for one the above
         building permits, and the applicant provides the information within 30 days of receiving the request, the
         local government must21:
               First Request – Review the additional information and determine the application is complete,
                  approve the application, approve the application with conditions, deny the application, or specify
                  the remaining deficiencies within 15 days of receiving the information from the applicant, if the
                  request is the local government’s first request.
               Second Request – Review the additional information and determine the application is
                  complete, approve the application, approve the application with conditions, deny the application,
                  or specify the remaining deficiencies within 10 days of receiving the information from the
                  applicant, if the request is the local government’s second request.
               Third Request – Deem the application complete and approve the application, approve the
                  application with conditions, or deny the application within 10 days of receiving the information
                  from the applicant, if the request is the local government’s third request.

         Prior to making a third request for information the local government must offer to meet with the permit
         applicant to attempt to resolve outstanding issues.

         If the applicant believes the request for additional information is not authorized by ordinance, rule,
         statute, or other legal authority, the local government, at the applicant’s request, shall proceed to
         process the application for approval, approval with conditions, or denial.

         Fee Reductions for Failure to Meet Timeframes

         If a local government fails to meet these deadlines it must reduce the building permit fee by 10% for
         each business day that it fails to meet the deadline. However, these time limitations do not apply when
         a law, agency rule, or local ordinance specifies different timeframes for review of local building permit
         applications, for permits for wireless communication facilities, or when both parties agree to an
         extension.

         If any permit fees are refunded because a local government fails to meet an established deadline for
         reviewing a building permit application, the Department of Business and Professional Regulation
         (DBPR) surcharges for funding the Commission, the Florida Building Code Administrators and
         Inspectors Board (BCAIB), and the Florida Homeowners’ Recovery Fund must be recalculated based
         on the amount of the permit fees after the refund.22




19 S. 553.792(1)(a),   F.S.
20 S. 553.792(1)(b),   F.S.
21 Id.
22 S. 553.79(16)(d),   F.S.
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         Time-Period to Review Single-Family Residential Dwelling Building Permit Applications

         Single-family residential dwelling permits must be issued within:
             30 business days of receiving the application, unless the application fails to satisfy the Building
                 Code or the enforcing agency’s laws or ordinances, or unusual circumstances require a longer
                 time-period for processing the application.23
             If the local enforcing agency does not issue a building permit for a single-family residential
                 dwelling, within 30 business days after receiving the permit application, it must reduce the
                 building permit fee by 10% for each business day that it fails to meet the deadline. Each 10%
                 reduction is based on the original amount of the building permit fee.
             The enforcing agency does not have to reduce the building permit fee if it provides notice to the
                 applicant, by e-mail or United States Postal Service, within 30 business days after receiving
                 the permit application, that specifically states the reasons the permit application fails to satisfy
                 the Building Code or the enforcing agency’s laws or ordinances.24
             After receiving the written notice, the applicant has 10 business days to correct the
                 specifications written by the local enforcing agency and submit revisions to correct the permit
                 application.
             If the applicant submits the revisions within 10 business days, the local enforcing agency has 10
                 business days after receiving such revisions to approve or deny the building permit unless the
                 applicant agrees to a longer permit in writing.25

         If a government entity fails to approve or deny the single-family residential dwelling building permit
         within 10 business days of receiving the applicant’s revisions, it must: 26
               Reduce the permit fee by 20% of the original permit fee for the first business day that it fails to
                 meet the deadline; and
               An additional 10% of the original permit fee for each business day that it fails to meet the
                 deadline, for up to five business days.

         A government entity does not have to reduce the fee for a single-family residential dwelling building
         permit, if: 27
             It provides written notice to the applicant, by email or USPS mail within 30 business days of
                 receiving the application; and
             The written notice specifically states how the application fails to satisfy the Building Code or the
                 government entity’s laws or ordinances, and that the applicant has 10 business days after
                 receiving the notice to remedy the deficiencies in their application or it will be denied.

         A building permit for a single-family residential dwelling applied for by a contractor licensed in this state
         on behalf of a property owner who participates in a Community Development Block Grant-Disaster
         Recovery program administered by the Department of Economic Opportunity must be issued within 15
         business days after receipt of the application unless the permit application fails to satisfy the Building
         Code or the enforcing agency's laws or ordinances. 28

         Construction Documents

         Professional Engineers

         Professional engineers and related qualified business organizations are regulated by Ch. 471, F.S.,
         and by the Florida Board of Professional Engineers under DBPR. 29



23 S. 553.79(16),   F.S.
24 S. 553.79(16)(a)-(b),F.S.
25 S. 553.79(16)(c), F.S.
26 S. 553.79(16)(c), F.S.
27 S. 553.79(16)(b), F.S.
28 S. 553.79(16)(e), F.S.
29 S. 20.165(4)(a)11., F.S.

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         “Engineering” includes the term “professional engineering” and means any service or creative work, the
         adequate performance of which requires engineering education, training, and experience in the
         application of special knowledge of the mathematical, physical, and engineering sciences to such
         services or creative work as consultation, investigation, evaluation, planning, and design of engineering
         works and systems, planning the use of land and water, teaching of the principles and methods of
         engineering design, engineering surveys, and the inspection of construction for the purpose of
         determining in general if the work is proceeding in compliance with drawings and specifications, any of
         which embraces such services or work, either public or private, in connection with any utilities,
         structures, buildings, machines, equipment, processes, work systems, projects, and industrial or
         consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature,
         insofar as they involve safeguarding life, health, or property; and includes such other professional
         services as may be necessary to the planning, progress, and completion of any engineering
         services….”30

         All final drawings, specifications, plans, reports, or documents prepared or issued by the professional
         engineer and being filed for public record, including for a building permit, and all final documents
         provided to the owner or the owner’s representative must be signed by the licensee, dated, and sealed
         with said seal. Such signature, date, and seal shall be evidence of the authenticity of that to which they
         are affixed.31

         Architects

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

         “Architecture services” means the rendering or offering to render services in connection with the design
         and construction of a structure or group of structures which have as their principal purpose human
         habitation or use, and the utilization of space within and surrounding such structures. These services
         include planning, providing preliminary study designs, drawings and specifications, job-site inspection,
         and administration of construction contracts.32

         All final construction documents and instruments of service which include drawings, plans,
         specifications, or reports prepared or issued by the registered architect or qualified architecture
         business and being filed for public record, including for a building permit, must bear the signature and
         seal of the registered architect who prepared or approved the document and the date on which they
         were sealed. The signature, date, and seal shall be evidence of the authenticity of that to which they
         are affixed.33

         Building Code Requirements

         The Building Code, Building, requires applicants for a permit to submit construction documents, a
         statement of special inspections, a geotechnical report, and other data in two or more sets with each
         permit application. The construction documents must be prepared by a registered design professional34
         where required by Ch. 471, F.S., or Ch. 481, F.S.35

         Where special conditions exist, the building official is authorized to require additional construction
         documents to be prepared by a registered design professional. However, the building official may waive

30 S. 471.005(7), F.S.

31 S. 471.025(1),   F.S.
32 S. 481.206(6), F.S.

33 Ss. 481.219(4)   and 481.221(2), F.S.
34 The Building Code, Building, defines “registered     design professional” as an individual who is registered or licensed to
practice their respective design profession as defined by the statutory requirements of the professional registration laws of
the state or jurisdiction in which the project is to be constructed. This includes any registered design professional so long
as they are practicing within the scope of their license, which includes those licensed under Chs. 471 (professional
engineers) and 481, F.S. (architects, interior designers, and landscape architects). S. 202, FBS, Building (8th Ed. 2023).
35 S. 553.71(12), F.S.; S. 107.1, FBC, Building (8th Ed. 2023).
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         the submission of construction documents and other data not required to be prepared by a registered
         design professional if it is found that the nature of the work applied for is such that review of
         construction documents is not necessary to obtain compliance with the Building Code.36

         Threshold Buildings

         A “threshold building” is a building that is greater than 3 stories or 50 feet in height, or that has an
         assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of
         greater than 500 persons.37

         A “special inspector” is a licensed architect or engineer who is certified under Ch. 471, F.S., or Ch. 481,
         F.S. to conduct inspections of threshold buildings.38

         During new construction or during repair or restoration projects in which the structural system or
         structural loading of a threshold building is being modified, including windows and doors, the enforcing
         agency must require a special inspector to perform structural inspections on a threshold building
         pursuant to a structural inspection plan prepared by the engineer or architect of record. 39

         The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a
         building permit for the construction of a threshold building.

         The purpose of the structural inspection plans is to provide specific inspection procedures and
         schedules so that the building can be adequately inspected for compliance with the permitted
         documents.40

         Residential Windborne Debris Region Requirements

         Exposure D

         The American Society of Civil Engineers (ASCE) and Structural Engineering Institute (SEI) developed
         and published the Minimum Design Loads and Associated Criteria for Buildings and Other Structures
         (commonly referred to as ASCE 7-22), which is the primary reference standard for structural loads in
         the 2024 International Building Code, 2024 International Residential Code, and the 2023 Florida
         Building Code. The standard specifies minimum structural design loads and other criteria for the design
         of buildings and other structures for dead, live, soil, flood, tsunami, snow, rain, atmospheric ice,
         earthquake, wind, and tornado loads. It also provides criteria on how to assess load combinations. 41

         ASCE 7-22 describes the process to which wind speed is converted into wind pressure used to design
         structures. The formula is based on many variables, one of which is called “Exposure Category”, which
         is a category of wind exposure and reflects the characteristics of ground surface irregularities at a site
         which the building or structure is to be constructed. The rougher the surface, the lower the multiplier




36 Id.
37 S. 202, FBS, Building (8th Ed. 2023).
38 S. 553.71(9),   F.S.
39 553.79(5)(a),   F.S.; s. 110.8.1, FBC, Building (8th Ed. 2023).
40 Id.
41 Federal Emergency Management       Agency, FEMA Fact Sheet- Highlights of Significant Changes to the Wind Load
Provisions of ASCE 7-22, Aug. 2022, https://www.fema.gov/sites/default/files/documents/fema_asce -7-22-wind-
highlights_fact-sheet_2022. pdf (last visited Feb. 13, 2024).
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        that converts wind speed to pressure.42 “Exposure D” is the largest multiplier when converting wind
        velocity to wind pressure, representing coastal areas and the ‘smoothness’ of water relative to wind.

        The 2023 Building Code, Residential provides that Exposure D applies:43
            Where the ground surface roughness in flat, unobstructed areas and water surfaces, prevails in
              the upwind direction for a distance of at least 5,000 feet (1524 m) or 20 times the height of the
              building, whichever is greater.
            Where the ground surface roughness immediately upwind of the site is Exposure B or C, and
              the site is within a distance of 600 feet (183 m) or 20 times the building height, whichever is
              greater, from an Exposure D condition.

        Windborne Debris Region Definition Change

        The Building Code requires certain increased building protections for homes in a windborne debris
        region, such as the requirement for impact windows. 44

        The Building Code, Residential, 8th edition, 2023, currently defines “windborne debris” as areas within
        hurricane-prone regions located in accordance with one of the following:45
            Within 1 mile (1.61 km) of the mean high water line where an Exposure D condition exists
               upwind at the waterline and the ultimate design wind speed, Vult, is 130 mph (58 m/s) or
               greater.
            In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or
               Hawaii.

        However, in the previous edition of the Building Code, Residential, 7th edition, 2020, defined “windborne
        debris” as areas within hurricane-prone regions located in accordance with one of the following:46
            Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design wind
                speed, Vult, is 130 mph (58 m/s) or greater
            In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or
                Hawaii.

        The ASCE 7-22 updated the definition of “windborne debris region” because the term “coastal mean
        high-water line” is not a defined term, and its interpretation has varied across jurisdictions in the
        hurricane-prone region due to confusion about the intent. The new criteria in ASCE 7-22 deletes the
        word “coastal” and adds language to require that an Exposure D condition exist upwind of the water
        line.47

        This trigger now applies to locations that are within a mile of any body of water (located in hurricane-
        prone regions where the basic wind speed is equal to or greater than 130 mph and less than 140 mph)
        and an Exposure D condition exists upwind of the water line. For example, the impact of this change is




42 Engineering Express, ASCE 7 WIND EXPOSURE CATEGORIES AND HOW EXPOSURE ‘D’ WORKS,
https://www.engineeringexpress.com/wiki/asce-7-exposure-d-work/ (last visited Feb. 13, 2024).
43 S. R301.2.1.4.3, FBC, Residential (8th Ed. 2023).
44 S. R301.2.1.2, FBC, Residential (8th Ed. 2023).
45 S. R202, FBC, Residential (8th Ed. 2023).
46 S. R202, FBC, Residential (7th Ed. 2020).
47 FEMA, supra note 41.
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         illustrated in the figure below for Panama City where the basic wind speed ranges from 130 mph to 140
         mph.




         For the area on the left, buildings within 1 mile of the mean high-water line of the Gulf of Mexico where
         the basic wind speed is equal to or greater than 130 mph are within the windborne debris region.
         However, for the area on the right, the initial point to measure “1 mile from the coastal mean high-water
         line” was not clear under earlier definitions. In ASCE 7-22, this ambiguity has been removed and any
         building located within 1 mile of the mean high-water line of the bay that has exposure to a water
         surface that prevails for at least 5000 feet from the shoreline will be in the windborne debris region.48

         Additionally, the new definition may include homes near certain inland lakes in a wind zone of at least
         130 mph.

         Effect of the Bill – Building Permits

         Hurricane Building Requirements

         The bill requires the Commission to modify the Building Code to provide that sealed drawings by a
         design professional will not be required for the replacement of windows, doors, or garage doors in an
         existing building if the replacements are installed in accordance with the manufacturer’s instructions for
         the appropriate wind zone, meet the design pressure requirements of the Building Code, and a copy of
         the manufacturer’s instructions are submitted with the permit application in a printed or digital format.

         The bill provides that the definition of “windborne debris region” is the same as defined in the 7th edition
         of the Building Code, Residential, until the adoption of the 9th Building Code in 2026, which has a
         practical effect of replacing the new definition in the 8th edition with the previous version.

         Building Permit Application Review

         The bill removes a provision in Ch. 533, the Building Code, which requires single-family residential
         dwelling permits to be issued within 30 days unless the application does not conform to the Building
         Code or local laws or ordinances. However, the bill incorporates the time period to review single-family
         residential dwellings into the general section related to building permit applications.49


48 Id.
49 See, s. 553.792,   F.S.
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       The bill reduces current timelines and revises procedures for applying for and obtaining a building
       permit. The new procedures set out below apply to the following building permit applications:
           Accessory structure;
           Alarm permit;
           Nonresidential buildings less than 25,000 square feet;
           Electric;
           Irrigation;
           Landscaping;
           Mechanical;
           Plumbing;
           Residential units including a single-family residential unit or a single-family residential
               dwelling;
           Multifamily residential not exceeding 50 units;
           Roofing;
           Signs;
           Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
           Lot grading and site alteration associated with a permit application set forth above.

       Timelines to Approve or Deny a Completed and Sufficient Building Permit Application

       The bill reduces the time that a local government has to approve, approve with conditions, or deny a
       building permit application following receipt of a completed and sufficient application to the following
       timelines, unless the applicant waives such limitation in writing:
            For an applicant using local government plans review to obtain a building permit:
                   o Within 30 business days after receiving a complete and sufficient application (currently
                       120 days, or 30 days for single-family residential dwellings).
            For an applicant using a private provider to obtain a building permit:
                   o Within 15 business days after receiving a complete and sufficient application (currently
                       120 days, or 30 days for single-family residential dwellings).
            For an applicant for a master plan permit:
                   o Within 10 business days after receiving a complete and sufficient application (current
                       timeframe is dependent on the local program, or 30 days for single-family
                       residential dwellings).
            For an applicant for a single-family residential dwelling applied for by a contractor licensed in
               this state on behalf of a property owner who participates in a Community Development Block
               Grant–Disaster Recovery program administered by the Department of Economic Opportunity:
                   o Within 10 business days after receipt of the application, unless the permit application
                       fails to satisfy the Building Code or the enforcing agency's laws or ordinances (currently
                       15 days).
            For an applicant for multifamily residential units:
                   o Within 60 business days after receiving a complete and sufficient application.

       If the local government does not approve, approve with conditions, or deny the completed and sufficient
       application within the required timeframes, the application is deemed or determined to be approved.

       The bill requires a local government to maintain a policy on its website containing procedures and
       expectations for processing of any building permits and development orders required by law to be
       expedited.




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       Timelines to Determine a Complete and Sufficient Application

       The bill reduces the time that a local government has to provide timely written notice to the applicant
       about what information, if any, is needed before the application is deemed or determined to be:
           Completed:
                   o Local government has 5 business days to review an application and determine if it has
                      been properly completed (from 10 days).
           Sufficient:
                   o Local government has 10 business days to review a completed application to determine
                      whether more information is needed or whether the application is sufficient (from 45
                      days).

       The bill reduces the amount of times that a local government may request additional information from
       the applicant when reviewing an application for sufficiency for a building permit, to two times, from
       three times.

       If the local government requests additional information for a second time, such request must be within
       10 business days of receiving additional information after the first request, and the local government
       must determine the sufficiency of the application within 10 business days of receiving the requested
       additional information.

       The bill allows a local government to offer to meet virtually, instead of only in person, with the
       applicant to attempt to resolve outstanding issues before a second request for additional information is
       made.

       If the applicant believes a request for additional information is not authorized by ordinance, rule, statute,
       or other legal authority, the bill requires the local government, at the applicant's written request, to
       approve the application, approve the application with conditions, or deny the application within 10
       business days after receipt of such. The local government must provide the applicant with sufficient
       reason for a denial.

       The bill provides exceptions for local governments who fail to meet deadlines if:
            The parties involved agreed, in writing, to a reasonable extension of time.
            The delay is caused by the applicant.
            The delay is caused by a force majeure or other extraordinary circumstance.

       Use of Building Code Enforcement Fees

       The bill clarifies that local governments may use fees, and any related fines or investment earnings,
       they have collected for enforcing the Building Code to upgrade technology hardware and software
       systems used to enforce the Building Code.

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 553.73, F.S., relating to the Florida Building Code.
       Section 2:     Amends s. 553.79, F.S., relating to single-family residential permits.
       Section 3:     Amends s. 553.792, F.S., relating to building permit application processes.
       Section 4:     Amends s. 440.103, F.S., conforming a cross-reference.
       Section 5:     Amends s. 553.80, F.S.; relating to acceptable uses of local government Building Code
                      enforcement fees.
       Section 6:     Provides an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
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                For a similar bill in 2023, DBPR stated that surcharge collections pursuant to s. 553.791, F.S., and
                s. 468.631, F.S., could be impacted by the bill.50

          2. Expenditures:
                None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:
                For a similar bill in 2023, DBPR stated that this bill may reduce the amount of permit fees that could
                be collected by local governments in certain circumstances. 51

          2. Expenditures:
                This bill may impact local governments because they may have to hire more employees to meet the
                prescribed timeframes.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
          For a similar bill in 2023, DBPR stated that the bill may reduce the cost of permit fees paid by the
          private sector to local governments based on the local governments failure to meet time
          requirements.52 On the other hand, the local jurisdiction may raise permit fees so that they can hire
          employees to meet the time requirements in the bill.

          The streamlined permitting processes in the bill may expedite development across the state.

     D. FISCAL COMMENTS:
          None.


                                                      III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

          1. Applicability of Municipality/County Mandates Provision:

                Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
                action requiring the expenditures of funds; reduce the authority that counties or municipalities have
                to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
                municipalities.

          2. Other:
                None.

     B. RULE-MAKING AUTHORITY:
          The bill would require the Florida Building Commission to amend the Building Code to reflect some of
          the bill’s changes to building permit application processing requirements. 53

     C. DRAFTING ISSUES OR OTHER COMMENTS:


50 Department     of Business & Professional Regulation, Agency Analysis of 2023 Senate Bill 682, p. 4 (February 14, 2023).
51 Id., at 5.
52 Id.
53 See rule impacted, r. 61G20-1.001,    F.A.C.
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       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 12, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The committee substitute:
    Provides that vested rights in a preliminary plat are formed if an applicant commences developing the
      property based on an approval of such preliminary plat by a local government.
    Requires an applicant for a residential building permit pursuant to a preliminary plat to indemnify and
      hold harmless the local government from damages directly related to the issuance of such building
      permit before the approval of the final plat.
    Clarifies that timeframes in the updated permitting procedures are calculated using business days.
    Clarifies that if a local government fails to timely notify an applicant of what is needed to determine a
      sufficient application, such application will be automatically determined to be sufficient.
    Corrects a scrivener’s error.

On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a
strike-all amendment and reported the bill favorably as a committee substitute. The amendment:
      Removes provisions of the bill relating to platting.
      Requires the Commission to provide an exception in the Building Code relating to sealed drawings by a
        design professional.
      Requires local governments to approve applications for multifamily projects within 60 business days.
      Requires local governments to review completed applications for sufficiency within 10 business days.
      Provides an exception for the fee reduction provision.
      Changes the effective date of the bill to January 1, 2025.

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




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           CS/CS/HB 267                                                                                         2024




    1                                         A bill to be entitled
    2              An act relating to building regulations; amending s.
    3              553.73, F.S.; requiring the Florida Building
    4              Commission to modify provisions in the Florida
    5              Building Code relating to replacement windows, doors,
    6              or garage doors in an existing building; providing
    7              requirements for such modifications; defining the term
    8              "windborne debris region"; amending s. 553.79, F.S.;
    9              removing provisions relating to acquiring building
10                 permits for certain residential dwellings; amending s.
11                 553.792, F.S.; revising the timeframes for approving,
12                 approving with conditions, or denying certain building
13                 permits; requiring local governments to follow the
14                 prescribed timeframes unless a local ordinance is more
15                 stringent; requiring a local government to provide
16                 written notice to an applicant under certain
17                 circumstances; revising how many times a local
18                 government may request additional information from an
19                 applicant; specifying when a permit application is
20                 deemed complete and approved; requiring the
21                 opportunity for an in-person or virtual meeting before
22                 a second request for additional information may be
23                 made; requiring a local government to process an
24                 application within a specified timeframe without
25                 additional information upon written request by the

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        CS/CS/HB 267                                                                                         2024




26              applicant; reducing permit fees by a certain
27              percentage if certain timeframes are not met;
28              providing exceptions; providing construction;
29              conforming provisions to changes made by the act;
30              amending s. 553.80, F.S.; authorizing local
31              governments to use certain fees for certain technology
32              upgrades; amending s. 440.103, F.S.; conforming a
33              cross-reference; providing an effective date.
34
35      Be It Enacted by the Legislature of the State of Florida:
36
37              Section 1.         Paragraphs (g) and (h) are added to subsection
38      (7) of section 553.73, Florida Statutes, to read:
39              553.73        Florida Building Code.—
40              (7)
41              (g)         The commission shall modify the Florida Building Code
42      to state that sealed drawings by a design professional are not
43      required for the replacement of windows, doors, or garage doors
44      in an existing building if all of the following conditions are
45      met:
46              1.      The replacement windows, doors, or garage doors are
47      installed in accordance with the manufacturer's instructions for
48      the appropriate wind zone.
49              2.      The replacement windows, doors, or garage doors meet
50      the design pressure requirements in the most recent version of

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        CS/CS/HB 267                                                                                         2024




51      the Florida Building Code.
52              3.      A copy of the manufacturer's instructions is submitted
53      with the permit application in a printed or digital format.
54              (h)         The term "windborne debris region" has the same
55      meaning as in the Florida Building Code, 7th Edition (2020)
56      Residential, until the adoption of the 9th Edition of the
57      Florida Building Code.
58              Section 2.         Subsection (16) of section 553.79, Florida
59      Statutes, is amended to read:
60              553.79        Permits; applications; issuance; inspections.—
61              (16)        Except as provided in paragraph (e), a building
62      permit for a single-family residential dwelling must be issued
63      within 30 business days after receiving the permit application
64      unless the permit application fails to satisfy the Florida
65      Building Code or the enforcing agency's laws or ordinances.
66              (a)         If a local enforcement agency fails to issue a
67      building permit for a single-family residential dwelling within
68      30 business days after receiving the permit application, it must
69      reduce the building permit fee by 10 percent for each business
70      day that it fails to meet the deadline. Each 10-percent
71      reduction shall be based on the original amount of the building
72      permit fee.
73              (b)         A local enforcement agency does not have to reduce the
74      building permit fee if it provides written notice to the
75      applicant, by e-mail or United States Postal Service, within 30

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         CS/CS/HB 267                                                                                         2024




 76      business days after receiving the permit application, that
 77      specifically states the reasons the permit application fails to
 78      satisfy the Florida Building Code or the enforcing agency's laws
 79      or ordinances. The written notice must also state that the
 80      applicant has 10 business days after receiving the written
 81      notice to submit revisions to correct the permit application and
 82      that failure to correct the application within 10 business days
 83      will result in a denial of the application.
 84              (c)         The applicant has 10 business days after receiving the
 85      written notice to address the reasons specified by the local
 86      enforcement agency and submit revisions to correct the permit
 87      application. If the applicant submits revisions within 10
 88      business days after receiving the written notice, the local
 89      enforcement agency has 10 business days after receiving such
 90      revisions to approve or deny the building permit unless the
 91      applicant agrees to a longer period in writing. If the local
 92      enforcement agency fails to issue or deny the building permit
 93      within 10 business days after receiving the revisions, it must
 94      reduce the building permit fee by 20 percent for the first
 95      business day that it fails to meet the deadline unless the
 96      applicant agrees to a longer period in writing. For each
 97      additional business day, but not to exceed 5 business days, that
 98      the local enforcement agency fails to meet the deadline, the
 99      building permit fee must be reduced by an additional 10 percent.
100      Each reduction shall be based on the original amount of the

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         CS/CS/HB 267                                                                                         2024




101      building permit fee.
102              (d)         If any building permit fees are refunded under this
103      subsection, the surcharges provided in s. 468.631 or s. 553.721
104      must be recalculated based on the amount of the building permit
105      fees after the refund.
106              (e)         A building permit for a single-family residential
107      dwelling applied for by a contractor licensed in this state on
108      behalf of a property owner who participates in a Community
109      Development Block Grant–Disaster Recovery program administered
110      by the Department of Economic Opportunity must be issued within
111      15 working days after receipt of the application unless the
112      permit application fails to satisfy the Florida Building Code or
113      the enforcing agency's laws or ordinances.
114              Section 3.         Subsections (1) and (2) of section 553.792,
115      Florida Statutes, are amended and subsection (4) is added to
116      that section, to read:
117              553.792        Building permit application to local government.—
118              (1)(a)        A local government must approve, approve with
119      conditions, or deny a building permit application after receipt
120      of a completed and sufficient application within the following
121      timeframes, unless the applicant waives such timeframes in
122      writing:
123              1.      For an applicant using a local government plans
124      reviewer to obtain a building permit, within 30 business days
125      after receiving a complete and sufficient application.

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         CS/CS/HB 267                                                                                         2024




126              2.      For an applicant using a private provider cons istent
127      with s. 553.791 to obtain a building permit, within 15 business
128      days after receiving a complete and sufficient application.
129              3.      For an applicant for a master plan permit, within 10
130      business days after receiving a complete and sufficient
131      application.
132              4.      For an applicant for a single-family residential
133      dwelling applied for by a contractor licensed in this state on
134      behalf of a property owner who participates in a Community
135      Development Block Grant-Disaster Recovery program administered
136      by the Department of Commerce, within 10 business days after
137      receipt of the application unless the permit application fails
138      to satisfy the Florida Building Code or the enforcing agency's
139      laws or ordinances.
140              5.      For an applicant for a multifamily residential unit,
141      within 60 business days after receiving a complete and
142      sufficient application.
143
144      If the local government does not approve, approve with
145      conditions, or deny the completed and sufficient application
146      within the required timeframes in this paragraph, the
147      application is deemed or determined to be approved.
148              (b)         A local government must meet the timeframes set forth
149      in this section for reviewing building permit applications
150      unless the timeframes set by local ordinance are more stringent

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         CS/CS/HB 267                                                                                         2024




151      than those prescribed in this section.
152              (c)         After Within 10 days of an applicant submits
153      submitting an application to the local government, the local
154      government must provide written notice to the applicant within 5
155      business days after receipt of the application advising shall
156      advise the applicant what information, if any, is needed to deem
157      or determine that the application is properly completed in
158      compliance with the filing requirements published by the local
159      government. If the local government does not provide timely
160      written notice that the applicant has not submitted a the
161      properly completed application, the application is shall be
162      automatically deemed or determined to be properly completed and
163      accepted.
164              (d)1.        Within 10 business 45 days after providing written
165      notice to the applicant that his or her application is properly
166      completed or upon receipt of any information needed to deem the
167      application complete receiving a completed application, a local
168      government must provide written notice to notify an applicant if
169      additional information is required for the local government to
170      determine the sufficiency of the application, and the notice
171      must shall specify the additional information that is required.
172      The applicant may must submit the additional information to the
173      local government or request that the local government act
174      without the additional information. When reviewing an
175      application for a building permit, a local government may not

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         CS/CS/HB 267                                                                                         2024




176      request additional information from the applicant more than two
177      times unless the applicant waives such limitation in writing.
178      The local government's second request for information must be
179      made within 10 business days after the local government receives
180      the additional information indicated in the first request. The
181      local government must determine the sufficiency of the
182      application within 10 business days after receiving the
183      additional information from a second request. If the local
184      government does not provide to the applicant timely written
185      notice that the applicant must submit additional information to
186      determine whether the application is sufficient, the application
187      is automatically deemed or determined to be sufficient.
188              2.      Before a second request for additional information may
189      be made, the local government must offer the applicant an
190      opportunity to meet in person or virtually with the local
191      government to attempt to resolve outstanding issues.
192              3.      If an applicant believes a request for additional
193      information is not authorized by ordinance, rule, statute, or
194      other legal authority, the local government, at the applicant's
195      written request, must process the application within 10 business
196      days after receipt of such request and approve the application,
197      approve the application with conditions, or deny the application
198      and provide the applicant with sufficient reason for such
199      denial. While the applicant responds to the request for
200      additional information, the 120-day period described in this

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         CS/CS/HB 267                                                                                         2024




201      subsection is tolled. Both parties may agree to a reasonable
202      request for an extension of time, particularly in the event of a
203      force majeure or other extraordinary circumstance. The local
204      government must approve, approve with conditions, or deny the
205      application within 120 days following receipt of a completed
206      application.
207              (e)         A local government shall maintain on its website a
208      policy containing procedures and expectations for expedited
209      processing of those building permits and development orders
210      required by law to be expedited.
211              (b)1.        When reviewing an application for a building permit,
212      a local government may not request additional information from
213      the applicant more than three times, unless the applicant waives
214      such limitation in writing.
215              2.      If a local government requests additional information
216      from an applicant and the applicant submits the requested
217      additional information to the local government within 30 days
218      after receiving the request, the local government must, within
219      15 days after receiving such information:
220              a.      Determine if the application is properly completed;
221              b.      Approve the application;
222              c.      Approve the application with conditions;
223              d.      Deny the application; or
224              e.      Advise the applicant of information, if any, that is
225      needed to deem the application properly completed or to

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         CS/CS/HB 267                                                                                         2024




226      determine the sufficiency of the application.
227              3.      If a local government makes a second request for
228      additional information from the applicant and the applicant
229      submits the requested additional information to the local
230      government within 30 days after receiving the request, the local
231      government must, within 10 days after receiving such
232      information:
233              a.      Determine if the application is properly completed;
234              b.      Approve the application;
235              c.      Approve the application with conditions;
236              d.      Deny the application; or
237              e.      Advise the applicant of information, if any, that is
238      needed to deem the application properly completed or to
239      determine the sufficiency of the application.
240              4.      Before a third request for additional information may
241      be made, the applicant must be offered an opportunity to meet
242      with the local government to attempt to resolve outstanding
243      issues. If a local government makes a third request for
244      additional information from the applicant and the applicant
245      submits the requested additional information to the local
246      government within 30 days after receiving the request, the lo cal
247      government must, within 10 days after receiving such information
248      unless the applicant waived the local government's limitation in
249      writing, determine that the application is complete and:
250              a.      Approve the application;

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         CS/CS/HB 267                                                                                         2024




251              b.      Approve the application with conditions; or
252              c.      Deny the application.
253              5.      If the applicant believes the request for additional
254      information is not authorized by ordinance, rule, statute, or
255      other legal authority, the local government, at the applicant's
256      request, must process the application and either approve the
257      application, approve the application with conditions, or deny
258      the application.
259              (f)(c)       If a local government fails to meet a deadline
260      under this subsection provided in paragraphs (a) and (b), it
261      must reduce the building permit fee by 10 percent for each
262      business day that it fails to meet the deadline, unless the
263      parties agree in writing to a reasonable extension of time, the
264      delay is caused by the applicant, or the delay is attributable
265      to a force majeure or other extraordinary circumstances. Each
266      10-percent reduction shall be based on the original amount of
267      the building permit fee, unless the parties agree to an
268      extension of time.
269              (2)(a)       The procedures set forth in subsection (1) apply to
270      the following building permit applications: accessory structure;
271      alarm permit; nonresidential buildings less than 25,000 square
272      feet; electric; irrigation permit; landscaping; mechanical;
273      plumbing; residential units including a single-family
274      residential other than a single family unit or a single-family
275      residential dwelling; multifamily residential not exceeding 50

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         CS/CS/HB 267                                                                                         2024




276      units; roofing; signs; site-plan approvals and subdivision plats
277      not requiring public hearings or public notice; and lot grading
278      and site alteration associated with the permit appl ication set
279      forth in this subsection. The procedures set forth in subsection
280      (1) do not apply to permits for any wireless communications
281      facilities or when a law, agency rule, or local ordinance
282      specify different timeframes for review of local building per mit
283      applications.
284              (b)         If A local government has different timeframes than
285      the timeframes set forth in subsection (1) for reviewing
286      building permit applications described in paragraph (a), the
287      local government must meet the deadlines established by local
288      ordinance. If a local government does not meet an established
289      deadline to approve, approve with conditions, or deny an
290      application, it must reduce the building permit fee by 10
291      percent for each business day that it fails to meet the
292      deadline. Each 10-percent reduction shall be based on the
293      original amount of the building permit fee, unless the parties
294      agree to an extension of time. This paragraph does not apply to
295      permits for any wireless communications facilities.
296              Section 4.         Paragraph (a) of subsection (7) of section
297      553.80, Florida Statutes, is amended to read:
298              553.80        Enforcement.—
299              (7)(a)        The governing bodies of local governments may
300      provide a schedule of reasonable fees, as authorized by s.

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         CS/CS/HB 267                                                                                         2024




301      125.56(2) or s. 166.222 and this section, for enforcing this
302      part. These fees, and any fines or investment earnings related
303      to the fees, may only shall be used solely for carrying out the
304      local government's responsibilities in enforcing the Florida
305      Building Code, including upgrading technology hardware and
306      software systems that are used in enforcement. When providing a
307      schedule of reasonable fees, the total estimated annual revenue
308      derived from fees, and the fines and investment earnings related
309      to the fees, may not exceed the total estimated annual costs of
310      allowable activities. Any unexpended balances must be carried
311      forward to future years for allowable activities or must be
312      refunded at the discretion of the local government. A local
313      government may not carry forward an amount exceeding the average
314      of its operating budget for enforcing the Florida Building Code
315      for the previous 4 fiscal years. For purposes of this
316      subsection, the term "operating budget" does not include reserve
317      amounts. Any amount exceeding this limit must be used as
318      authorized in subparagraph 2. However, a local government that
319      established, as of January 1, 2019, a Building Inspections Fund
320      Advisory Board consisting of five members from the construction
321      stakeholder community and carries an unexpended balance in
322      excess of the average of its operating budget for the previous 4
323      fiscal years may continue to carry such excess funds forward
324      upon the recommendation of the advisory board. The basis for a
325      fee structure for allowable activities must relate to the level

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         CS/CS/HB 267                                                                                         2024




326      of service provided by the local government and must include
327      consideration for refunding fees due to reduced services based
328      on services provided as prescribed by s. 553.791, but not
329      provided by the local government. Fees charged must be
330      consistently applied.
331              1.      As used in this subsection, the phrase "enforcing the
332      Florida Building Code" includes the direct costs and reasonable
333      indirect costs associated with review of building plans,
334      building inspections, reinspections, and building permit
335      processing; building code enforcement; and fire inspections
336      associated with new construction. The phrase may also include
337      training costs associated with the enforcement of the Florida
338      Building Code and enforcement action pertaining to unlicensed
339      contractor activity to the extent not funded by other user fees.
340              2.      A local government must use any excess funds that it is
341      prohibited from carrying forward to rebate and reduce fees, or
342      to pay for the construction of a building or structure that
343      houses a local government's building code enforcement agency or
344      the training programs for building officials, inspectors, or
345      plans examiners associated with the enforcement of the Florida
346      Building Code. Excess funds used to construct such a building or
347      structure must be designated for such purpose by the local
348      government and may not be carried forward for more than 4
349      consecutive years. An owner or builder who has a valid building
350      permit issued by a local government for a fee, or an association

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         CS/CS/HB 267                                                                                         2024




351      of owners or builders located in the state that has members with
352      valid building permits issued by a local government for a fee,
353      may bring a civil action against the local government that
354      issued the permit for a fee to enforce this subparagraph.
355              3.      The following activities may not be funded with fees
356      adopted for enforcing the Florida Building Code:
357              a.      Planning and zoning or other general government
358      activities.
359              b.      Inspections of public buildings for a reduced fee or no
360      fee.
361              c.      Public information requests, community functions,
362      boards, and any program not directly related to enforcemen t of
363      the Florida Building Code.
364              d.      Enforcement and implementation of any other local
365      ordinance, excluding validly adopted local amendments to the
366      Florida Building Code and excluding any local ordinance directly
367      related to enforcing the Florida Building Code as defined in
368      subparagraph 1.
369              4.      A local government must use recognized management,
370      accounting, and oversight practices to ensure that fees, fines,
371      and investment earnings generated under this subsection are
372      maintained and allocated or used solely for the purposes
373      described in subparagraph 1.
374              5.      The local enforcement agency, independent district, or
375      special district may not require at any time, including at the

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         CS/CS/HB 267                                                                                         2024




376      time of application for a permit, the payment of any additional
377      fees, charges, or expenses associated with:
378              a.      Providing proof of licensure under chapter 489;
379              b.      Recording or filing a license issued under this
380      chapter;
381              c.      Providing, recording, or filing evidence of workers'
382      compensation insurance coverage as required by chapter 440; or
383              d.      Charging surcharges or other similar fees not directly
384      related to enforcing the Florida Building Code.
385              Section 5.         Section 440.103, Florida Statutes, is amended
386      to read:
387              440.103       Building permits; identification of minimum
388      premium policy.—Every employer shall, as a condition to applying
389      for and receiving a building permit, show proof and certify to
390      the permit issuer that it has secured compensation for its
391      employees under this chapter as provided in ss. 440.10 and
392      440.38. Such proof of compensation must be evidenced by a
393      certificate of coverage issued by the carrier, a valid exemption
394      certificate approved by the department, or a copy of the
395      employer's authority to self-insure and shall be presented,
396      electronically or physically, each time the employer applies for
397      a building permit. As provided in s. 553.79(23) s. 553.79(24),
398      for the purpose of inspection and record retention, site plans
399      or building permits may be maintained at the worksite in the
400      original form or in the form of an electronic copy. These plans

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         CS/CS/HB 267                                                                                         2024




401      and permits must be open to inspection by the building official
402      or a duly authorized representative, as required by the Florida
403      Building Code. As provided in s. 627.413(5), each certificate of
404      coverage must show, on its face, whether or not coverage is
405      secured under the minimum premium provisions of rules adopted by
406      rating organizations licensed pursuant to s. 627.221. The words
407      "minimum premium policy" or equivalent language shall be typed,
408      printed, stamped, or legibly handwritten.
409              Section 6.         This act shall take effect January 1, 2025.




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                                COMMERCE COMMITTEE

                            CS/CS/HB 267 by Rep. Esposito
                                Building Regulations

                                AMENDMENT SUMMARY
                                  February 15, 2024


Amendment 1 by Rep. Esposito (lines 37-147):
  • Provides that only one support rail in an elevator needs to be continuous and be at least
     42 inches.
  • Provides that completing an internship program for residential building inspectors is a
     pathway for licensure as a residential building inspector.
  • Clarifies that not requiring sealed plans for window and door replacement is only
     applicable to existing one- or two-family dwellings or townhouses.
  • Reduces the time frame that a local government has to issue a building permit to a
     private provider who is a licensed engineer or architect who seals the plans, to 10 days
     after receipt of the application, from 20 days.
  • Provides that a local government may not require a waiver of the timeframes as a
     condition to review an application for a building permit.

Amendment 2 by Rep. Esposito (line 384):
  • Provides that unvented attic and unvented enclosed rafter assemblies that are insulated
     and air sealed with a minimum of R-20 air-impermeable insulation meet the
     requirements of the Building Code, Energy Conservation, under certain circumstances.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 267     (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 37-147 and insert:
 6          Section 1.   Paragraph (b) of subsection (1) of section
 7     399.035, Florida Statutes, is amended to read:
 8          399.035   Elevator accessibility requirements for the
 9     physically handicapped.—
10          (1)    Each elevator, the installation of which is begun
11     after October 1, 1990, must be made accessible to physically
12     handicapped persons with the following requirements:
13          (b)    Each elevator car interior must have a support rail on
14     at least one wall. All support rails must be smooth and have no
15     sharp edges and must not be more than 1 1/2 inches thick or 2
16     1/2 inches in diameter. At least one support rail Support rails
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17     must be continuous and a minimum length of 42 inches overall.
18     The inside surface of support rails must be 1 1/2 inches clear
19     of the car wall. The distance from the top of the support rail
20     to the finished car floor must be at least 31 inches and not
21     more than 33 inches. Padded or tufted material or decorative
22     materials such as wallpaper, vinyl, cloth, or the like may not
23     be used on support rails.
24          Section 2.    Paragraph (c) of subsection (2) of section
25     468.609, Florida Statutes, is amended to read:
26          468.609   Administration of this part; standards for
27     certification; additional categories of certification.—
28          (2)    A person may take the examination for certification as
29     a building code inspector or plans examiner pursuant to this
30     part if the person:
31          (c)    Meets eligibility requirements according to one of the
32     following criteria:
33          1.    Demonstrates 4 years' combined experience in the field
34     of construction or a related field, building code inspection, or
35     plans review corresponding to the certification category sought;
36          2.    Demonstrates a combination of postsecondary education
37     in the field of construction or a related field and experience
38     which totals 3 years, with at least 1 year of such total being
39     experience in construction, building code inspection, or plans
40     review;


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41          3.   Demonstrates a combination of technical education in
42     the field of construction or a related field and experience
43     which totals 3 years, with at least 1 year of such total being
44     experience in construction, building code inspection, or plans
45     review;
46          4.   Currently holds a standard certificate issued by the
47     board or a firesafety inspector license issued under chapter
48     633, with a minimum of 3 years' verifiable full-time experience
49     in firesafety inspection or firesafety plan review, and has
50     satisfactorily completed a building code inspector or plans
51     examiner training program that provides at least 100 hours but
52     not more than 200 hours of cross-training in the certification
53     category sought. The board shall establish by rule criteria for
54     the development and implementation of the training programs. The
55     board must accept all classroom training offered by an approved
56     provider if the content substantially meets the intent of th e
57     classroom component of the training program;
58          5.   Demonstrates a combination of the completion of an
59     approved training program in the field of building code
60     inspection or plan review and a minimum of 2 years' experience
61     in the field of building code inspection, plan review, fire code
62     inspections and fire plans review of new buildings as a
63     firesafety inspector certified under s. 633.216, or
64     construction. The approved training portion of this requirement
65     must include proof of satisfactory completion of a training
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66     program that provides at least 200 hours but not more than 300
67     hours of cross-training that is approved by the board in the
68     chosen category of building code inspection or plan review in
69     the certification category sought with at least 20 hours but not
70     more than 30 hours of instruction in state laws, rules, and
71     ethics relating to professional standards of practice, duties,
72     and responsibilities of a certificateholder. The board shall
73     coordinate with the Building Officials Association of Florida,
74     Inc., to establish by rule the development and implemen tation of
75     the training program. However, the board must accept all
76     classroom training offered by an approved provider if the
77     content substantially meets the intent of the classroom
78     component of the training program;
79            6.   Currently holds a standard certificate issued by the
80     board or a firesafety inspector license issued under chapter 633
81     and:
82            a.   Has at least 4 years' verifiable full-time experience
83     as an inspector or plans examiner in a standard certification
84     category currently held or has a minimum of 4 years' verifiable
85     full-time experience as a firesafety inspector licensed under
86     chapter 633.
87            b.   Has satisfactorily completed a building code inspector
88     or plans examiner classroom training course or program that
89     provides at least 200 but not more than 300 hours in the
90     certification category sought, except for residential training
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 91     programs, which must provide at least 500 but not more than 800
 92     hours of training as prescribed by the board. The board shall
 93     establish by rule criteria for the development and
 94     implementation of classroom training courses and programs in
 95     each certification category; or
 96          7.a.    Has completed a 4-year internship certification
 97     program as a building code inspector or plans examiner,
 98     including an internship program for residential inspect ors,
 99     while also employed full-time by a municipality, county, or
100     other governmental jurisdiction, under the direct supervision of
101     a certified building official. A person may also complete the
102     internship certification program, including an internship
103     program for residential inspectors, while employed full time by
104     a private provider or a private provider's firm that performs
105     the services of a building code inspector or plans examiner,
106     while under the direct supervision of a certified building
107     official. Proof of graduation with a related vocational degree
108     or college degree or of verifiable work experience may be
109     exchanged for the internship experience requirement year -for-
110     year, but may reduce the requirement to no less than 1 year.
111          b.     Has passed an examination administered by the
112     International Code Council in the certification category sought.
113     Such examination must be passed before beginning the internship
114     certification program.


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115          c.    Has passed the principles and practice examination
116     before completing the internship certification program.
117          d.    Has passed a board-approved 40-hour code training
118     course in the certification category sought before completing
119     the internship certification program.
120          e.    Has obtained a favorable recommendation from the
121     supervising building official after completion of the internship
122     certification program.
123          Section 3.    Section 1.   Paragraphs (g) and (h) are added to
124     subsection (7) of section 553.73, Florida Statutes, to read:
125          553.73   Florida Building Code.—
126          (7)
127          (g)    The commission shall modify the Florida Building Code
128     to state that sealed drawings by a design professional are not
129     required for the replacement of windows, doors, or garage doors
130     in an existing one- or two-family dwelling or townhouse if all
131     of the following conditions are met:
132          1.    The replacement windows, doors, or garage doors are
133     installed in accordance with the manufacturer's instructions for
134     the appropriate wind zone.
135          2.    The replacement windows, doors, or garage doors meet
136     the design pressure requirements in the most recent version of
137     the Florida Building Code, Residential.
138          3.    A copy of the manufacturer's instructions is submitted
139     with the permit application in a printed or digital format.
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        Amendment No. 1


140          4. The replacement windows, doors, or garage doors are the
141     same existing size and installed in the same existing opening.
142          (h)    The term "windborne debris region" has the same
143     meaning as in the Florida Building Code, 7th Edition (2020)
144     Residential, until the adoption of the 9th Edition of the
145     Florida Building Code.
146          Section 4.    Subsection (16) of section 553.79, Florida
147     Statutes, is amended to read:
148          553.79   Permits; applications; issuance; inspections. —
149          (16)   Except as provided in paragraph (e), a building
150     permit for a single-family residential dwelling must be issued
151     within 30 business days after receiving the permit application
152     unless the permit application fails to satisfy the Florida
153     Building Code or the enforcing agency's laws or ordinances.
154          (a)    If a local enforcement agency fails to issue a
155     building permit for a single-family residential dwelling within
156     30 business days after receiving the permit application, it must
157     reduce the building permit fee by 10 percent for each business
158     day that it fails to meet the deadline. Each 10-percent
159     reduction shall be based on the original amount of the building
160     permit fee.
161          (b)    A local enforcement agency does not have to reduce the
162     building permit fee if it provides written notice to the
163     applicant, by e-mail or United States Postal Service, within 30
164     business days after receiving the permit application, that
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267   (2024)
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165     specifically states the reasons the permit application fails to
166     satisfy the Florida Building Code or the enforcing agency's laws
167     or ordinances. The written notice must also state that the
168     applicant has 10 business days after receiving the written
169     notice to submit revisions to correct the permit application and
170     that failure to correct the application within 10 business days
171     will result in a denial of the application.
172          (c)   The applicant has 10 business days after receiving the
173     written notice to address the reasons specified by the local
174     enforcement agency and submit revisions to correct the permit
175     application. If the applicant submits revisions within 10
176     business days after receiving the written notice, the local
177     enforcement agency has 10 business days after receiving such
178     revisions to approve or deny the building permit unless the
179     applicant agrees to a longer period in writing. If the local
180     enforcement agency fails to issue or deny the building permit
181     within 10 business days after receiving the revisions, it must
182     reduce the building permit fee by 20 percent for the first
183     business day that it fails to meet the deadline unless the
184     applicant agrees to a longer period in writing. For each
185     additional business day, but not to exceed 5 business days, that
186     the local enforcement agency fails to meet the deadline, the
187     building permit fee must be reduced by an additional 10 percent.
188     Each reduction shall be based on the original amount of the
189     building permit fee.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267   (2024)
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190          (d)   If any building permit fees are refunded under this
191     subsection, the surcharges provided in s. 468.631 or s. 553.721
192     must be recalculated based on the amount of the building permit
193     fees after the refund.
194          (e)   A building permit for a single-family residential
195     dwelling applied for by a contractor licensed in this state on
196     behalf of a property owner who participates in a Community
197     Development Block Grant–Disaster Recovery program administered
198     by the Department of Economic Opportunity must be issued within
199     15 working days after receipt of the application unless the
200     permit application fails to satisfy the Florida Building Code or
201     the enforcing agency's laws or ordinances.
202          Section 5.    Paragraphs (a), (b) and (c) of subsection (7)
203     of section 553.791, Florida Statutes, are amended to read:
204          553.791    Alternative plans review and inspection.—
205          (7)(a)1.     No more than 20 business days after receipt of a
206     permit application and the affidavit from the private provider
207     required pursuant to subsection (6), the local building official
208     shall issue the requested permit or provide a written notice to
209     the permit applicant identifying the specific plan features that
210     do not comply with the applicable codes, as well as the specific
211     code chapters and sections. If the local building official does
212     not provide a written notice of the plan deficiencies within the
213     prescribed 20-day period, the permit application shall be deemed


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267     (2024)
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214     approved as a matter of law, and the permit shall be issued by
215     the local building official on the next business day.
216          2.    Where the private provider is a person licensed as a
217     professional engineer under Chapter 471 or as an architect under
218     chapter 481 and affixes his or her industry seal to the
219     affidavit required under subsection (6), the local building
220     official must issue the requested permit or provide a written
221     notice to the permit applicant identifying the specific plan
222     features that do not comply with the applicable codes, as well
223     as the specific code chapters and sections, within 10 business
224     days after receipt of the permit application and affidavit. The
225     local building official must provide with specificity the plan’s
226     deficiencies, the reasons the permit application failed, and the
227     applicable codes being violated in such written notice. If the
228     local building official does not provide specific written notice
229     to the permit applicant within the prescribed 10-day period, the
230     permit application is deemed approved as a matter of law, and
231     the permit must be issued by the local building official on the
232     next business day.
233          (b)    If the local building official provides a written
234     notice of plan deficiencies to the permit applicant within the
235     prescribed time period in paragraph (a) 20-day period, the time
236     20-day period shall be tolled pending resolution of the matter.
237     To resolve the plan deficiencies, the permit applicant may elect


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267    (2024)
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238     to dispute the deficiencies pursuant to subsection (14) or to
239     submit revisions to correct the deficiencies.
240          (c)   If the permit applicant submits revisions, the local
241     building official has the remainder of the tolled time 20-day
242     period plus 5 business days from the date of resubmittal to
243     issue the requested permit or to provide a second written notice
244     to the permit applicant stating which of the previously
245     identified plan features remain in noncompliance with the
246     applicable codes, with specific reference to the relevant code
247     chapters and sections. Any subsequent review by the local
248     building official is limited to the deficiencies cited in the
249     written notice. If the local building official does not provide
250     the second written notice within the prescribed time period, the
251     permit shall be deemed approved as a matter of law, and the
252     local building official must issue the permit on the next
253     business day.
254          Section 6.    Subsections (1) and (2) of section 553.792,
255     Florida Statutes, are amended and subsection (4) is added to
256     that section, to read:
257          553.792    Building permit application to local government.—
258          (1)(a)    A local government must approve, approve with
259     conditions, or deny a building permit application after re ceipt
260     of a completed and sufficient application within the following
261     timeframes, unless the applicant waives such timeframes in
262     writing:
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267   (2024)
        Amendment No. 1


263          1.   For an applicant using a local government plans
264     reviewer to obtain a building permit, within 30 business days
265     after receiving a complete and sufficient application.
266          2.   For an applicant using a private provider consistent
267     with s. 553.791 to obtain a building permit, within 15 business
268     days after receiving a complete and sufficient application.
269          3.   For an applicant for a master plan permit, within 10
270     business days after receiving a complete and sufficient
271     application.
272          4.   For an applicant for a single-family residential
273     dwelling applied for by a contractor licensed in this state on
274     behalf of a property owner who participates in a Community
275     Development Block Grant-Disaster Recovery program administered
276     by the Department of Commerce, within 10 business days after
277     receipt of the application unless the permit application fails
278     to satisfy the Florida Building Code or the enforcing agency's
279     laws or ordinances.
280          5.   For an applicant for a multifamily residential unit,
281     within 60 business days after receiving a complete and
282     sufficient application.
283
284     If the local government does not approve, approve with
285     conditions, or deny the completed and sufficient application
286     within the required timeframes in this paragraph, the
287     application is deemed or determined to be approved. A local
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 267   (2024)
        Amendment No. 1


288     government may not require a waiver of the timeframes as a
289     condition to review an application for a building permit.
290
291           -----------------------------------------------------
292                       T I T L E   A M E N D M E N T
293          Remove lines 3-10 and insert:
294     309.035, F.S.; changing requirements for handrails; s. 468.609,
295     F.S.; allowing use of an internship program as a basis for a
296     license; s. 553.73, F.S.; requiring the Florida Building
297     Commission to modify provisions in the Florida Building Code
298     relating to replacement windows, doors, or garage doors in an
299     existing building; providing requirements for such
300     modifications; defining the term "windborne debris region";
301     amending s. 553.79, F.S.; removing provisions relating to
302     acquiring building permits for certain residential dwellings;
303     amending s. 553.791, F.S.; relating to permit time frames for
304     certain private providers; amending s.




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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 267   (2024)
       Amendment No. 2




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment (with title amendment)
 5          Between lines 384 and 385, insert:
 6          Section 5.    Section 553.9065, Florida Statutes, is created
 7     to read:
 8          553.9065     Thermal efficiency standards for unvented attic
 9     and unvented enclosed rafter assemblies.—Unvented attic and
10     unvented enclosed rafter assemblies that are insulated and air
11     sealed with a minimum of R-20 air-impermeable insulation meet
12     the requirements of sections R402 of the Florida Building Code,
13     8th Edition (2023), Energy Conservation, if all of the following
14     apply:
15          (1)    The building has a blower door test result of less
16     than 3 ACH50.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 267   (2024)
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17          (2)   The building has a positive input ventilation system
18     or a balanced or hybrid whole-house mechanical ventilation
19     system.
20          (3)   If the insulation is installed below the roof deck and
21     the exposed portion of roof rafters is not already covered by
22     the R-20 air-impermeable insulation, the exposed portion of the
23     roof rafters is insulated by a minimum of R-3 air-impermeable
24     insulation unless directly covered by a finished ceiling. Roof
25     rafters are not required to be covered by a minimum of R -3 air-
26     impermeable insulation if continuous insulation is installed
27     above the roof deck.
28          (4)   All indoor heating, cooling, and ventilation equipment
29     and ductwork is inside the building thermal envelope.
30
31           -----------------------------------------------------
32                        T I T L E   A M E N D M E N T
33          Remove line 32 and insert:
34          upgrades; creating s. 553.9065, F.S.; providing that
35          certain unvented attic and unvented enclosed rafter
36          assemblies meet the requirements of the Florida
37          Building Code, Energy Conservation; amending s.
38          440.103, F.S.; conforming a




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                                  Page 2 of 2
CS/HB 293
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 293 Hurricane Protections for Homeowners' Associations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Sirois
TIED BILLS:       IDEN./SIM. BILLS: SB 600

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 13 Y, 0 N, As CS        Larkin             Anstead
       Subcommittee

    2) Civil Justice Subcommittee                               18 Y, 0 N               Yeager             Jones

    3) Commerce Committee                                                               Larkin             Hamon


                                            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 may to
impose assessments that, if unpaid, may become a lien on the parcel. HOAs may levy fines against or
suspend certain access rights of a parcel owner for failing to comply with the HOA’s governing documents.

If the HOA’s governing documents allow, an HOA or its architectural, construction improvement, or other
similar committee (ARC) may:
      Require a review and approval of plans and specifications for the location, size, type, or appearance of
        any structure or other improvement on a parcel before a parcel owner makes such improvement.
      Enforce standards for the external appearance of any structure or improvement located on a parcel.

Hurricane hardening involves improvements to a home or other structure to make it less susceptible to damage
from extreme wind, flooding, or flying debris. Hardening improves the durability and stability of a structure,
making it better able to withstand the impacts of hurricanes without sustaining major damage.

The bill:
    Requires an HOA or ARC to adopt hurricane protection specifications for each structure or other
        improvement on a parcel governed by the HOA. The specifications may include the color and style of
        hurricane protection products and must comply with the applicable building code.
    Prohibits an HOA or ARC from denying an application for installation, enhancement, or replacement of
        hurricane protection by a parcel owner which conforms to specifications adopted by the HOA or ARC.
    Allows the HOA or ARC to require a parcel owner to adhere to an existing unified building scheme
        regarding the external appearance of the structure or other improvement on the parcel.
    Provides that "hurricane protection” includes, but is not limited to:
            o Metal roofs,
            o Permanent fixed or roll-down track storm shutters,
            o Impact-resistant windows and doors,
            o Polycarbonate panels,
            o Reinforced garage doors,
            o Erosion controls,
            o Exterior fixed generators, and
            o Fuel storage tanks.

The bill provides that in order to protect the health, safety, and welfare of the people of the state and to ensure
uniformity and consistency in the hurricane protection installed by parcel owners, the bill applies to all HOAs in
the state, regardless of when the community was created. The bill does not appear to have a fiscal impact on
state or local governments and is effective upon becoming law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/13/2024
                                               FULL ANALYSIS

                                         I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Homeowners’ Associations

        A homeowners’ association (HOA) is an association of residential property owners in which voting
        membership is made up of parcel owners and membership is a mandatory condition of parcel
        ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
        parcel.1

        Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
        720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
        by an elected board of directors (board). The powers and duties of an HOA include the powers and
        duties provided in the HOA Act, and in the association’s governing documents, which include the
        recorded covenants and restrictions, together with the bylaws, articles of incorporation, and duly
        adopted amendments to those documents.2

        An HOA must be a Florida corporation and the initial governing documents must be recorded in the
        official records of the county in which the community is located. The powers and duties of an
        association include those set forth in the HOA Act and in the governing documents, except as expressly
        limited or restricted in the HOA Act.

        No state agency has direct oversight over HOAs. However, Florida law provides for a limited mandatory
        binding arbitration program, administered by the Division of Condominiums, Timeshares and Mobile
        Homes, within the Department of Business and Professional Regulation, for certain election and recall
        disputes.3

        HOA Architectural and Construction Improvement Covenants and Rules

        If the governing documents allow, an HOA or its architectural, construction improvement, or other
        similar committee (ARC) may:4
              Require a review and approval of plans and specifications for the location, size, type, or
                appearance of any structure or other improvement on a parcel before a parcel owner makes
                such improvement.
              Enforce standards for the external appearance of any structure or improvement located on a
                parcel.

        The HOA or ARC may not restrict the right of a parcel owner to select from any options given in the
        governing documents for the use of material, the size of the structure or improvement, the design of the
        structure or improvement, or the location of the structure or improvement on the parcel.5

        Each parcel owner is entitled to the rights and privileges set forth in the governing documents
        concerning the architectural use of the parcel, and the construction of permitted structures and
        improvements on the parcel and such rights and privileges may not be unreasonably infringed upon or
        impaired by the HOA or ARC. If the an HOA or ARC unreasonably, knowingly, and willfully infringes




1 S. 720.301(9), F.S.
2 See generally ch. 720, F.S.
3 S. 720.311, F.S.
4 S. 720.3035(1), F.S.
5 S. 720.3035(2), F.S.
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        upon or impairs such rights and privileges, the adversely affected parcel owner may recover damages,
        including any costs and reasonable attorney fees.6

        An HOA or ARC may not enforce any policy or restriction that is inconsistent with the rights and
        privileges of a parcel owner set forth in the governing documents, whether uniformly applied or not.7

        Levying Fines

        Owners, tenants, and guests must comply with an HOA’s governing documents, including those related
        to architectural or construction improvements. HOAs may levy fines against or suspend the right of a
        parcel owner, tenant, or guest of an owner or occupant, to use the common areas 8 or any other
        association property for failing to comply with any provision in the HOA’s governing documents.9

        No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of a
        continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
        exceed $1,000 if the HOA’s governing documents authorize it. A fine may not become a lien on the
        property unless it exceeds $1,000.10

        Hurricane Hardening

        Generally, hurricane hardening involves improvements to a building structure and its openings to make
        it less susceptible to damage from extreme wind, flooding, or flying debris. Hardening improves the
        durability and stability of a structure, making it better able to withstand the impacts of hurricanes and
        weather events without sustaining major damage.11

        Hurricane hardening includes installing hurricane impact-rated doors, windows with impact-resistant
        glass, reinforced roof and wall structures that meet or exceed high-velocity impact codes, independent
        emergency power systems, potable water storage, fuel stores, and other supplies and systems that will
        sustain those within the building for a certain time period after a storm.12

        Most hurricane hardening must be installed in compliance with applicable codes, including the Florida
        Building Code, and by a licensed construction contractor. 13

        Condominium Hurricane Protection Specifications

        Each residential condominium must adopt hurricane shutter specifications for each building of the
        condominium, which must include color, style, and other factors deemed relevant by the condominium.
        All such specifications must comply with the applicable building code. 14 A condominium is not required
        to adopt other hurricane protection specifications.

        A condominium may not refuse to approve the installation or replacement of hurricane shutters, impact
        glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a
        condominium unit owner conforming to the condominium’s specifications.15


6 S. 720.3035(4),  F.S.
7 S. 720.3035(5),  F.S.
8 This does not apply to that portion of common areas used to provide access or utility servic es to the parcel. A

suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress
from the parcel, including, but not limited to, the right to park. S. 720.305(2)(a), F.S.
9 S. 720.305, F.S.
10 S. 720.305(2), F.S.
11 Hurricane Hardening, WGI, (June 14, 2018), https://wginc.com/hurricane-hardening/ (last visited Dec. 8, 2023);

Hardening and Resiliency U.S. Energy Industry Response to Recent Hurricane Seasons, U.S. Department of Energy,
Aug. 2010, p.8, https://www.oe.netl.doe.gov/docs/HR-Report-final-081710.pdf (last visited Dec. 8, 2023).
12 Id.
13 See s. 553.72(1), F.S.; s. 489.105, F.S.
14 S. 718.113(5), F.S.
15 S. 718.113(5)(d), F.S.
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       Effect of the Bill

       The bill requires an HOA or any ARC to adopt hurricane protection specifications for each structure
       or other improvement on a parcel governed by the HOA. The specifications may include the color and
       style of hurricane protection products and any other factor deemed relevant by the board. All
       specifications adopted by the HOA must comply with the applicable building code.

       The bill allows the HOA or ARC to require a parcel owner to adhere to an existing unified building
       scheme regarding the external appearance of the structure or other improvement on the parcel.

       The bill provides that, regardless of any other provision in the HOA’s governing documents, the HOA or
       ARC may not deny an application for the installation, enhancement, or replacement of hurricane
       protection by a parcel owner which conforms to the specifications adopted by the HOA or ARC.

       The bill provides that "hurricane protection” includes, but is not limited to:
           Metal roofs,
           Permanent fixed storm shutters,
           Roll-down track storm shutters,
           Impact-resistant windows and doors,
           Polycarbonate panels,
           Reinforced garage doors,
           Erosion controls,
           Exterior fixed generators,
           Fuel storage tanks, and
           Other hurricane protection products used to preserve and protect the structures or
               improvements on a parcel governed by the HOA.

       The bill provides that in order to protect the health, safety, and welfare of the people of the state and to
       ensure uniformity and consistency in the hurricane protection installed by parcel owners, the bill applies
       to all HOAs in the state, regardless of when the community was created.

       The bill is effective upon becoming a law.

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 720.3035, F.S.; requiring HOAs to provide certain guidance and allow certain
                      improvements related to hurricane protection.
       Section 2:     Provides an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

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DATE: 2/13/2024
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may allow more HOA parcel owners to harden their homes to withstand a storm, which could
       increase construction in the state and reduce effects of a storm on residences.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
           action requiring the expenditures of funds; reduce the authority that counties or municipalities have
           to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
           municipalities.
       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

On January 17, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The committee substitute adds exterior
fixed generators and fuel storage tanks to the list of items for which an HOA must adopt specifications for
acceptable use or installation by parcel owners.

This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.




STORAGE NAME: h0293d.COM                                                                                  PAGE: 5
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F   L     O    R   I   D   A     H    O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 293                                                                                            2024




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

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0293-01-c1
F   L   O   R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 293                                                                                            2024




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

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        CS/HB 293                                                                                            2024




51      generators, fuel storage tanks, and other hurricane protection
52      products used to preserve and protect the structures or
53      improvements on a parcel governed by the association.
54              Section 2.         This act shall take effect upon becoming a law.




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                                                                                                         hb0293-01-c1
CS/HB 605
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 605 Asset Protection Products
SPONSOR(S): Insurance & Banking Subcommittee, Tramont
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 902

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

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

  2) State Administration & Technology                        12 Y, 0 N               Perez              Clark
     Appropriations Subcommittee

  3) Commerce Committee                                                               Herrera            Hamon

                                             SUMMARY ANALYSIS
Under the Motor Vehicle Sales Finance Act, individuals, excluding banks, trust companies, savings and loan
associations, or credit unions authorized to operate in Florida, must obtain a license from the Office of
Financial Regulations (OFR) to conduct motor vehicle retail installment transactions.
Once an entity receives its licensing it is authorized to offer a retail installment contract. A retail installment
contract refers to an agreement where a seller retains or acquires a title or lien on a motor vehicle as security,
wholly or partially, for the buyer's obligations. When entering into a new retail installment contract, loan
contract, or lease agreement for a motor vehicle, a motor vehicle retail installment seller, sales finance
company, retail lessor, or any assignee may offer optional guaranteed asset protection products for a fee or
otherwise. The term guaranteed asset protection product refers to a provision in a loan, lease, or retail
installment contract, or a modification or addendum to such contracts, wherein a creditor agrees to exempt a
customer from liability for payment of any or all of the amount exceeding the collateral's value. Vehicle Value
Protection Agreement Act (VVPA) and excess wear agreements are not currently regulated by statute.
The bill makes changes related to asset protection products, including:
  Guaranteed Asset Protection Products: Limits coverage to cases of total damage or theft. Permits benefits
   such as waiving a part of the purchase price or providing credit for a replacement vehicle, with the option to
   offer these benefits at no additional cost. Changes to retail installment contracts include refunding buyers for
   terminated products, subject to a 90-day notification period and administrative fees. The bill also allows
   cancelation or noncancellation of products after a 30-day free look period, with refunds paid directly to the
   vehicle holder in specific circumstances.
  VVPA: Establishes a statutory framework for Vehicle Value Protection Agreements (VVPAs), defining them
   as agreements offering benefits to reduce finance agreement deficiency balances or facilitate the
   acquisition of replacement motor vehicles or services in adverse events. VVPAs are not considered
   insurance under the Florida Insurance Code and have specific financial security requirements. The bill
   imposes requirements for offering VVPAs, ensuring transparent pricing and non-contingent terms on credit
   extensions or motor vehicle transactions. Providers must adhere to insurance and financial reserve
   standards. Disclosure requirements include identifying information, agreement terms, cancelation details,
   and the non-conditionality of credit or vehicle sale/lease terms on VVPA purchase. The bill mandates
   specific terms in VVPAs, including cancelation conditions and refund details, with penalties for intentional
   violations outlined.
  Excess Wear and Use Waiver: Establishes that an excess wear and use waiver is a contractual
   agreement within a motor vehicle lease where the lessor, with or without an extra charge, agrees to cancel
   or waive amounts due under the lease for excessive wear, use, or mileage. Disclosure requirements
   include total charge, limitations, and cancellation terms with a possible administrative fee capped at $75.
The bill has no fiscal impact on local government, an indeterminate positive impact on state government
revenues and an indeterminate negative effect on expenditures, and an indeterminate economic impact on the
private sector.
This bill provides an effective date as 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: h0605d.COM
DATE: 2/13/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Office of Financial Regulation

          The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial services
          industry.1 OFR reports to the Financial Services Commission (Commission) which is made up of the
          Governor and the members of the Florida Cabinet: the Chief Financial Officer (CFO), Attorney General
          (AG), and Agriculture Commissioner.2 OFR enforces and administers the Financial Institutions Codes;
          is responsible for supervising banks, credit unions, savings associations, and international bank
          agencies; and licenses and regulates non-depository finance companies and the securities industry.3

          Regulation of Consumer Finance

          The Division of Consumer Finance is responsible for licensing and overseeing different facets of non-
          depository financial services sectors.4 This includes the regulation of motor vehicle retail installment
          sellers, governed by Chapter 520 of the Florida Statutes. 5 According to Chapter 520, Florida Statutes, it
          is imperative for individuals to hold a license before engaging in the motor vehicle retail installment
          seller business or operating a branch thereof.6

          Florida Motor Vehicle Retail Sales Finance Act

          Under the Motor Vehicle Sales Finance Act, individuals, excluding banks, trust companies, savings and
          loan associations, or credit unions authorized to operate in Florida, must obtain a license from the OFR
          to conduct motor vehicle retail installment transactions.7 Florida's Motor Vehicle Retail Sales Finance
          Act8 is administered by the Financial Services Commission. 9

          To obtain a license, an application must be submitted to the Office of Financial Regulation of the
          Financial Services Commission, adhering to the prescribed form.10 The Commission may request
          information essential for assessing eligibility, including details about officers, directors, control persons,
          members, partners, joint ventures, or individuals with a 10 percent or greater interest in the applicant.11
          The Office may seek various information, such as names, age, social security numbers, residential
          history, qualifications, educational and business background, and disciplinary and criminal history. If
          approved, the license, valid for up to two years, will be issued.12 An initial application fee is required,
          and it is nonrefundable.13

          A licensed entity must transact business as a motor vehicle retail installment seller solely under its
          licensed name.14 Licenses granted under this act are neither transferable nor assignable.15


1 Florida Office of Financial Regulation, About Our Agency, https://flofr.gov/sitePages/AboutOFR.htm (last visited Jan. 16, 2024).
2 Id.
3 Id.

4 Florida Office of Financial Regulations, Agency Analysis of 2024 SB 902, p. 2 (Jan. 16, 2024).
5 Id.
6 Id.
7 S. 520.03(1), F.S.
8 S. 520.01, F.S.
9 Id. at (2). As to the regulations relating to motor vehicle sales finance, see Fla. Admin. Code R. 69V-50.001 to 69V-50.085. The FSC

is composed of the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. S. 20.121(3), F.S.
10 S.520.03(2), F.S.
11 Id.
12 Id.
13 Id.
14 S.520.03(4), F.S.
15 Id.

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            Retail Installment Contracts

            Once an entity receives its licensing it is authorized to offer a retail installment contract. A retail
            installment contract refers to an agreement where a seller retains or acquires a title or lien on a motor
            vehicle as security, wholly or partially, for the buyer's obligations. 16 This includes conditional sales
            contracts and contracts for the bailment or leasing of a motor vehicle, where the bailee or lessee
            agrees to pay compensation equivalent to or exceeding the vehicle's value, with the option to become
            the owner upon full compliance with the contract's provisions. 17

            The contract must include, among other things, specific details such as a statement on the absence of
            liability insurance coverage for bodily injury and property damage, the names and addresses of the
            seller and buyer, a detailed description of the motor vehicle, including make, year, model, and
            identification number, as well as financial information like the amount financed, finance charge, total
            payments, total sale price, and the number, amount, and date of scheduled payments. 18

            Moreover, the seller is required to provide a separate written breakdown of the amount financed,
            disclosing the cash price, down payment, the difference between cash price and down payment,
            amounts for insurance and other benefits, and any taxes and official fees not covered in the cash
            price.19 This breakdown may be presented on a separate disclosure statement or within the same
            document as the contract, provided it is clearly and prominently segregated. 20

            Guaranteed Asset Protection Products

            When entering into a new retail installment contract, loan contract, or lease agreement for a motor
            vehicle, a motor vehicle retail installment seller, sales finance company, retail lessor, or any assignee
            may offer optional guaranteed asset protection products for a fee or otherwise. 21 The term guaranteed
            asset protection product refers to a provision in a loan, lease, or retail installment contract, or a
            modification/addendum to such contracts, wherein a creditor agrees to exempt a customer from liability
            for payment of any or all of the amount exceeding the collateral's value. 22 It is important to note that this
            product does not fall under the category of insurance as defined by the Florida Insurance Code. 23 This
            subsection is applicable to all guaranteed asset protection products issued before October 1, 2008. 24

            To offer guaranteed asset protection products, the motor vehicle retail installment seller, sales finance
            company, retail lessor, or assignee must adhere to the following25:
                     The cost of any guaranteed asset protection product should not exceed the amount of the
                       indebtedness.26
                     A guaranteed asset protection product is considered an obligation of any person acquiring
                       the loan contract covering the product.27
                     Entities providing guaranteed asset protection products must offer clear and understandable
                       disclosures detailing eligibility requirements, conditions, refunds, and exclusions. The
                       purchase of the product must be optional, and the disclosures should be in plain language
                       and easily readable.28
                     The entity must provide a copy of the executed guaranteed asset protection product contract
                       to the buyer, with the entity bearing the burden of proving the contract was provided. 29
16 S. 520.02(17), F.S.
17 Id.
18
     S. 520.07, F.S.
19 S. 520.07(3), F.S.
20 Id.
21
     S.520.07(11), F.S.
22
     S. 520.02(7), F.S.
23Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. See also s. 624.01,
F.S.
24 S. 520.02(7), F.S.
25 S. 520.07(11), F.S.
26 Id.
27 Id.
28 Id.
29 Id.

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                     Contracts for guaranteed asset protection products cannot include terms allowing the entity
                      to unilaterally modify the contract unless the modification benefits the buyer without
                      additional charges or the buyer is notified of any proposed changes and provided a
                      reasonable opportunity to cancel without penalty before the changes take effect. 30
                     If a contract for a guaranteed asset protection product is terminated, the entity must refund
                      any unearned fees paid by the buyer unless the contract specifies otherwise. To receive a
                      refund, the buyer must notify the entity of the termination event within 90 days and request a
                      refund. An entity may offer a contract without a refund provision only if a bona fide option for
                      a comparable contract with a refund provision is also offered to the buyer. 31

         Vehicle Value Protection Agreement

         A vehicle value protection agreement is a contractual arrangement offering benefits when a vehicle
         owner replaces the vehicle during trade-in, in case of theft, or after an adverse event affecting the
         vehicle's value.32 An agreement that complies with the act is not considered insurance and is exempt
         from regulatory oversight as insurance.33 Vehicle Value Protection agreements is not currently
         regulated in Florida.

         Excess Wear and Use Coverage

         Excess wear and use coverage can be added to a lease agreement to protect lessees from incurring
         additional charges related to damages or excessive wear on the leased vehicle.34 The liability under
         most open-end leases is influenced by the vehicle's wear, significantly impacting financial obligations.
         Excessive wear and tear, as defined in a lease agreement, refers to wear surpassing stipulated
         standards, often explicitly outlined and required to be reasonable. Similar to excess mileage, excessive
         wear and tear invariably diminishes the vehicle's value, whether leased or purchased. 35

         The assumed residual value in the lease is based on the expectation that the vehicle will be returned in
         a specified condition. This additional coverage typically addresses various issues such as dents,
         scratches, tire wear, interior stains, and more. It offers reassurance by relieving lessees of financial
         responsibility for the typical wear and tear on the vehicle.36 Excess wear and use coverage is not
         currently regulated in Florida.

         Effect of the Bill

         Guaranteed Asset Protection Products

         The bill limits guaranteed asset protection products covering a purchaser’s responsibility for paying the
         debt exceeding the collateral value in cases of total damage or unrecovered theft. It allows the product
         to offer benefits like waiving a part of the purchase price or providing a credit for a replacement motor
         vehicle. It also specifies that such agreements and benefits may be offered with or without additional
         cost to the purchaser.

         The bill introduces changes to retail installment contracts, including:
                  Refunding buyers for terminated guaranteed asset protection products, unless the contract
                      specifies otherwise. No refund is due if the buyer has received a benefit, and a 90-day
                      notification period is required.
                  Authorizing an administrative fee to be deducted from refunds of up to $75, except for
                      refunds following a 30-day free look period.

30 Id.
31 Id.
32 Colo. Rev. Stat. S. 42-21-101 (2023)
33 Id.
34 Board of Governors of the Federal Reserve System , More Information ab out Excessive Wear-and-Tear Charges,

https://www.federalreserve.gov/pubs/leasing/resource/consider/endopen_info10.htm (last visited Jan. 16, 2024).
35 Id.
36 Id.

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                 Allowing cancelation or noncancellation of guaranteed asset protection products after a
                  minimum 30-day free look period, provided no benefits are provided.
                 Directly paying refunds to the vehicle holder or its assignee for terminations due to default,
                  repossession, or contract termination, unless the retail installment contract is paid in full.

       Vehicle Value Protection Agreement Act (VVPA)

       The bill creates a statutory framework for VVPA. It provides relevant definitions for administrator,
       commercial, commission, contract holder, finance agreement, motor vehicle, provider, and vehicle
       value protection agreement. The bill defines VVPA as an agreement that provides:
                benefits for reducing the current finance agreement deficiency balance of the contract
                   holder; or
                facilitating the acquisition or leasing of a replacement motor vehicle or motor vehicle
                   services in case of adverse events such as loss, theft, damage, obsolescence, diminished
                   value, or depreciation.

       VVPAs are not insurance subject to the Florida Insurance Code and are not subject to financial security
       requirements except as specified in the bill.

       Further, the bill creates requirements for offering VVPA for personal use vehicles. VVPA can be
       offered, sold, or given to consumers as long as:
                Any amount charged or financed is clearly stated for the VVPA and is not considered a
                   finance charges or interest.
                The extension of credit, terms of credit, and terms of the related motor vehicle sale or lease
                   are not contingent upon the consumer's payment for or financing of any charge for a VVPA.
                   However, these agreements may be discounted or provided at no charge with the purchase
                   of noncredit-related goods or services.
                VVPA’s are sold only after providing the contract holder with access to a copy of the
                   agreement.

       Additionally, the sale of VVPA is prohibited if the coverage duplicates another VVPA for the same
       vehicle or a guaranteed asset protection product.
                Providers are required to:
                      o Insure all VVPA liabilities under a policy from an authorized insurer.
                      o Maintain a reserve account not less than 40 percent of gross consideration received,
                          less claims paid, for in-force contracts in the state.
                      o Maintain a net worth or stockholders' equity directly or via the worth of its parent
                          company of $100 million, providing financial statements upon request.

       The bill requires all VVPA to disclose the following:
                Identifying information of the provider, purchaser, and administrator;
                Explicit terms of the agreement, including purchase price, eligibility criteria, coverage
                   conditions, and exclusions;
                Notification that the contract is cancelable within a minimum 30-day free look period, with a
                   full refund if canceled during this time and no benefits have been provided;
                Procedure for obtaining benefits, cancelation conditions, and refund details; and
                Credit extension or vehicle sale/lease terms is not conditioned on VVPA purchase.

       The bill requires that all VVPA must incorporate the following terms:
                Precise terms and conditions for cancelation by either the provider or contract holder;
                Requirement for the provider to give a 5-day written notice before cancelation, stating the
                   effective date and reason, except in specific circumstances;
                Full refund by the provider if the agreement is canceled for reasons other than nonpayment,
                   deducting any claims paid if coverage continues after a claim; and
                Allowance for a reasonable administrative fee, not exceeding $75, by the provider.

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         The bill specifies that any provider, administrators, or any individual intentionally violating Part II of ch.
         520, F.S., relating to VVPAs may be subject to fines not to exceed $500 per violation and no more than
         $10,000 for all violations of a similar nature.

         Excess Wear and Use Waiver

         The bill authorizes an excess wear and use waiver to a contractual agreement within a motor vehicle
         lease where the lessor, with or without an extra charge, agrees to cancel or waive amounts due under
         the lease for excessive wear, use, or mileage but the waiver agreement must disclose the following:
                  The total charge for the waiver.
                  Any exclusions or limitations on the amount of excess wear and use that the waiver covers.
                  Terms, restrictions, and conditions for canceling the waiver before its termination or
                     expiration, including a potential administrative fee not exceeding $75.

     B. SECTION DIRECTORY:
         Section 1:         Amends s. 520.02, F.S., relating to definitions.
         Section 2:         Amends s. 520.07, F.S., relating to requirements and prohibitions as to retail installment
                            contracts.
         Section 3:         Redesignates parts II through VI of Ch. 520 as parts III through VII.
         Section 4:         Creates Part II of Ch. 520, F.S., relating to Vehicle Value Protection Agreements.
         Section 5:         Amends s. 521.003, F.S., relating to definitions.
         Section 6:         Creates s. 521.007, F.S., relating to extended wear and use waiver.
         Section 7:         Amends s. 24.118, F.S., relating to other prohibited acts; penalties.
         Section 8:         Amends s. 501.604, F.S., relating to exemptions.
         Section 9:         Amends s. 671.304, F.S., relating to laws not repealed; precedence where code
                            provisions in conflict with other laws; certain statutory remedies retained.
         Section 10:        Providing an effective date of October 1, 2024.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             Indeterminate, as the number of entities subject to the registration requirement is unknown 37.

         2. Expenditures:
             OFR must amend existing rules to incorporate the changes made in the bill, as well as update the
             Regulatory Enforcement and Licensing (REAL) system and website. These adjustments will have
             minimal fiscal impact and can be absorbed within OFR’s current appropriations 38.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.


         2. Expenditures:
             None.

37 Office of Financial Regulation, Agency Analysis of 2024 Senate Bill 902, p. 7 (Jan. 18, 2024).
38 Id.

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   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Since GAP products will be limited to total loss cases, consumers may experience increased cost to
       obtain full coverage by now having to purchase a second product; i.e., both a GAP and a VVPA.
       Purchasers may experience savings where the products authorized by the bill cover losses that have
       not previously been provided for by an authorized product.

   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:
          The retroactive application to "related products" raises constitutional concerns, particularly regarding
          fairness and due process. Applying regulations retroactively without accompanying findings may
          infringe on individuals' rights to fair notice and protection against arbitrary government actions,
          posing potential constitutional issues.

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


   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 18, 2024, the Insurance & Banking Subcommittee considered the bill, adopted an amendment,
and reported the bill favorably as a committee substitute. The amendment makes technical changes, including
consolidating the bill’s provisions into a single Part of the current Chapter 520, rather than creating a new part
of the chapter and an additional chapter of Florida Statute.

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




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           CS/HB 605                                                                                            2024




    1                                         A bill to be entitled
    2              An act relating to asset protection products; amending
    3              s. 520.02, F.S.; revising the definition of the term
    4              "guaranteed asset protection product"; amending s.
    5              520.07, F.S.; prohibiting certain entities from
    6              deducting more than a specified amount in
    7              administrative fees when providing a refund of a
    8              guaranteed asset protection product; authorizing
    9              guaranteed asset protection products to be cancelable
10                 or noncancelable under certain circumstances;
11                 authorizing certain entities to pay refunds directly
12                 to the holder or administrator of a loan under certain
13                 circumstances; creating s. 520.151, F.S.; providing a
14                 short title; creating s. 520.152, F.S.; providing
15                 definitions; creating s. 520.153, F.S.; authorizing
16                 the offer, sale, or gift of vehicle value protection
17                 agreements in compliance with a certain act;
18                 specifying a requirement regarding the amount charged
19                 or financed for a vehicle value protection agreement;
20                 prohibiting the conditioning of credit offers or terms
21                 for the sale or lease of a motor vehicle upon a
22                 consumer's payment for or financing of any charge for
23                 a vehicle value protection agreement; authorizing
24                 discounting or giving the vehicle value protection
25                 agreement at no charge under certain circumstances;

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        CS/HB 605                                                                                            2024




26              authorizing providers to use an administrator or othe r
27              designee for administration of vehicle value
28              protection agreements; prohibiting vehicle value
29              protection agreements from being sold under certain
30              circumstances; specifying financial security
31              requirements for providers; prohibiting additional
32              financial security requirements from being imposed on
33              providers; creating s. 520.154, F.S.; requiring
34              vehicle value protection agreements to include certain
35              written disclosures in clear and understandable
36              language; requiring vehicle value protection
37              agreements to state the terms, restrictions, or
38              conditions governing cancellation by the provider or
39              the contract holder; specifying requirements for
40              notice by the provider, refund of fees, and deduction
41              of fees if the agreement is canceled; creating s.
42              520.155, F.S.; providing an exemption for vehicle
43              value protection agreements in connection with a
44              commercial transaction; creating s. 520.156, F.S.;
45              providing noncriminal penalties; defining the term
46              "violations of a similar nature"; creating s. 520.157,
47              F.S.; defining the term "excess wear and use waiver";
48              providing an effective date.
49
50      Be It Enacted by the Legislature of the State of Florida:

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        CS/HB 605                                                                                            2024




51
52              Section 1.         Subsection (7) of section 520.02, Florida
53      Statutes, is amended to read:
54              520.02        Definitions.—In this act, unless the context or
55      subject matter otherwise requires:
56              (7)         "Guaranteed asset protection product" means a loan,
57      lease, or retail installment contract term, or modification or
58      addendum to a loan, lease, or retail installment contract, under
59      which a creditor agrees with or without a separate charge, to
60      cancel or waive a customer's liability for payment of some or
61      all of the amount by which the debt exceeds the value of the
62      collateral that has incurred total physical damage or is the
63      subject of an unrecovered theft. A guaranteed asset protection
64      product may also provide, with or without a separate charge, a
65      benefit that waives a portion of, or provides a customer with a
66      credit towards, the purchase of a replacement motor vehicle.
67      Such a product is not insurance for purposes of the Florida
68      Insurance Code. This subsection also applies to all guaranteed
69      asset protection products issued before October 1, 2008.
70              Section 2.         Paragraph (g) of subsection (11) of section
71      520.07, Florida Statutes, is amended, and paragraphs (h) and (i)
72      are added to that subsection, to read:
73              520.07        Requirements and prohibitions as to retail
74      installment contracts.—
75              (11)        In conjunction with entering into any new retail

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         CS/HB 605                                                                                            2024




 76      installment contract or contract for a loan, a motor vehicle
 77      retail installment seller as defined in s. 520.02, a sales
 78      finance company as defined in s. 520.02, or a retail lessor as
 79      defined in s. 521.003, and any assignee of such an entity, may
 80      offer, for a fee or otherwise, optional guaranteed asset
 81      protection products in accordance with this chapter. The motor
 82      vehicle retail installment seller, sales finance company, retail
 83      lessor, or assignee may not require the purchase of a guaranteed
 84      asset protection product as a condition for making the loan. In
 85      order to offer any guaranteed asset protection product, a motor
 86      vehicle retail installment seller, sales finance company, or
 87      retail lessor, and any assignee of such an entity, shall comply
 88      with the following:
 89              (g)         If a contract for a guaranteed asset protection
 90      product is terminated, the entity shall refund to the buyer any
 91      unearned fees paid for the contract unless the contract provides
 92      otherwise. A refund is not due to a consumer who receives a
 93      benefit under such product. In order to receive a refund, the
 94      buyer must notify the entity of the event terminating the
 95      contract and request a refund within 90 days after the
 96      occurrence of the event terminating the contract. An entity may
 97      offer a buyer a contract that does not provide for a refund only
 98      if the entity also offers that buyer a bona fide option to
 99      purchase a comparable contract that provides for a refund. An
100      entity may not deduct more than $75 in administrative fees from

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         CS/HB 605                                                                                            2024




101      a refund made under this subsection.
102              (h)         Guaranteed asset protection products may be cancelable
103      or noncancelable after a free-look period as defined in s.
104      520.152.
105              (i)         If the termination of the guaranteed asset protection
106      product occurs because of a default under the retail installment
107      contract or contract for a loan, the repossession of the motor
108      vehicle associated with the retail installment contract or
109      contract for a loan, or any other termination of the retail
110      installment contract or contract for a loan, the entity may pay
111      any refund due directly to the holder or administrator and apply
112      the refund as a reduction of the amount owed under the retail
113      installment contract or contract for a loan, unless the buyer
114      can show that the retail installment contract has been paid in
115      full.
116              Section 3.         Section 520.151, Florida Statutes, is created
117      to read:
118              520.151        Florida Vehicle Value Protection Agreements Act.—
119      Sections 520.151-520.156 may be cited as the "Florida Vehicle
120      Value Protection Agreements Act."
121              Section 4.         Section 520.152, Florida Statutes, is created
122      to read:
123              520.152        Definitions.—As used in ss. 520.151-520.156,
124      unless the context or subject matter otherwise requires, the
125      term:

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         CS/HB 605                                                                                            2024




126              (1)         "Administrator" means the person who is responsible
127      for the administrative or operational function of managing
128      vehicle value protection agreements, including, but not limited
129      to, the adjudication of claims or benefit requests by contract
130      holders.
131              (2)         "Commercial transaction" means a transaction in which
132      the motor vehicle subject to the transaction is used primarily
133      for business or commercial purposes.
134              (3)         "Contract holder" means a person who is the purchaser
135      or holder of a vehicle value protection agreement.
136              (4)         "Finance agreement" means a loan, retail installment
137      sales contract, or lease for the purchase, refinancing, or lease
138      of a motor vehicle.
139              (5)         "Free-look period" means the period of time,
140      commencing on the effective date of the contract, during which
141      the buyer may cancel the contract for a full refund of the
142      purchase price. This period may not be shorter than 30 days.
143              (6)         "Motor vehicle" has the same meaning as provided in s.
144      520.02.
145              (7)         "Provider" means a person that is obligated to provide
146      a benefit under a vehicle value protection agreement. A provider
147      may function as an administrator or retain the services of a
148      third-party administrator.
149              (8)         "Vehicle value protection agreement" includes a
150      contractual agreement that provides a benefit toward either the

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         CS/HB 605                                                                                            2024




151      reduction of some or all of the contract holder's current
152      finance agreement deficiency balance or the purchase or lease of
153      a replacement motor vehicle or motor vehicle services upon the
154      occurrence of an adverse event to the motor vehicle, including,
155      but not limited to, loss, theft, damage, obsolescence,
156      diminished value, or depreciation. The term does not include
157      guaranteed asset protection products as defined in s. 520.02.
158      Such a product is not insurance for the purposes of the Florida
159      Insurance Code.
160              Section 5.         Section 520.153, Florida Statutes, is created
161      to read:
162              520.153        Requirements and prohibitions as to vehicle value
163      protection agreements.—
164              (1)         Vehicle value protection agreements may be offered,
165      sold, or given to consumers in this state in compliance with
166      this act.
167              (2)         Notwithstanding any other law, any amount charged or
168      financed for a vehicle value protection agreement is not
169      considered a finance charge or interest and must be separately
170      stated in the finance agreement and in the vehicle value
171      protection agreement.
172              (3)         The extension of credit, the terms of credit, or the
173      terms of the related motor vehicle sale or lease may not be
174      conditioned upon the consumer's payment for or financing of any
175      charge for a vehicle value protection agreement. However, a

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         CS/HB 605                                                                                            2024




176      vehicle value protection agreement may be discounted or given at
177      no charge in connection with the purchase of other noncredit
178      related goods or services.
179              (4)         A provider may use an administrator or other designee
180      to administer a vehicle value protection agreement.
181              (5)         A vehicle value protection agreement may not be sold
182      or given to any person unless he or she has been or will be
183      provided access to a copy of such vehicle value protection
184      agreement at a reasonable time after such vehicle value
185      protection agreement is sold or given.
186              (6)         A vehicle value protection agreement may not be sold
187      or given if coverage is duplicative of another vehicl e value
188      protection agreement sold or given to a person or duplicative of
189      a guaranteed asset protection product.
190              (7)         Each provider shall do one of the following:
191              (a)         Insure all of its vehicle value protection agreements
192      under a policy that pays or reimburses the contract holder in
193      the event the provider fails to perform its obligations under
194      the vehicle value protection agreement. The insurer must be
195      licensed or otherwise authorized or eligible to do business in
196      this state;
197              (b)         Maintain a funded reserve account for its obligations
198      under its contracts issued and outstanding in this state. The
199      reserves may not be less than 40 percent of gross consideration
200      received, less claims paid, on the sale of the vehicle value

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         CS/HB 605                                                                                            2024




201      protection agreement for all in-force contracts in this state.
202      The reserve must be placed in trust with the office and have a
203      financial security deposit valued at not less than 5 percent of
204      the gross consideration received, less claims paid, on the sale
205      of the vehicle value protection agreements for all vehicle value
206      protection agreements issued and in force in this state, but at
207      least $25,000. The reserve account must consist of one of the
208      following:
209              1.      A surety bond issued by an authorized surety;
210              2.      Securities of the type eligible for deposit by insurers
211      as provided in s. 625.52;
212              3.      Cash; or
213              4.      A letter of credit issued by a qualified financial
214      institution; or
215              (c)         Maintain, or together with its parent corporation
216      maintain, a net worth or stockholders' equity of $100 million
217      and, upon request, provide the office with a copy of the
218      provider's or the provider's parent company's Form 10 -K or Form
219      20-F filed with the Securities and Exchange Commission within
220      the last calendar year, or if the company does not file with the
221      Securities and Exchange Commission, a copy of the company's
222      audited financial statements, which must show a net worth of the
223      provider or its parent company of at least $100 million. If the
224      provider's parent company's Form 10-K, Form 20-F, or financial
225      statements are filed to meet the provider's financial security

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         CS/HB 605                                                                                            2024




226      requirement, the parent company must agree to guarantee the
227      obligations of the provider relating to vehicle value protection
228      agreements sold by the provider in this state.
229              (8)         A financial security requirement other than those
230      imposed in subsection (7) may not be imposed on vehicle value
231      protection agreement providers.
232              Section 6.         Section 520.154, Florida Statutes, is created
233      to read:
234              520.154         Disclosures.—
235              (1)         A vehicle value protection agreement must dis close in
236      writing, in clear, understandable language, all of the
237      following:
238              (a)         The name and address of the provider, contract holder,
239      and administrator, if any.
240              (b)         The terms of the vehicle value protection agreement,
241      including, but not limited to, the purchase price to be paid by
242      the contract holder, if any, the requirements for eligibility
243      and conditions of coverage, and any exclusions.
244              (c)         Whether the vehicle value protection agreement may be
245      canceled by the contract holder during a free-look period as
246      defined in s. 520.152, and that, in the event of cancellation,
247      the contract holder is entitled to a full refund of the purchase
248      price, if any, so long as no benefits have been provided.
249              (d)         The procedure the contract holder must follow, if any,
250      to obtain a benefit under the terms and conditions of the

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         CS/HB 605                                                                                            2024




251      vehicle value protection agreement, including, if applicable, a
252      telephone number, website, or mailing address where the contract
253      holder may apply for a benefit.
254              (e)         Whether the vehicle value protection agreement is
255      cancellable after the free-look period and the conditions under
256      which it may be canceled, including the procedures for
257      requesting any refund of the unearned purchase price paid by the
258      contract holder. In the event that the agreement is cancelable,
259      it must include the methodology for calculating any refund due
260      of the unearned purchase price of the vehicle value protection
261      agreement.
262              (f)         That the extension of credit, the terms of the credit,
263      or the terms of the related motor vehicle sale or l ease may not
264      be conditioned upon the purchase of the vehicle value protection
265      agreement.
266              (2)         A vehicle value protection agreement must state the
267      terms, restrictions, or conditions governing cancellation of the
268      vehicle value protection agreement before the termination or
269      expiration date of the vehicle value protection agreement by
270      either the provider or the contract holder. The provider of the
271      vehicle value protection agreement shall mail a written notice
272      to the contract holder at the last known address of the contract
273      holder contained in the records of the provider at least 5 days
274      before cancellation by the provider, which notice must state the
275      effective date of the cancellation and the reason for the

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         CS/HB 605                                                                                            2024




276      cancellation. However, such prior notice is not require d if the
277      reason for cancellation is nonpayment of the provider fee, a
278      material misrepresentation by the contract holder to the
279      provider or administrator, or a substantial breach of duties by
280      the contract holder relating to the covered motor vehicle or its
281      use. If a vehicle value protection agreement is canceled by the
282      provider for a reason other than nonpayment of the provider fee,
283      the provider must refund to the contract holder 100 percent of
284      the unearned pro rata provider fee paid by the contract holder,
285      if any. If coverage under the vehicle value protection agreement
286      continues after a claim, any refund may reflect a deduction for
287      claims paid and, at the discretion of the provider, an
288      administrative fee of not more than $75.
289              Section 7.         Section 520.155, Florida Statutes, is created
290      to read:
291              520.155       Commercial transactions exempt.—Sections 520.154
292      and 520.156 do not apply to vehicle value protection agreements
293      offered in connection with a commercial transaction.
294              Section 8.         Section 520.156, Florida Statutes, is created
295      to read:
296              520.156       Penalties.—A provider, an administrator, or any
297      other person who willfully and intentionally violates ss.
298      520.151-520.155 commits a noncriminal violation, as defined in
299      s. 775.08(3), punishable by a fine not to exceed $500 per
300      violation and not more than $10,000 in the aggregate for all

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         CS/HB 605                                                                                            2024




301      violations of a similar nature. For purposes of this section,
302      the term "violations of a similar nature" means violations that
303      consist of the same or similar course of conduct, action, or
304      practice, irrespective of the number of times the action,
305      conduct, or practice, determined to be a violation of ss.
306      520.151-520.155 occurred.
307              Section 9.         Section 520.157, Florida Statutes, is created
308      to read:
309              520.157       Excess wear and use waiver.—For purposes of this
310      section, the term "excess wear and use waiver" means a
311      contractual agreement wherein a lessor agrees, regardless of
312      whether subject to a separate fee, to cancel or waive all or
313      part of amounts that may become due under a lease agreement as a
314      result of excess wear and use of a motor vehicle, which
315      agreement must be part of, or a separate addendum to, the lease
316      agreement. Such waivers may also cancel or waive amounts due for
317      excess mileage.
318              Section 10.           This act shall take effect October 1, 2024.




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                               COMMERCE COMMITTEE

                              CS/HB 605 by Rep. Tramont
                              Asset Protection Products

                                AMENDMENT SUMMARY
                                  February 15, 2024

Amendment 1 by Rep. Tramont (Line 90): The amendment makes the following changes:
  • Clarifies that the unearned portion of the purchase price may be refunded, excluding any
     associated finance charges.
  • Conforms the bill to its Senate counterpart.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 605   (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Tramont offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 90-317 and insert:
 6     product is terminated, the entity shall refund to the buyer all
 7     any unearned portions of the purchase price of fees paid for the
 8     contract unless the contract provides otherwise. A refund is not
 9     due to a consumer who receives a benefit under such product. In
10     order to receive a refund, the buyer must notify the entity of
11     the event terminating the contract and request a refund within
12     90 days after the occurrence of the event terminating the
13     contract. An entity may offer a buyer a contract that does not
14     provide for a refund only if the entity also offers that buyer a
15     bona fide option to purchase a comparable contract that provides


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                                                 Bill No. CS/HB 605   (2024)
       Amendment No. 1


16     for a refund. An entity may not deduct more than $75 in
17     administrative fees from a refund made under this subsection .
18          (h)   Guaranteed asset protection products may be cancelable
19     or noncancelable after a free-look period as defined in s.
20     520.152.
21          (i)   If the termination of the guaranteed asset protection
22     product occurs because of a default under the retail installment
23     contract or contract for a loan, the repossession of the motor
24     vehicle associated with the retail installment contract or
25     contract for a loan, or any other termination of the retail
26     installment contract or contract for a loan, the entity may pay
27     any refund due directly to the holder or administrator and apply
28     the refund as a reduction of the amount owed under the retail
29     installment contract or contract for a loan, unless the buyer
30     can show that the retail installment contract has been paid in
31     full.
32          Section 3.   Section 520.151, Florida Statutes, is created
33     to read:
34          520.151   Florida Vehicle Value Protection Agreements Act.—
35     Sections 520.151-520.156 may be cited as the "Florida Vehicle
36     Value Protection Agreements Act."
37          Section 4.   Section 520.152, Florida Statutes, is created
38     to read:




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                                                 Bill No. CS/HB 605   (2024)
       Amendment No. 1


39          520.152   Definitions.—As used in ss. 520.151-520.156,
40     unless the context or subject matter otherwise requires, the
41     term:
42          (1)   "Administrator" means the person who is responsible
43     for the administrative or operational function of managing
44     vehicle value protection agreements, including, but not limited
45     to, the adjudication of claims or benefit requests by contract
46     holders.
47          (2)   "Commercial transaction" means a transaction in which
48     the motor vehicle subject to the transaction is used primarily
49     for business or commercial purposes.
50          (3)   "Contract holder" means a person who is the purchaser
51     or holder of a vehicle value protection agreement.
52          (4)   "Finance agreement" means a loan, retail installment
53     sales contract, or lease for the purchase, refinancing, or lease
54     of a motor vehicle.
55          (5)   "Free-look period" means the period of time,
56     commencing on the effective date of the contract, during which
57     the buyer may cancel the contract for a full refund of the
58     purchase price. This period may not be shorter than 30 days.
59          (6)   "Motor vehicle" has the same meaning as provided in s.
60     520.02.
61          (7)   "Provider" means a person that is obligated to provide
62     a benefit under a vehicle value protection agreement. A provider


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                                                   Bill No. CS/HB 605   (2024)
       Amendment No. 1


63     may function as an administrator or retain the services of a
64     third-party administrator.
65          (8)    "Vehicle value protection agreement" includes a
66     contractual agreement that provides a benefit toward either the
67     reduction of some or all of the contract holder's current
68     finance agreement deficiency balance or the purchase or lease of
69     a replacement motor vehicle or motor vehicle services upon the
70     occurrence of an adverse event to the motor vehicle, including,
71     but not limited to, loss, theft, damage, obsolescence,
72     diminished value, or depreciation. The term does not include
73     guaranteed asset protection products as defined in s. 520.02.
74     Such a product is not insurance for purposes of the Florida
75     Insurance Code.
76          Section 5.   Section 520.153, Florida Statutes, is created
77     to read:
78          520.153   Requirements and prohibitions as to vehicle value
79     protection agreements.—
80          (1)    Vehicle value protection agreements may be offered,
81     sold, or given to consumers in this state in compliance with
82     this act.
83          (2)    Notwithstanding any other law, any amount charged or
84     financed for a vehicle value protection agreement is not
85     considered a finance charge or interest and must be separately
86     stated in the finance agreement and in the vehicle value
87     protection agreement.
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                                                    Bill No. CS/HB 605   (2024)
        Amendment No. 1


 88          (3)   The extension of credit, the terms of credit, or the
 89     terms of the related motor vehicle sale or lease may not be
 90     conditioned upon the consumer's payment for or financing of any
 91     charge for a vehicle value protection agreement. However, a
 92     vehicle value protection agreement may be discounted or given at
 93     no charge in connection with the purchase of other noncredit
 94     related goods or services.
 95          (4)   A provider may use an administrator or other designee
 96     to administer a vehicle value protection agreement.
 97          (5)   A vehicle value protection agreement may not be sold
 98     or given to any person unless he or she has been or will be
 99     provided access to a copy of such vehicle value protection
100     agreement at a reasonable time after such vehicle value
101     protection agreement is sold or given.
102          (6)   A vehicle value protection agreement may not be sold
103     or given if coverage is duplicative of another vehicle value
104     protection agreement sold or given to a person or duplicative of
105     a guaranteed asset protection product.
106          (7)   Each provider shall do one of the following:
107          (a)   Insure all of its vehicle value protection agreements
108     under a policy that pays or reimburses the contract holder in
109     the event the provider fails to perform its obligations under
110     the vehicle value protection agreement. The insurer must be
111     licensed or otherwise authorized or eligible to do business in
112     this state.
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113          (b)     Maintain a funded reserve account for its obligations
114     under its contracts issued and outstanding in this state. The
115     reserves may not be less than 40 percent of gross consideration
116     received, less claims paid, on the sale of the vehicle value
117     protection agreement for all in-force contracts in this state.
118     The reserve must be placed in trust with the office and have a
119     financial security deposit valued at not less than 5 percent of
120     the gross consideration received, less claims paid, on the sale
121     of the vehicle value protection agreements for all vehicle value
122     protection agreements issued and in force in this state, but at
123     least $25,000. The reserve account must consist of one of the
124     following:
125          1.    A surety bond issued by an authorized surety.
126          2.    Securities of the type eligible for deposit by insurers
127     as provided in s. 625.52.
128          3.    Cash.
129          4.    A letter of credit issued by a qualified financial
130     institution.
131          (c)     Maintain, or together with its parent corporation
132     maintain, a net worth or stockholders' equity of $100 million
133     and, upon request, provide the office with a copy of the
134     provider's or the provider's parent company's Form 10 -K or Form
135     20-F filed with the Securities and Exchange Commission within
136     the last calendar year, or if the company does not file with the
137     Securities and Exchange Commission, a copy of the company's
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138     audited financial statements, which must show a net worth of the
139     provider or its parent company of at least $100 million. If the
140     provider's parent company's Form 10-K, Form 20-F, or financial
141     statements are filed to meet the provider's financial security
142     requirement, the parent company must agree to guarantee the
143     obligations of the provider relating to vehicle value protection
144     agreements sold by the provider in this state.
145          (8)     A financial security requirement other than those
146     imposed in subsection (7) may not be imposed on vehicle value
147     protection agreement providers.
148          Section 6.    Section 520.154, Florida Statutes, is created
149     to read:
150          520.154    Disclosures.—
151          (1)     A vehicle value protection agreement must disclose in
152     writing, in clear, understandable language, all of the
153     following:
154          (a)     The name and address of the provider, contract holder,
155     and administrator, if any.
156          (b)     The terms of the vehicle value protection agreement,
157     including, but not limited to, the purchase price to be paid by
158     the contract holder, if any, the requirements for eligibility
159     and conditions of coverage, and any exclusions.
160          (c)     Whether the vehicle value protection agreement may be
161     canceled by the contract holder during a free-look period as
162     defined in s. 520.152, and that, in the event of cancellation,
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                                                    Bill No. CS/HB 605   (2024)
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163     the contract holder is entitled to a full refund of the purchase
164     price, if any, so long as no benefits have been provided.
165          (d)     The procedure the contract holder must follow, if any,
166     to obtain a benefit under the terms and conditions of the
167     vehicle value protection agreement, including, if applicable, a
168     telephone number, website, or mailing address where the contract
169     holder may apply for a benefit.
170          (e)     Whether the vehicle value protection agreement is
171     cancelable after the free-look period and the conditions under
172     which it may be canceled, including the procedures for
173     requesting any refund of the unearned purchase price paid by the
174     contract holder. In the event that the agreement is cancelable,
175     it must include the methodology for calculating any refund due
176     of the unearned purchase price of the vehicle value protection
177     agreement.
178          (f)     That the extension of credit, the terms of the credit,
179     or the terms of the related motor vehicle sale or lease may not
180     be conditioned upon the purchase of the vehicle value protection
181     agreement.
182          (2)     A vehicle value protection agreement must state the
183     terms, restrictions, or conditions governing cancellation of the
184     vehicle value protection agreement before the termination or
185     expiration date of the vehicle value protection agreement by
186     either the provider or the contract holder. The provider of the
187     vehicle value protection agreement shall mail a written notice
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                                                  Bill No. CS/HB 605   (2024)
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188     to the contract holder at the last known address of the contract
189     holder contained in the records of the provider at least 5 days
190     before cancellation by the provider, which notice must state the
191     effective date of the cancellation and the reason for the
192     cancellation. However, such prior notice is not required if the
193     reason for cancellation is nonpayment of the provider fee, a
194     material misrepresentation by the contract holder to the
195     provider or administrator, or a substantial breach of duties by
196     the contract holder relating to the covered motor vehicle or its
197     use. If a vehicle value protection agreement is canceled by the
198     provider for a reason other than nonpayment of the provider fee,
199     the provider must refund to the contract holder 100 percent of
200     the unearned pro rata provider fee paid by the contract holder,
201     if any. If coverage under the vehicle value protection agreement
202     continues after a claim, any refund may reflect a deduction for
203     claims paid and, at the discretion of the provider, an
204     administrative fee of not more than $75.
205          Section 7.   Section 520.155, Florida Statutes, is created
206     to read:
207          520.155   Commercial transactions exempt.—Sections 520.154
208     and 520.156 do not apply to vehicle value protection agreements
209     offered in connection with a commercial transaction.
210          Section 8.   Section 520.156, Florida Statutes, is created
211     to read:


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                                   Page 9 of 12
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 605   (2024)
        Amendment No. 1


212          520.156    Penalties.—A provider, an administrator, or any
213     other person who willfully and intentionally violates ss.
214     520.151-520.155 commits a noncriminal violation as defined in s.
215     775.08(3), punishable by a fine not to exceed $500 per violation
216     and not more than $10,000 in the aggregate for all violations of
217     a similar nature. For purposes of this section, the term
218     "violations of a similar nature" means violations that consist
219     of the same or similar course of conduct, action, or practice,
220     irrespective of the number of times the action, conduct, or
221     practice determined to be a violation of ss. 520.151-520.155
222     occurred.
223          Section 9.    Section 520.157, Florida Statutes, is created
224     to read:
225          520.157    Excess wear and use waiver.—
226          (1)     For purposes of this section, the term "excess wear
227     and use waiver" means a contractual agreement wherein a lessor
228     agrees, regardless of whether subject to a separate fee, to
229     cancel or waive all or part of amounts that may become due under
230     a lease agreement as a result of excess wear and use of a motor
231     vehicle, which agreement must be part of, or a separate addendum
232     to, the lease agreement. Such waivers may also cancel or waive
233     amounts due for excess mileage.
234          (2)     A retail lessee may contract with a retail lessor for
235     an excess wear and use waiver in connection with a lease
236     agreement.
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                                    Page 10 of 12
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 605   (2024)
        Amendment No. 1


237          (3)   The terms of the related motor vehicle lease may not
238     be conditioned upon the consumer's payment for any excess wear
239     and use waiver. However, excess wear and use waivers may be
240     discounted or given at no charge in connection with the purchase
241     of other noncredit-related goods.
242          (4)   A lease agreement that includes an excess wear and use
243     waiver must disclose all of the following:
244          (a)   The total charge for the excess wear and use waiver.
245          (b)   Any exclusions or limitations on the amount of excess
246     wear and use which may be waived under the excess wear and use
247     waiver.
248          (c)   The terms, restrictions, or conditions governing
249     cancellation of the excess wear and use waiver before the
250     termination or expiration of the excess wear and use waiver,
251     which may include an administrative fee of not more than $75.
252          (5)   An excess wear and use waiver is not insurance for
253     purposes of the Florida Insurance Code.
254
255           -----------------------------------------------------
256                        T I T L E   A M E N D M E N T
257          Remove line 48 and insert:
258     authorizing a retail lessee to contract with a retail lessor for
259     an excess wear and use waiver; prohibiting conditioning the
260     terms of the consumer's motor vehicle lease on his or her
261     payment for any excess wear and use waiver; authorizing
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 605   (2024)
        Amendment No. 1


262     discounting or giving the excess wear and use waiver at no
263     charge under certain circumstances; requiring certain
264     disclosures for a lease agreement that includes an excess wear
265     and use waiver; providing construction; providing an effective
266     date.




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                                   Page 12 of 12
CS/HB 1245
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1245 Veterinary Professional Associates
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Killebrew and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1038

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

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

  2) Commerce Committee                                                               Phelps             Hamon


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

Currently, there are approximately 13,000 veterinarians in the state of Florida. Some estimates indicate that 70
percent of Florida households own a pet, meaning that there may be at least five million pets in Florida. Many
experts believe there are not enough veterinarians to handle the growing pet population in the state.

A veterinary professional health care provider, which is a similar position to the human medical profession's
physician assistant (PA), is not currently authorized in the veterinary practice act.

The bill creates the title “veterinary professional associate” and allows such individuals who have obtained this
title, working under the supervision of a veterinarian, to practice veterinary medicine on a limited basis, as
follows:
      Allows the title "veterinary professional associate" to be used only by an individual who has
         successfully completed an approved program.
      Unless otherwise prohibited by federal or state law, authorizes a veterinary professional associate to
         practice veterinary medicine, while working under the supervision of a Florida licensed veterinarian.
      Prohibits a veterinary professional associate from:
             o Prescribing medicinal drugs or controlled substances.
             o Except for sterilizations or dental surgeries, performing a surgical procedure.
      Makes supervising veterinarians using a veterinary professional associate liable for any acts or
         omissions of the veterinary professional associate acting under the veterinarian's supervision and
         control.

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




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/13/2024
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

       A. EFFECT OF PROPOSED CHANGES:
           Current Situation

           Practice of Veterinary Medicine

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

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

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

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

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


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

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

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

allow practical experience with patients. See also https://www.merriam -webster.com/dictionary/preceptor#medicalDictionary (last visited
Jan. 16, 2024).
7 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor of

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

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

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

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

         For Fiscal Year 2022-2023, there were 13,285 actively licensed veterinarians in Florida. DBPR
         received 484 complaints, which resulted in 16 disciplinary actions.14

         Immediate Supervision

         The practice act defines “immediate supervision” to mean that a “licensed doctor of veterinary medicine
         is on the premises whenever veterinary services are being provided.” 15

         Veterinary tasks requiring immediate supervision include: 16
             Administering anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician,
                intern, or other employee of a licensed veterinarian.
             Administering certain vaccinations by a veterinary aide, nurse, technician, intern or other
                employee of a licensed veterinarian which is not specifically prohibited.

         The following tasks may be performed without the licensed veterinarian on the premises: 17
             Administering medication and treatment, excluding vaccinations, as directed by the licensed
                 veterinarian; and
             Obtaining samples and the performance of those diagnostic tests, including radiographs,
                 directed by the licensed veterinarian.

         Veterinarian Shortage


9 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations,

business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof ....”
10 See s. 474.203, F.S.
11 S. 474.215(1), F.S.
12 S. 474.216, F.S.
13 S. 474.2185, F.S.
14 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2022-2023,

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2022 -23.pdf (last visited Jan. 16, 2024).
15 S. 4764.202(5), F.S.
16 R. 61G18-17.005, F.A.C.
17 Id.

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         According to a survey conducted by the American Pet Products Association (APPA), 70 percent of U.S.
         households, or about 90.5 million families, own a pet. This is an increase from 56 percent of U.S.
         households in 1988, and 67 percent in 2019.18 As a result, experts say there is a shortage of
         veterinarians in the U.S., which is expected to result in the need for approximately 15,000 veterinarians
         by the year 2030.19 A study from Banfield Pet Hospital reveals an estimated 75 million pets in the U.S.
         may not have access to the veterinary care they need by 2030, with an important factor being a critical
         shortage of veterinarians.20

         The University of Florida’s Dean of the College of Veterinary Medicine, Dana Zimmel, has indicated
         that there is a shortage of veterinarians in Florida, which in addition to pets has “1.7 million beef cattle
         and dairy cows, more horses than Kentucky and an alarming decline of manatee.” The state’s only
         veterinary medical college, the University of Florida, also reports that due to limited capacity, it must
         turn away 1,500 qualified candidates a year.21

         According to the American Veterinary Medical Association (AVMA), “conditions have pushed the idea
         of a midlevel practitioner to the fore as veterinary practices have struggled to meet service demands.
         This issue has been compounded by continued inefficiencies in practices as pandemic disruptions
         persist and client expectations for availability and convenience. Inflation has also increased costs for
         labor and for products such as medical equipment and medications, creating additional concern around
         clients’ ability to afford needed care. Additionally, retention of veterinary practice staff members and
         attrition from the profession are ongoing and increasing concerns.”22 The AVMA found that a midlevel
         practitioner may not be the best option to address these concerns, and that “time and effort should be
         spent on resources, tools, and programs designed to retain veterinarians and credentialed veterinary
         technicians; further develop veterinary technician specialties; help veterinary practices operate at
         optimum efficiency; and effectively collaborate—within practice teams and across the profession—to
         meet clients’ needs for high-quality veterinary services.”23

         However, according to a study conducted by the National Library of Medicine, “the projected shortage
         of veterinarians has created a need to explore alternatives designed to meet society's future demands.
         A veterinary professional health care provider, similar to the human medical profession's physician
         assistant (PA), is one such alternative. It is suggested that perhaps veterinary professional associates,
         modeled after PAs, could be employed to handle routine veterinary care and thereby allow
         veterinarians additional time to focus on the more demanding and challenging aspects of veterinary
         medicine. Perhaps a team approach, similar to the physician/PA team, could help the field of veterinary
         medicine to better serve both clients and patients. As veterinary medicine directs its attention toward
         the new challenges on the horizon, creative solutions will be needed. Perhaps some variation of a
         veterinary professional associate is worthy of future discussion.” 24

         Human PAs




18
   Insurance Information Institute, Facts + Statistics: Pet Ownership and Insurance, https://www.iii.org/fact-statistic/facts-statistics-pet-
ownership-and-insurance#:~:text=Seventy%20percent%20of%20U.S.%20households,and%2067%20percent%20in%202019 . (last
visited Jan. 16, 2024).
19 Spectrum News 13, Mob ile ‘ElleVet’ clinic helps relieve veterinarian shortage,

https://www.mynews13.com/fl/orlando/news/2023/02/03/the-ellevet-project-
#:~:text=%E2%80%94%20Experts%20say%20there's%20a%20shortage,States%20may%20not%20get%20care . (last visited Jan. 16,
2024).
20 Banfield Pet Hospital, 75 million pets may not have access to veterinary care b y 2030, New Banfield® study finds,

https://www.banfield.com/en/about-banfield/newsroom/press-releases/2020/75-million-pets-may-not-have-access-to-veterinary (last
visited Jan. 16, 2024).
21 Dana Zimmel, Florida needs more veterinarians | Column, Tampa Bay Times (Jan. 3, 2022),

https://www.tampabay.com/opinion/2022/01/03/florida-needs-more-veterinarians-column/ (last visited Jan. 21, 2024).
22 American Veterinary Medical Association, AVMA News, Idea of midlevel practitioner rejected in favor of b etter support, engagement

of credentialed veterinary technicians (Jan. 10, 2023), https://www.avma.org/news/idea-midlevel-practitioner-rejected-favor-better-
support-engagement-credentialed-veterinary (last visited Jan. 16, 2024).
23 Id.
24 Lori Kogan, Sherry Stewart, Veterinary professional associates: does the profession's foresight include a mid-tier professional similar

to physician assistants?, National Library of Medicine (2009), https://pubmed.ncbi.nlm.nih.gov/19625672/ (last visited Jan. 16, 2024).
STORAGE NAME: h1245b.COM                                                                                                             PAGE: 4
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         According to the Mayo Clinic, PAs are “licensed medical professionals who hold an advanced degree
         and are able to provide direct patient care. They work with patients of all ages in virtually all specialty
         and primary care areas, diagnosing and treating common illnesses and working with minor procedures.
         With an increasing shortage of health care providers, PAs are a critical part of today’s team-based
         approach to health care. They increase access to quality health care for many populations and
         communities. The specific duties of a PA are determined by their supervising physician and state law,
         but they provide many of the same services as a primary care physician. They practice in every state
         and in a wide variety of clinical settings and specialties.”25

         In Florida, PAs are licensed medical professionals that are authorized to perform services delegated by
         a supervising physician.26 PAs are regulated by the Florida Council on Physician Assistants (Council) in
         conjunction with either the Board of Medicine for PAs licensed under ch. 458, F.S., or the Board of
         Osteopathic Medicine for PAs licensed under ch. 459, F.S. During fiscal year 2022-2023, there were
         11,504 actively licensed PAs in the state, and 1,471 initial PA licenses were issued by the Florida
         Department of Health.27

        Effect of the Bill

        The bill creates the title “veterinary professional associate” and allows individuals working under the
        supervision of a veterinarian to practice veterinary medicine on a limited basis, as follows:

                Provides the following legislative findings:

                          the practice in this state of veterinary professional associates, with their
                          education, training, and experience in the field of veterinary medicine, will
                          provide increased efficiency of and access to high-quality veterinary
                          medical services at a reasonable cost to consumers.

                Defines the following terms:

                      o   "Approved program" means a master's program in veterinary clinical care, or the
                          equivalent, in the United States or in its territories or possessions from an accredited
                          school of veterinary medicine.
                      o "Supervision" means responsible supervision and control, and, except in cases of
                          emergency, requires the easy availability or physical presence of a licensed veterinarian
                          for consultation and direction of the actions of a veterinary professional associate. For
                          the purposes of this paragraph, the term "easy availability" includes the ability to
                          communicate by way of telecommunication.
                      o "Veterinary professional associate" means a person who has earned a master's degree
                          from an approved program or who meets standards approved by the Board and is
                          authorized to perform veterinary medical services delegated by a supervising
                          veterinarian.
                Allows the title "veterinary professional associate" to be used only by an individual who has
                 successfully completed an approved program.
                Unless otherwise prohibited by federal or state law, authorizes a veterinary professional
                 associate to perform duties or actions, including those identified in s. 474.202(9) and (13), F.S.,
                 (practice of veterinary medicine) in which he or she is competent and has the necessary
                 training, current knowledge, and experience to perform, as assigned by a veterinarian licensed
                 in this state while working under the supervision of that veterinarian.
                Prohibits a veterinary professional associate from:


25 Mayo Clinic College of Medicine and Science, Physician Assistant, https://college.mayo.edu/academics/explore-health-care-

careers/careers-a-z/physician-assistant/ (last visited Jan. 16, 2024).
26 Ss. 458.347(2)(e) and 459.022(2)(e).
27 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long -Range Plan, Fiscal Year 2022-2023,

https://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/MQAAnnualReport2022-2023.pdf (last visited Jan. 16,
2024).
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                    o  Prescribing medicinal drugs or drugs as defined in s. 465.003(15) or a controlled
                       substance listed in s. 893.03.
                   o Except for veterinary sterilizations or veterinary dental surgeries, performing a surgical
                       procedure.
              Makes each supervising veterinarian using a veterinary professional associate liable for any
               acts or omissions of the veterinary professional associate acting under the veterinarian's
               supervision and control.


   B. SECTION DIRECTORY:
       Section 1:       Creates the title, “Veterinary Workforce Innovation Act.”

       Section 2:       Creates s. 474.2126, F.S., relating to veterinary professional associate.

       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:
           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       See Fiscal Comments.

   D. FISCAL COMMENTS:
       The bill may reduce the amount of rabies cases and other animal diseases, infections, and illnesses in
       the state, the associated risks to the health of humans and animals, and related expenses to the public
       and private sector.


                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
         None.
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   B. RULE-MAKING AUTHORITY:
       The bill does not appear to create a need for rulemaking or rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On February 1, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an
   amendment and reported the bill favorably as a committee substitute. The amendment:
      Made a grammatical change.

   This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
   Development Subcommittee.




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




           CS/HB 1245                                                                                           2024




    1                                          A bill to be entitled
    2              An act relating to veterinary professional associates;
    3              providing a short title; creating s. 474.2126, F.S.;
    4              providing legislative findings; defining terms;
    5              authorizing certain individuals to use the title
    6              "veterinary professional associate"; authorizing such
    7              associates to perform certain duties and actions;
    8              prohibiting such associates from prescribing certain
    9              drugs or controlled substances or performing surgi cal
10                 procedures; providing exceptions; providing that
11                 veterinarians are liable for the acts or omissions of
12                 veterinary professional associates under their
13                 supervision and control; providing an effective date.
14
15         Be It Enacted by the Legislature of the State of Florida:
16
17                 Section 1.           This act may be cited as the "Veterinary
18         Workforce Innovation Act."
19                 Section 2.          Section 474.2126, Florida Statutes, is created
20         to read:
21                 474.2126           Veterinary professional associate.—
22                 (1)         The Legislature finds that the practice in this state
23         of veterinary professional associates, with their education,
24         training, and experience in the field of veterinary medicine,
25         will provide increased efficiency of and access to high -quality

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
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        CS/HB 1245                                                                                           2024




26      veterinary medical services at a reasonable cost to consumers.
27              (2)         As used in this section, the term:
28              (a)         "Approved program" means a master's program in
29      veterinary clinical care, or the equivalent, in the United
30      States or in its territories or possessions from an accredited
31      school of veterinary medicine.
32              (b)         "Supervision" means responsible supervision and
33      control, and, except in cases of emergency, requires the easy
34      availability or physical presence of a licensed veterinarian for
35      consultation and direction of the actions of a veterinary
36      professional associate. For the purposes of this paragraph, the
37      term "easy availability" includes the ability to communicate by
38      way of telecommunication.
39              (c)         "Veterinary professional associate" means a person who
40      has earned a master's degree from an approved program or who
41      meets standards approved by the board and is authorized to
42      perform veterinary medical services delegated by a supervising
43      veterinarian.
44              (3)         The title "veterinary professional associate" may be
45      used only by an individual who has successfully completed an
46      approved program.
47              (4)         Unless otherwise prohibited by federal or state law, a
48      veterinary professional associate may perform duties or actions,
49      including those identified in s. 474.202(9) and (13), in which
50      he or she is competent and has the necessary training, current

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        CS/HB 1245                                                                                           2024




51      knowledge, and experience to perform, as assigned by a
52      veterinarian licensed in this state while working under the
53      supervision of that veterinarian. A veterinary professional
54      associate may not do either of the following:
55              (a)         Prescribe medicinal drugs or drugs as defined in s.
56      465.003(15) or a controlled substance listed in s. 893.03.
57              (b)         Except for veterinary sterilizations or veterinary
58      dental surgeries, perform a surgical procedure.
59              (5)         Each veterinarian that is supervising a veterinary
60      professional associate is liable for any acts or omissions of
61      the veterinary professional associate acting under the
62      veterinarian's supervision and control.
63              Section 3.         This act shall take effect July 1, 2024.




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                                                                                                         hb1245-01-c1
CS/CS/HB 1277
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 1277 Municipal Utilities
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Energy,
Communications & Cybersecurity Subcommittee, Busatta Cabrera
TIED BILLS:        IDEN./SIM. BILLS: SB 1510

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                   13 Y, 2 N, As CS        Bauldree           Keating
       Subcommittee

    2) Local Administration, Federal Affairs & Special          11 Y, 4 N, As CS        Burgess            Darden
       Districts Subcommittee

    3) Commerce Committee                                                               Bauldree           Hamon


                                               SUMMARY ANALYSIS
Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may provide utilities to citizens and entities within the municipality’s
corporate boundaries and, by agreement, in unincorporated areas and in other municipalities.
Many municipalities own and operate electric and natural gas utilities. Municipalities are also authorized by
general law to provide water and sewer utility services. A municipality that operates a water or sewer utility
outside of its municipal boundaries may impose higher rates, fees, and charges on consumers receiving
service outside of its corporate boundaries as compared to the rates, fees, and charges imposed on
consumers within its boundaries. Municipalities routinely transfer a portion of their utility earnings to their
general funds for non-utility purposes, though the amounts and percentages vary widely among municipalities.
Under the bill, a municipality that intends to offer utility service under a new, extended, renewed, or materially
amended agreement must, in conjunction with the local government of the area to be served, conduct a public
meeting within the area to be served. The bill also requires municipalities that provide such service to conduct
an annual customer meeting in the areas served outside the municipal boundaries. The bill limits the portion of
municipal utility revenues earned from service provided outside the municipal boundaries that may be used to
fund or finance the municipality’s non-utility related general government functions. The bill requires each
municipality which provides utility service outside of its municipal boundaries to report annually certain
information to the Florida Public Service Commission (PSC) for each type of utility service it provides and
requires the PSC to compile and report this data to the Legislature and the Governor.
The bill limits the rates, fees, and charges that a municipal water or sewer utility may impose on consumers
outside its boundaries to no more than 25 percent above the total amount the municipal water or sewer utility
charges consumers within the municipal boundaries, provided rates for outside consumers are set in a public
hearing using the same methods as rates for other consumers. The bill prohibits a municipal water or sewer
utility that serves consumers within the boundaries of a separate municipality, using a water treatment plant or
sewer treatment plant located within the boundaries of that separate municipality, from imposing rates, fees,
and charges higher than those imposed on consumers inside its own municipal boundaries.
The bill does not impact state government revenues or state or local government expenditures. The bill may
have a negative fiscal impact on certain local revenues. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2025.
This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1277d.COM
DATE: 2/13/2024
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Local Government Utility Services

        Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate,
        and proprietary powers to enable them to conduct municipal government, perform municipal functions,
        and render municipal services. Municipalities may exercise any power for municipal purposes, except
        when expressly prohibited by law.1 The legislative body of each municipality has the power to enact
        legislation on any subject upon which the state Legislature may act with certain exceptions.2 Under
        their home rule power and as otherwise provided or limited by law or agreement, municipalities may
        provide utilities to citizens and entities within the municipality’s corporate boundaries, in unincorporated
        areas, and even in other municipalities.

        Many municipalities own and operate electric utilities and natural gas utilities and govern the operation
        of those utilities through ordinance, code, or policies. Currently, there are 33 municipal electric utilities
        in the state.3 Municipal electric and natural gas utility rates are not directly regulated by the Florida
        Public Service Commission (PSC), however, the PSC does have jurisdiction over municipal electric
        utilities for matters related to rate structure, power plant transmission line site certification, general
        reporting jurisdiction, service territory and territory disputes, energy efficiency reporting, ten-year site
        plans, reporting on system hardening and resiliency, reporting on net metering, audits related to
        regulatory assessment fees, monitoring renewable energy, reporting on facilities inspection and
        vegetation management, and grid bill jurisdiction.4

        Municipalities are authorized by general law to provide water and sewer utility services. 5 With respect
        to public works projects, including water and sewer utility services, 6 municipalities may extend and
        execute their corporate powers outside of their corporate limits as “desirable or necessary for the
        promotion of the public health, safety and welfare.”7 A municipality may not extend or apply these
        corporate powers within the corporate limits of another municipality.8 In general, however, local
        governments may enter into mutually advantageous agreements to provide services or facilities to
        other localities. 9 Further, the law specifically authorizes a municipality to permit any other municipality
        and the owners of lands outside its corporate limits or within the limits of another municipality to
        connect with its water and sewer utility facilities and use its services upon agreed terms and


1 Section 166.021(2),   F.S., provides that any activity or power which may be exercised by the state or its political
subdivisions is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation,

merger, and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited
by the constitution; any subject expressly preempted to state or county government by the constitution or by general law;
and any subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 2, available at

https://www.myfloridahouse.gov/Sections/Documents/publications.aspx?CommitteeId= 3226&PublicationType=Committee
s&DocumentType=Meeting%20Packets&SessionId=99 (last visited Jan. 16, 2024)
4 Id. at slide 3.
5 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection

and disposal of sewage, including wastewater reuse, and other liquid wastes; ” and “construct reservoirs, sewerage
systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems,
purification works, collection systems, treatment and disposal works ” to accomplish these purposes.
6 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water

flow and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, ga s
plants and distribution systems, and related facilities.
7 S. 180.02(2), F.S.
8 Id.
9 See s. 163.01, F.S.
STORAGE NAME: h1277d.COM                                                                                                PAGE: 2
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        conditions.10 An informal study conducted in 2014 indicated that approximately 250 municipalities
        provide water service and approximately 220 municipalities provide wastewater service. Of these
        municipalities, the study found that approximately 140 provide water and/or waste water services to
        customers outside of their municipal boundaries, which may include customers in unincorporated areas
        of counties or in other municipalities.11 These utility systems are exempt from PSC jurisdiction.

        A municipality that operates a water or sewer utility outside of its municipal boundaries may impose
        higher rates, fees, and charges on consumers receiving service outside of its corporate boundaries as
        compared to the rates, fees, and charges imposed on consumers within its boundaries. The
        municipality can accomplish this in two ways:

                First, for consumers outside of its boundaries, it may add a surcharge of up to 25 percent of the
                 rates, fees, and charges imposed on consumers within its boundaries. This mechanism does
                 not require a public hearing.12
                Second, it may set separate rates, fees, and charges for consumers outside its boundaries
                 based on the same factors used to set rates for consumers within its boundaries. It may add a
                 surcharge of up to 25 percent of these charges, provided that the total of all such rates, fees,
                 and charges for service to consumers outside its boundaries may not exceed the total charges
                 to consumers within its boundaries by more than 50 percent for corresponding service. Rates
                 set in this manner require a public hearing at which all users served or to be served by the
                 water or sewer utilities and all other interested persons will have an opportunity to be heard
                 concerning the proposed rates.13

        There is no central repository for information concerning municipal water or sewer service rates that
        identifies municipalities that impose higher rates on consumers outside of the municipal boundaries, the
        specific mechanism used by such municipalities to establish such rates, or the level of any additional
        charge or surcharge imposed.

        Most municipal utility systems are governed by the municipality’s governing body (i.e., the city
        commission). Six municipal electric utility systems in Florida are governed by separate utility boards, or
        “authorities,” which are typically appointed by the municipality’s governing body.14 These utility
        authorities vary in structure, though the charter documents for each generally address the powers and
        duties of the authority (including terms related to rate-setting, financing, acquisitions, and eminent
        domain), the selection process for authority members (including qualifications and terms of office), the
        management and personnel of the authority, the transfer of revenues from utility operations to the
        municipality, and the degree of continuing oversight by the municipal governing body.

        Current law authorizes municipalities to raise amounts of money which are necessary for the conduct of
        the municipal government. A municipality may do so by taxation and licenses authorized by Florida’s
        constitution or general law, or by user charges or fees authorized by ordinance. 15 Municipalities
        routinely transfer a portion of their utility earnings to their general funds for non-utility purposes, though
        the amounts and percentages may vary widely among municipalities.16 These transfers may be limited
        in some circumstances by ordinance, but they are not governed by state law.

        Effect of the Bill

        Under the bill, a municipality that intends to offer retail electric, natural gas, water, or sewer utility
        service in another municipality or unincorporated area outside of the municipality’s boundaries must

10 S. 180.19, F.S.
11 Analysis of House Bill 813 (2014), Florida House of Representatives.
12 S. 180.191(1)(a), F.S.
13 S. 180.191(1)(b), F.S.
14 The Keys Energy Services Utility Board is the only utility authority in the state with elected board members. Key West

has an elected board, with 2 of the 5 members from outside the city limits. Presentation on Florida Public Power, Florida
Municipal Electric Association supra n. 3, slide 8.
15 S. 166.201, F.S.
16 Presentation on Florida Public Power, Florida Municipal Electric Association supra n. 3, slide 6.
STORAGE NAME: h1277d.COM                                                                                            PAGE: 3
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         hold a public meeting in conjunction with the governing body of each municipality or unincorporated
         area to be served before a new agreement to provide such service, or a renewal, extension, or material
         amendment of an existing agreement, may take effect. The public meeting must be held within each
         municipality and unincorporated area to be served for the purpose of providing information and
         soliciting public input on:
              The nature of the service to be provided or changes to the service being provided;
              The rates, fees, and charges to be imposed for the services provided or intended to be
                  provided, including any differential with the rates, fees, and charges imposed for the same
                  service on customers located within the boundaries of the serving municipality, the basis for the
                  differential, and the length of time that the differential is expected to exist;
              The extent to which revenues generated from the provision of the service will be used to fund or
                  finance non-utility government functions or services; and
              Any other matters deemed relevant by the parties to the agreement.

         Further, the bill requires that a new agreement to provide these utility services beyond a municipality’s
         boundaries, or an extension, renewal, or material amendment to an existing agreement, must be in
         writing. Under the bill, any agreement to provide water or sewer utility service must comply with the
         other provisions of the bill limiting rates charged to consumers outside city limits when providing such
         services.

         The bill requires that an appointed representative17 of each municipality providing utility service in
         another municipality or unincorporated area outside of the municipality’s boundaries must conduct an
         annual customer meeting in conjunction with the governing body of each municipality and
         unincorporated area in which it provides service. The purpose of this meeting is to receive public input
         on utility-related matters, including rates and service. The bill provides this meeting does not need to be
         a separate public meeting conducted specifically for this purpose.

         Under the bill, a municipality may not transfer more than 10 percent of the gross revenues it generates
         from electric, natural gas, water, or sewer service provided to consumers outside its municipal
         boundaries to fund or finance non-utility governmental functions. Further, the bill requires that the
         revenues remaining after a transfer must be reinvested into the municipal utility or returned to
         customers living beyond the municipality’s corporate limits.

         The bill requires that by November 1, 2024, and annually thereafter, each municipality which provides
         utility service outside its municipal boundaries report to the PSC, for each type of utility service it
         provides outside of municipal boundaries, the following information:
                The number and percentage of customers that receive utility service provided by the
                  municipality at a location outside the boundaries of the municipality;
                The volume and percentage of sales made to such customers, and the gross revenues
                  generated from such sales; and
                Whether the rates, fees, and charges imposed on customers that receive service at a location
                  outside the municipality's boundaries are different than the rates, fees, and charges imposed on
                  customers within the boundaries of the municipality, and, if so, the amount and percentage of
                  the differential.

         The bill requires the PSC to compile this information and report it to the Speaker of the House of
         Representatives, the Senate President, and the Governor by January 31, 2025, and annually
         thereafter. The bill provides that it does not modify or extend the authority of the PSC otherwise
         provided by law with respect to any municipal utility that must report this information.

         The bill removes the provision from current law allowing water or sewer utilities to add, for consumers
         outside of its boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on
         consumers within its boundaries without a public meeting. Furthermore, the bill changes the limit on the

17 The appointed representative must be an executive-level leadership employee of the municipality, or the municipality’s utility

authority, board, or commission, specifically appointed by the governing body of the municipality to serve as its representat ive for the
purpose of the meeting.
STORAGE NAME: h1277d.COM                                                                                                            PAGE: 4
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       rates, fees, and charges such utilities can impose on customers outside of municipal boundaries to no
       more than 25 percent above the total amount the municipal water or sewer utility charges customers
       within the municipal boundaries, provided rates for outside customers are set in a public hearing using
       the same methods as rates for other customers.

       The bill limits the rates, fees, and charges that a municipal water or sewer utility that provides service to
       consumers within the boundaries of a separate municipality, using a water treatment plant or sewer
       treatment plant located within the boundaries of that separate municipality, by requiring that such
       charges are no more than the rates, fees, and charges imposed on consumers inside its own municipal
       boundaries.

       The bill provides an effective date of July 1, 2025.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 180.19, F.S., relating to use by other municipalities and by individuals outside
       corporate limits.

       Section 2: Amends s. 180.191, F.S., relating to limitation on rates charged consumer outside city limits.

       Section 3: Provides an effective date of July 1, 2025.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill will likely have a negative fiscal impact on some local governments which own and operate
           water or wastewater utilities, as it reduces the maximum amount that municipal water and sewer
           utilities can charge customers outside the municipal boundaries.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may result in cost savings to municipal water and sewer utility customers located outside of
       municipal boundaries. A municipal water or sewer utility may increase rates for other customers to
       mitigate revenue impacts.

   D. FISCAL COMMENTS:
       None.




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                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
           The county/municipality mandates provision of Art. VII, section 18(b), of the Florida Constitution may
           apply because this bill reduces the maximum amount that municipal water and sewer utilities can
           charge customers outside the municipal boundaries. If the bill does qualify as a mandate, final
           passage must be approved by two-thirds of the membership of each house of the Legislature.

       2. Other:
           None.

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

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On January 19, 2024, the Energy, Communications & Cybersecurity Subcommittee adopted a strike-all
   amendment and reported the bill favorably as a committee substitute. The amendment:
       Provided that a new, extended, renewed, or materially amended agreement for the provision of
         municipal utility service at retail to customers located in another municipality or in an unincorporated
         area must be written and may not become effective before a public meeting is held in the service
         area for the purpose of providing certain information and soliciting public input on matters related to
         the agreement.
       Required annual customer meetings to be held in such service areas for the purpose of soliciting
         public input on utility-related matters.
       Required that these meetings be held in conjunction with specified governing bodies for the areas in
         which service is provided.
       Provided that a municipality that generates revenue from the provision of utility service to customers
         located in another municipality or in an unincorporated area may not use more than 10 percent of
         the gross revenues generated from such services to fund or finance general government functions.
       Removed provisions of the bill that limited transfers from municipal utility revenues based on rates
         of return on equity approved by the Public Service Commission for investor-owned utilities and
         based on the proportion of customers served beyond municipal boundaries.
       Required annual data reporting regarding the provision of municipal utility service to customers
         located in another municipality or in an unincorporated area.
       Retained provisions of the bill that reduce the maximum rate differential between municipal water
         and sewer utility customers located within and outside the municipal boundaries.
       Retained provisions of the bill that prohibit the imposition of a surcharge on customers located in
         certain other municipalities.

   On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
   an amendment and reported the bill favorably as a committee substitute. The amendment differs from the
   bill as filed in that it:

           Specified that required customer meetings are not required to be a separate public meeting.
           Clarified that a municipality must be represented at a customer meeting by an appointed
            representative, who must be an executive-level leadership employee of the municipality or the
            municipality's utility authority, board, or commission.



STORAGE NAME: h1277d.COM                                                                                   PAGE: 6
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          Required excess revenue, once costs are paid to fund or finance general government functions, to
           be reinvested into the municipal utility or returned to customers living beyond the municipality’s
           corporate limits.

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




STORAGE NAME: h1277d.COM                                                                                 PAGE: 7
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           CS/CS/HB 1277                                                                                        2024




    1                                         A bill to be entitled
    2              An act relating to municipal utilities; amending s.
    3              180.19, F.S.; requiring certain public meetings as a
    4              condition precedent to the effectiveness of a new or
    5              extended agreement under which a municipality will
    6              provide specified utility services in other
    7              municipalities or unincorporated areas; specifying the
    8              matters to be addressed in such public meetings;
    9              requiring such agreements to be written; requiring
10                 annual public customer meetings; defining the terms
11                 "appointed representative" and "governing body" for
12                 specified purposes; limiting the portion of certain
13                 utility revenues that a municipality may use to fund
14                 or finance general government functions; requiring
15                 excess revenues to be reinvested into the municipal
16                 utility or returned to customers; requiring
17                 municipalities that provide specified utility services
18                 to report certain information by a specified date to
19                 the Public Service Commission on an annual basis;
20                 requiring the commission to compile certain
21                 information and submit a report containing such
22                 information to the Governor and the Legislature by a
23                 specified date; providing construction; amending s.
24                 180.191, F.S.; revising provisions relating to
25                 permissible rates, fees, and charges imposed by

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        CS/CS/HB 1277                                                                                        2024




26              municipal water and sewer utilities on customers
27              located outside the municipal boundaries; providing an
28              effective date.
29
30      Be It Enacted by the Legislature of the State of Florida:
31
32              Section 1.         Section 180.19, Florida Statutes, is amended to
33      read:
34              180.19        Use by other municipalities and by individuals
35      outside corporate limits.—
36              (1)         A municipality which constructs any works as are
37      authorized by this chapter, may permit any other municipality
38      and the owners or association of owners of lots or lands outside
39      of its corporate limits or within the limits of any other
40      municipality, to connect with or use the utilities mentioned in
41      this chapter upon such terms and conditions as may be agreed
42      between such municipalities, and the owners or association of
43      owners of such outside lots or lands.
44              (2)         Any private company or corporation organized to
45      accomplish the purposes set forth in this chapter, which has
46      been granted a privilege or franchise by a municipality, may
47      permit the owners or association of owners of lots or lands
48      outside of the boundaries of said municipality granti ng said
49      privilege or franchise, or other municipality, to connect with
50      and use the utility operated by the said private company or

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        CS/CS/HB 1277                                                                                        2024




51      corporation upon such terms as may be agreed between the said
52      private company or corporation and the owners or association of
53      owners of said lots or lands or the said municipality.
54              (3)(a)       A new agreement, or an extension, renewal, or
55      material amendment of an existing agreement, to provide
56      electric, natural gas, water, or sewer utility service at retail
57      pursuant to subsection (1) must be written and may not become
58      effective before an appointed representative of the municipality
59      that provides service or intends to provide the service, in
60      conjunction with the governing body of each municipality and
61      unincorporated area served or to be served, has participated in
62      a public meeting, which is not required to be a separate public
63      meeting, within each municipality and unincorporated area served
64      or to be served for purposes of providing information and
65      soliciting public input on:
66              1.      The nature of the service to be provided or changes to
67      the service being provided;
68              2.      The rates, fees, and charges to be imposed for the
69      services provided or intended to be provided, including any
70      differential with the rates, fees, and charges imposed for th e
71      same service on customers located within the boundaries of the
72      serving municipality, the basis for the differential, and the
73      length of time that the differential is expected to exist;
74              3.      The extent to which revenues generated from the
75      provision of the service will be used to fund or finance non-

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         CS/CS/HB 1277                                                                                        2024




 76      utility government functions or services; and
 77              4.      Any other matters deemed relevant by the parties to the
 78      agreement.
 79              (b)         Rates, fees, and charges imposed for water or sewer
 80      utility service provided pursuant to subsection (1) shall comply
 81      with s. 180.191.
 82              (c)         A representative of each municipality that provides
 83      electric, natural gas, water, or sewer utility service pursuant
 84      to subsection (1), in conjunction with the governing body of
 85      each municipality and unincorporated area in which it provides
 86      service, must annually conduct a public customer meeting, which
 87      is not required to be a separate public meeting, within each
 88      such municipality and unincorporated area for purposes of
 89      soliciting public input on utility-related matters, including
 90      rates and service.
 91              (d)         For purposes of this subsection, the term:
 92              1.      "Appointed representative" means an executive level
 93      leadership employee of a municipality, or such municipality's
 94      related and separate utility authority, board, or commission,
 95      specifically appointed by the governing body to serve as its
 96      representative for purposes of this subsection.
 97              2.      "Governing body" means a:
 98              a.      Governing body of a municipality in which service is
 99      provided or proposed to be extended.
100              b.      Board of county commissioners of a county in which

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         CS/CS/HB 1277                                                                                        2024




101      service is provided or proposed to be extended, if service is
102      provided or will be extended in an unincorporated area within
103      the county.
104              (4)         A municipality that generates revenue from the
105      provision of electric, natural gas, water, or sewer utility
106      service to locations beyond its corporate limits may not use
107      more than 10 percent of the gross revenues generated from such
108      services to fund or finance general government functions. After
109      the transfer of such revenues to fund or finance general
110      government functions, if any revenues from such service remain
111      after payment of the municipal utility's costs to provide
112      service, these excess revenues must be reinvested into the
113      municipal utility or returned to customers who received service
114      at locations beyond the municipality's corporate limits.
115              (5)(a)        By November 1, 2024, and annually thereafter, each
116      municipality that provides electric, natural gas, water, or
117      sewer utility service pursuant to subsection (1) must provide a
118      report to the Florida Public Service Commission that identifies,
119      for each type of utility service provided by the municipality:
120              1.      The number and percentage of customers that receive
121      utility service provided by the municipality at a location
122      outside the boundaries of the municipality;
123              2.      The volume and percentage of sales made to such
124      customers, and the gross revenues generated from such sales; and
125              3.      Whether the rates, fees, and charges imposed on

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         CS/CS/HB 1277                                                                                        2024




126      customers that receive service at a location outside the
127      municipality's boundaries are different than the rates, fees,
128      and charges imposed on customers within the boundaries of the
129      municipality, and, if so, the amount and percentage of the
130      differential.
131              (b)         The commission shall compile the information provided
132      pursuant to paragraph (a) and submit a report containing this
133      information to the Governor, the President of the Senate, and
134      the Speaker of the House of Representatives by January 31, 2025,
135      and annually thereafter.
136              (c)         This subsection does not modify or extend the
137      authority of the commission otherwise provided by law with
138      respect to any municipal utility that is required to comply with
139      paragraph (a).
140              Section 2.         Subsection (1) of section 180.191, Florida
141      Statutes, is amended to read:
142              180.191        Limitation on rates charged consumer outside city
143      limits.—
144              (1)         Any municipality within the state operating a water or
145      sewer utility outside of the boundaries of such municipality
146      shall charge consumers outside the boundaries rates, fees, and
147      charges determined in one of the following manners:
148              (a)         It may charge the same rates, fees, and charges as
149      consumers inside the municipal boundaries. However, in addition
150      thereto, the municipality may add a surcharge of not more than

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         CS/CS/HB 1277                                                                                        2024




151      25 percent of such rates, fees, and charges to consumers outside
152      the boundaries. Fixing of such rates, fees, and charges in this
153      manner shall not require a public hearing except as may be
154      provided for service to consumers inside the municipality.
155              (b)1.       It may charge rates, fees, and charges that are just
156      and equitable and which are based on the same factors used in
157      fixing the rates, fees, and charges for consumers inside the
158      municipal boundaries. In addition thereto, the municipality may
159      add a surcharge not to exceed 25 percent of such rates, fees,
160      and charges for said services to consumers outside the
161      boundaries. However, the total of all Such rates, fees, and
162      charges for the services to consumers outside the boundaries may
163      shall not exceed 25 be more than 50 percent in excess of the
164      total amount the municipality charges consumers served within
165      the municipality for corresponding service. No such rates, fees,
166      and charges shall be fixed until after a public hearing at which
167      all of the users of the water or sewer systems; owners, tena nts,
168      or occupants of property served or to be served thereby; and all
169      others interested shall have an opportunity to be heard
170      concerning the proposed rates, fees, and charges. Any change or
171      revision of such rates, fees, or charges may be made in the same
172      manner as such rates, fees, or charges were originally
173      established, but if such change or revision is to be made
174      substantially pro rata as to all classes of service, both inside
175      and outside the municipality, no hearing or notice shall be

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         CS/CS/HB 1277                                                                                        2024




176      required.
177              2.      Any municipality within the state operating a water or
178      sewer utility that provides service to consumers within the
179      boundaries of a separate municipality through the use of a water
180      treatment plant or sewer treatment plant located within the
181      boundaries of that separate municipality may charge consumers in
182      the separate municipality no more than the rates, fees, and
183      charges imposed on consumers inside its own municipal
184      boundaries.
185              Section 3.         This act shall take effect July 1, 2025.




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                                                                                                          hb1277-02-c2
CS/HB 1335
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1335 Department of Business and Professional Regulation
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Maggard
TIED BILLS:       IDEN./SIM. BILLS: SB 1544

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                 12 Y, 2 N               Wright             Anstead
     Subcommittee

  2) State Administration & Technology                        13 Y, 0 N, As CS        Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Wright             Hamon


                                           SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating
various businesses and professions throughout the state, including tobacco; nicotine products ; alcohol; drugs,
devices, and cosmetics; construction contractors; asbestos abatement; pilots; elevators; employee leasing
companies; certified public accountants (CPAs); real estate; barbers; cosmetologists; and mobile homes.

The bill:
    Requires applicants and licensees for the following to create and maintain an online account for
        communication with DBPR:
            o Tobacco and nicotine product industry,
            o Alcohol industry,
            o CPAs and firms, and
            o Elevator industry.
    Increases the amount of the required surety bond that a tobacco product distributor must maintain with
        DBPR to $25,000, from $1,000.
    Allows DBPR to determine additional surety amounts or reduce surety amounts for tobacco products
        distributors based on certain factors.
    Dissolves and replaces with DBPR-run programs:
            o The Florida Mobile Home Relocation Corporation, and
            o The Board of Employee Leasing Companies.
    Increases caps on claims and lifetime limits for the Florida Homeowners’ Construction Recovery Fund.
    Removes an obsolete provision from the barber and cosmetology practice acts.
    Removes certain mentorship and eligibility requirements for pilots.
    Removes a time limit on using a real estate course completion for licensure.
    Removes certain financial responsibility proof requirements for asbestos abatement professionals.
    Allows local construction contractor licensing agencies to recommend restitution as a disciplinary
        action.
    Allows applicants to be a designated representative for certain pharmaceutical wholesalers to prove
        experience in two new ways.

The bill has a negative, indeterminate fiscal impact on state government and no impact on local governments.
See Fiscal Impact & Economic Impact Statement.

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




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1335d.COM
DATE: 2/13/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Department of Business and Professional Regulation

         The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
         various businesses and professionals in Florida through the following divisions:
             • The Division of Administration,
             • The Division of Alcoholic Beverages and Tobacco (ABT),
             • The Division of Certified Public Accounting (DCPA),
             • The Division of Drugs, Devices, and Cosmetics (DDC),
             • The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH),
             • The Division of Hotels and Restaurants (H&R),
             • The Division of Pari-mutuel Wagering,
             • The Division of Professions (Professions),
             • The Division of Real Estate (DRE),
             • The Division of Regulation,
             • The Division of Technology, and
             • The Division of Service Operations.1

         Professions licenses and regulates more than 434,000 professionals through the following professional
         boards and programs:
            • Board of Architecture and Interior Design,
            • Asbestos Licensing Unit,
            • Athlete Agents,
            • Board of Auctioneers,
            • Barbers’ Board,
            • Building Code Administrators and Inspectors Board,
            • Regulatory Council of Community Association Managers,
            • Construction Industry Licensing Board,
            • Board of Cosmetology,
            • Electrical Contractors’ Licensing Board,
            • Board of Employee Leasing Companies,
            • Home Inspectors,
            • Board of Landscape Architecture,
            • Mold-Related Services,
            • Board of Pilot Commissioners,
            • Board of Professional Geologists,
            • Talent Agencies,
            • Board of Veterinary Medicine, and
            • Florida Board of Professional Engineers.2

         DCPA is responsible for the regulation of certified public accountants and accounting firms in the state. 3

         DRE is responsible for the regulation of real estate sales associates, brokers, and appraisers, in
         conjunction with the Florida Real Estate Commission and the Florida Real Estate Appraisal Board. 4



1 S. 20.165, F.S.
2 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-

of-professions/ (last visited Jan. 21, 2024).
3 S. 473.3035, F.S.; Florida Department of Business and Professional Regulation, Certified Pub lic Accounting, Certified Public

Accounting – MyFloridaLicense.com (last visited Jan. 21, 2024).
4 S. 475.021, F.S.

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         The Division of Regulation is the enforcement authority for the Florida Athletic Commission, Farm Labor
         Program, Child Labor Program, and any professional boards and programs housed within Professions. 5
         To ensure compliance with applicable laws and rules by those professions and related businesses, the
         division investigates complaints, utilizes compliance mechanisms, and performs inspections. 6

         DDC protects the health, safety, and welfare of Floridians from adulterated, contaminated, and
         misbranded drugs, drug ingredients, and cosmetics by enforcing Part I of ch. 499, F.S., the Florida
         Drug and Cosmetic Act (FDCA).7 The Act conforms to United Stated Food and Drug Administration
         (FDA) drug laws and regulations and authorizes DBPR to issue permits to Florida drug manufacturers
         and wholesale distributors and register drugs manufactured, packaged, repackaged, labeled, or
         relabeled in Florida.8

         ABT regulates the manufacture, distribution, sale, and service of alcoholic beverages and tobacco
         products in Florida, including:
             receipt and processing of license applications;
             collection and auditing of taxes, surcharges, and fees paid by licensees; and
             enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco
                products.9

         FCTMH provides consumer protection for Florida residents living in regulated communities through
         education, complaint resolution, mediation and arbitration, and developer disclosure. 10 FCTMH has
         limited regulatory authority over the following business entities and individuals:11
              • Condominium Associations;
              • Cooperative Associations;
              • Florida Mobile Home Parks and related associations;
              • Vacation Units and Timeshares;
              • Yacht and Ship Brokers and related business entities; and
              • Homeowners’ Associations (jurisdiction is limited to arbitration of election and recall disputes).

         H&R licenses, inspects and regulates public lodging and food service establishments in Florida. The
         division also licenses and regulates elevators, escalators and other vertical conveyance devices. 12

         Tobacco and Nicotine Products – Current Situation

         ABT is responsible for the regulation of tobacco products under ch. 210, F.S., which sets out tax
         requirements specific to cigarettes and tobacco products, and ch. 569, F.S., which sets out
         requirements for tobacco sales.13

         A person, firm, association, or corporation must obtain a permit from ABT to function as any of the
         following in Florida:
               Retail tobacco products dealer,14
               Cigarette manufacturer,15
               Cigarette wholesale dealer,16

5 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
6 Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-

of-regulation/ (last visited Jan. 21, 2024).
7
  Florida Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics, available at
http://www.myfloridalicense.com/DBPR/drugs-devices-and-cosmetics/ (last visited Mar. 19, 2021).
8 S. 499.01, F.S.
9 Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,

http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited Mar. 19, 2021).
10 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mob ile Homes,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021).
11 Id.
12 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,

http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Mar. 19, 2021).
13 S. 561.02, F.S.
14 S. 569.003, F.S.
15 Ss. 210.01(21) and 210.15, F.S.

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                  Cigarette distributing agent,17
                  Cigarette importer,18
                  Cigarette exporter,19 or
                  Cigar wholesale dealer,20
                  Tobacco wholesale dealer/distributor,21 or
                  Retail nicotine products dealer.22

         “Cigarettes” are defined in s. 210.01(1), F.S., relating to state taxes on cigarettes, as “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.” This definition does not
         include cigars.

         “Tobacco products” are defined in s. 210.25(11), F.S., relating to state taxes on tobacco products other
         than cigarettes or cigars, 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.”

         “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.
         The term also includes any nicotine dispensing device. The term does not include a:
              Tobacco product.
              Product regulated as a drug or device by the FDA under Chapter V of the FDCA; or
              Product that contains incidental nicotine.23

         There is currently no requirement that a tobacco or nicotine products licensee must apply using or
         maintain an online account with ABT.

         Tobacco and Nicotine Product Online Account – Effect of the Bill

         The bill requires each person or entity licensed or permitted or applying for a cigarette, tobacco product,
         nicotine, or cigar license or permit within Florida to:
              Create and maintain an account with ABT's online system, and
              Provide an e-mail address to ABT to function as the primary means of contact for all
                 communication by ABT to the licensee, permittee, or applicant.
              maintaining accurate contact information on file with ABT.

         The bill also provides that:
             A person or an entity seeking such a license or permit must apply using forms furnished by ABT
                 which are filed through ABT's online system before commencing operations.
             ABT may not process an application for a license or permit unless the application is submitted
                 through ABT's online system.

         Surety Bond for Tobacco Product Distributor’s License – Current Situation

         Each application for a tobacco product distributor’s license must be accompanied by a corporate surety
         bond issued by a surety company authorized to do business in Florida, conditioned for the payment

16 Ss. 210.01(6) and 210.15(1), F.S.
17 Ss. 210.01(14) and 210.15(1), F.S.
18 Ss. 210.01(20) and 210.15(1), F.S.
19 Ss. 210.01(17) and 210.15(1), F.S.
20 S. 210.65(2), F.S.
2121 Ss. 210.25(5) and 210.40, F.S.
22 S. 569.31(6), F.S.
23 S. 569.31(4), F.S.

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         when due of all taxes, penalties, and accrued interest which may be due the state. The bond must be in
         the sum of $1,000 and in a form prescribed by ABT.

         Whenever ABT finds that the bond given by a licensee is inadequate to fully protect the state, ABT
         must require an additional bond in such amount as is deemed sufficient. A separate application for a
         license must be made for each place of business at which a distributor proposes to engage in business
         as a distributor, but an applicant may provide one bond in an amount determined by ABT for all
         applications made by the distributor.24

         Surety Bond for Tobacco Product Distributor’s License – Effect of the Bill

         The bill increases the amount of the required tobacco product distributor corporate surety bond to
         $25,000, from $1,000.

         The bill requires ABT to review the amount of the corporate surety bond on a semiannual basis to
         ensure that the bond amount is adequate to protect the state. ABT may increase the corporate surety
         bond amount before renewing a distributor's license or after completing its semiannual review of the
         bond amount. The corporate surety bond amount may be increased to the sum of the distributor's
         highest month of final audited tax liabilities, penalties, and accrued interest which are due to the state.

         The bill requires that a corporate surety bond, with the sum determined by ABT, is required for renewal
         of a distributor's license.

         The bill allows ABT to prescribe by rule increases in the corporate surety bond amounts required as a
         condition of licensure.

         The bill allows ABT to reduce the amount of a corporate surety bond upon a distributor's showing of
         good cause. In determining the amount of the surety bond:
             "Good cause" means a consistent pattern of responsible financial behavior by the distributor
                 over a period of at least the preceding 4 years, and having the sum of the distributor's final
                 audited tax liabilities, penalties, and interest be less than the amount of the distributor's
                 corporate surety bond for every month for a period of at least the preceding 4 years.
             "Responsible financial behavior" includes the timely and complete reporting and payment of all
                 tax liabilities, penalties, and accrued interest due to the state for a period of at least the
                 preceding 4 years.

         The bill prohibits ABT from reducing a corporate surety bond amount when a licensee:
             Is in default of any tax liabilities, penalties, or interest due to the state;
             Is the subject of a pending criminal prosecution in any jurisdiction until such prosecution has
                 been fully resolved;
             Has pending administrative charges brought by an authorized regulatory body or agency which
                 have not been fully resolved in accordance with applicable rules and procedures; or
             Is under investigation by any administrative body or agency for potential criminal violations until
                 any such investigation is completed and the findings of the investigation have been fully
                 resolved in accordance with applicable law.

         The bill provides that such a matter is "fully resolved" if the criminal or administrative charges or
         investigations have been definitively closed or dismissed, have resulted in an acquittal, or have
         otherwise ended in such a manner that no further legal or administrative actions relating to charges or
         investigations are pending against a licensee under applicable laws, rules, or regulations.

         The bill requires ABT to notify a distributor in writing of any change in the distributor's corporate surety
         bond requirements by the date on which the distributor's audited tax assessments become final.



24 S. 210.40, F.S.

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         The bill provides that a decision by ABT on the amount of the surety bond is not subject to review under
         s. 120.60, F.S., including judicial review.25

         The bill allows ABT to adopt rules related to surety bonds.

         Alcohol – Current Situation

         In Florida, the Beverage Law 26 regulates the manufacture, distribution, and sale of wine, beer, and
         liquor by licensed or permitted manufacturers, distributors, and vendors.27

         Any person or entity currently licensed or permitted by ABT must provide an electronic mail address to
         function as the primary contact for all communication by ABT to the licensee or permittee. Licensees
         and permittees are responsible for maintaining accurate contact information on file with ABT.28
         However, there is no similar requirement for applicants.

         Alcohol – Effect of the Bill

         The bill requires all applicants for an alcohol license or permit to:
             Provide an electronic mail address to function as the primary means of contact for all
                 communication by ABT,
             Maintain accurate contact information on file with ABT, and
             Apply using forms prepared by ABT and filed through ABT's online system before engaging in
                 any business for which a license or permit is required.

         The bill provides that ABT may not process an application for an alcohol license unless the application
         is submitted through the ABT's online system.

         Elevators – Current Situation

         Chapter 399, F.S., regulates elevator safety procedures, and is enforced by H&R. H&R issues the
         following:29
               Permits to install, relocate, or alter elevators,
               Certificates of operation for elevators, and
               Licenses for:
                      o Elevator companies,
                      o Elevator technicians, and
                      o Elevator inspectors.

         Currently, applicants for examination or licensure do not have to create or maintain an online account
         with DBPR.

         Elevators – Effect of the Bill

         The bill requires persons who have or are applying for an elevator license, certificate, or permit to:
             Create and maintain an online account with H&R,
             Provide an e-mail address to the division to function as the primary means of contact for all
                 communication from H&R, and
             Maintain accurate contact information on file with H&R.

         The bill allows H&R to adopt rules to implement this provision.

25 Chapter 120, F.S., the Administrative Procedure Act (APA),  provides uniform procedures for state agencies, including the cond uct of
rulemaking, implementing disciplinary actions, and the granting and denial of license applications. Section 120.60, F.S., p rovides the
process for the granting or denial of license applications upon receipt of a license application, including judicial review o f a decision.
26 Section 561.01(6), F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
27 See s. 561.14, F.S.
28 S. 561.17(5), F.S.
29 S. 399.01, F.S.

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           Certified Public Accountants – Current Situation

           The Florida Board of Accounting under DCPA is responsible for regulating and licensing certified public
           accountants (CPA) and accounting firms in Florida. 30

           Currently, applicants for examination or licensure do not have to create or maintain an online account
           with DBPR.

           Certified Public Accountants – Effect of the Bill

           A person applying to the department to take the licensure examination, or for licensure as a CPA or
           firm, must:
                Create and maintain an online account with DBPR,
                Provide an e-mail address to function as the primary means of contact for all communication to
                  the applicant from DBPR,
                Maintain accurate contact information on file with DBPR, and
                Submit any change in the applicant's e-mail address or home address within 30 days after any
                  contact information changes. All changes must be submitted through DBPR’s online system.

           Pilots – Current Situation

           Chapter 310, F.S., regulates the piloting of vessels utilizing the navigable waters of Florida in order that
           such resources, the environment, life, and property may be protected to the fullest extent possible. 31
           The Board of Pilot Commissioners is responsible for licensing and regulating pilots and determines the
           number of pilots in a port based on the supply and demand for piloting services and the public interest
           in maintaining efficient and safe piloting services.32

           “Pilot” means a licensed state pilot or a certificated deputy pilot.33

           The pilot or pilots in a port must train and compensate all deputy pilots in that port and establish a
           competency-based mentor program by which minority persons 34 may acquire the skills for the
           professional preparation and education competency requirements of a licensed state pilot or certificated
           deputy pilot. DBPR must provide the Governor, the President of the Senate, and the Speaker of the
           House of Representatives with a report each year on the number of minority persons who:
                Have participated in each mentor program,
                Are licensed state pilots or certificated deputy pilots, and
                Have applied for state pilot licensure or deputy pilot certification. 35

           When DBPR examines applications for a certificate as deputy pilot, and finds them qualified, DBPR
           must certify all such applicants as qualified, provided that not more than five persons who passed the
           examination are certified for each declared opening.36



30 S. 473.303, F.S.
31 S. 310.001, F.S.
32
     S. 310.061, F.S.
33 S. 310.002(2), F.S.
34 As defined in s. 288.703, which means a lawful, permanent resident of Florida who is:

• An African American, a person having origins in any of the black racial groups of the African Diaspora, regardless of cultural origin.
• A Hispanic American, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Cent ral
America, or the Caribbean, regardless of race.
• An Asian American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subco ntinent, or
the Pacific Islands, including the Hawaiian Islands before 1778.
• A Native American, a person who has origins in any of the Indian Tribes of North America before 1835, upon presentation of proper
documentation thereof as established by rule of the Department of Management Services.
• An American woman.
35 S. 310.0015(3)(d), F.S.
36 S. 310.081(2), F.S.

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         If more than five applicants per opening pass the examination, the persons having the highest scores
         must be certified as qualified up to the number of openings times five. DBPR must give consideration to
         the minority and female status of applicants when qualifying deputy pilots, in the interest of ensuring
         diversification within the state piloting profession. DBPR must appoint and certificate such number of
         deputy pilots from those applicants deemed qualified as in the discretion of the board are required in
         the respective ports of the state.37

         Pilots – Effect of the Bill

         The bill removes the requirement for a competency-based mentor program for minority persons and the
         related report.

         The bill removes the requirement that DBPR must consider the minority and female status of applicants
         when qualifying deputy pilots.

         Employee Leasing Companies – Current Situation

         Generally, “employee leasing” means an arrangement whereby a leasing company assigns its
         employees to a client and allocates the direction of and control over the leased employees between the
         leasing company and the client, with exceptions.38

         The Board of Employee Leasing Companies licenses and regulates employee leasing companies 39 and
         consists of seven members to be appointed by the Governor and confirmed by the Senate, as follows:40
             Five members of the board must be chosen from licensed individuals already engaged in the
                employee leasing industry.
             Two board members must be Florida residents and must not be, or ever have been, connected
                with the business of employee leasing.41

         Employee Leasing Companies – Effect of the Bill

         The bill dissolves the Board of Employee Leasing Companies, and provides that employee leasing
         companies will be regulated as a DBPR-run licensing program.

         The bill makes conforming changes.




37 Id.
38 S. 468.520(4), F.S.
39 S. 468.521, F.S.
40 S. 468.521(1), F.S.
41 S. 468.521(2), F.S.

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         Real Estate – Current Situation

         The Florida Real Estate Commission (FREC), within the DRE, administers and enforces real estate
         licensing laws applicable to real estate brokers 42 and sales associates.43

         “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 therefore, 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.44

         “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 a broker.45

         FREC must certify for licensure any applicant who satisfies the education, character, and examination
         requirements. An application for licensure expires 2 years after the date received if the applicant does
         not pass the appropriate examination within that time. Additionally, if an applicant does not pass the
         licensing examination within 2 years after the successful course completion date, the applicant's
         successful course completion may not be used for licensure.46

         Real Estate – Effect of the Bill

         The bill allows an applicant to use any completion of a required course for licensure, regardless if the
         applicant has not passed the examination within a certain timeframe.

         Barbers and Cosmetologists – Current Situation

         The Barbers’ Board under Ch. 476, F.S., governs the regulation and licensing of barbers and
         barbershops in the state. A barber license is required to perform barbering services. 47 Barbering
         services include hair services and limited skin care services when done for compensation, but not for
         medical purposes.48

         The Board of Cosmetology under Ch. 477, F.S., governs the licensing and regulation of cosmetologists,
         nail specialists, facial specialists, full specialists, and related salons in the state. A cosmetology license
         or a specialty registration is required to perform cosmetology services. Cosmetology services include
         hair services, nail services, and skin care services when done for compensation, but not for medical
         purposes.49

         Both practice acts contain conflicting provisions related to licensure by endorsement, where one
         provision requires licensure in another jurisdiction for a year to qualify, 50 and another allows a license
         by endorsement regardless of how long the applicant has held the license in another jurisdiction.51




42 S. 475.01(1)(a), F.S.
43 S. 475.01(1)(j), F.S.
44 S. 475.01(1)(a), F.S.
45 S. 475.01(1)(j), F.S.
46 S. 475.181(2), F.S.
47 S. 476.144(1), F.S.
48 S. 476.034(2), F.S.
49 S. 477.013(4), F.S.
50 Ss. 476.114(2)(c)1. and 477.019(2)(c)1., F.S.
51 Ss. 476.144(5) and 477.019(6), F.S.

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         Barbers and Cosmetologists – Effect of the Bill

         The bill removes a conflicting provision for licensure by endorsement, and allows barbers and
         cosmetologists licensed in another jurisdiction to qualify for a license by endorsement regardless of
         how long the applicant has held the license in another jurisdiction.

         Asbestos Consultants and Contractors – Current Situation

         Asbestos consultants and contractors are regulated by ch. 469, F.S., and licensed by the Asbestos
         Licensing Unit in DBPR. Florida licensing standards must also comply with the U.S. Environmental
         Protection Agency’s Asbestos Model Accreditation Plan for States (MAP), which includes mandatory
         nationwide standards for testing and education.52

         “Asbestos abatement” means the removal, encapsulation, enclosure, or disposal of asbestos. 53

         An asbestos consultant may:
            • Conduct an asbestos survey,
            • Develop an operation and maintenance plan,
            • Monitor and evaluate asbestos abatement, and
            • Prepare asbestos abatement specifications.54

         An asbestos contractor may perform the work of an asbestos consultant and conduct asbestos
         abatement work.55

         In addition to proving certain experience, education, and completion of examination, an applicant for
         licensure as either an asbestos consultant or contractor also must provide evidence of financial
         responsibility. Criteria used by DBPR to determine financial responsibility must include, but is not be
         limited to, credit history and limits of bondability and credit.56

         Asbestos Consultants and Contractors – Effect of the Bill

         The bill removes the requirement for DBPR to consider an applicant’s limits of bondability when
         determining an asbestos consultant or contractor applicant’s financial responsibility.

         Designated Representatives – Current Situation

         DDC has broad authority to inspect and discipline DDC permittees for violations of state or federal laws
         and regulations, which can include seizure and condemnation of adulterated or misbranded drugs or
         suspension or revocation of a permit.57

         Each establishment that is issued a permit as a prescription drug wholesale distributor or an out-of-
         state prescription drug wholesale distributor must designate in writing to DBPR at least one natural
         person to serve as the designated representative of the wholesale distributor. Such person must have
         an active certification as a designated representative from DBPR.58

         A designated representative:
             Must be actively involved in and aware of the actual daily operation of the wholesale distributor.
             Must be employed full time in a managerial position by the wholesale distributor.



52 40 C.F.R. § 763 Appendix C to Subpart E.
53 S. 469.001(1), F.S.
54 S. 469.003, F.S.
55 S. 469.003(3), F.S.
56 S. 469.005-.006, F.S.
57 Ss. 499.051, 499.062, 499.065. 499.066, 499.0661, and 499.067, F.S.
58 S. 499.012(15)(a), F.S.

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                  Must be physically present at the establishment during normal business hours, except for time
                   periods when absent due to illness, family illness or death, scheduled vacation, or other
                   authorized absence.
                  May serve as a designated representative for only one wholesale distributor at any one time. 59

         To be certified as a designated representative, a natural person must:
             Submit an application and pay the appropriate fees.
             Be at least 18 years of age.
             Have at least 2 years of verifiable full-time:
                     o Work experience in a pharmacy licensed in Florida or another state, where the person’s
                         responsibilities included, but were not limited to, recordkeeping for prescription drugs;
                     o Managerial experience with a prescription drug wholesale distributor licensed in Florida
                         or in another state; or
                     o Managerial experience with the United States Armed Forces, where the person’s
                         responsibilities included, but were not limited to, recordkeeping, warehousing,
                         distributing, or other logistics services pertaining to prescription drugs.
             Pass the required examination.
             Provide DBPR with a personal information statement and fingerprints.60

         Designated Representatives – Effect of the Bill

         The bill adds two additional ways that an applicant may demonstrate work experience in order to obtain
         a license as a designated representative, as follows:
               Managerial experience with a state or federal organization responsible for regulating or
                 permitting establishments involved in the distribution of prescription drugs, whether in an
                 administrative or a sworn law enforcement capacity; and
               Work experience as a drug inspector or investigator with a state or federal organization, whether
                 in an administrative or a sworn law enforcement capacity, where the person's responsibilities
                 related primarily to compliance with state or federal requirements pertaining to the distribution of
                 prescription drugs.

         Local Construction Contractor Licensing – Current Situation

          Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
          construction contracting, and part II addressing the licensure and regulation of electrical and alarm
          system contracting.

         Construction contractors are either certified or registered by the Construction Industry Licensing Board
         (CILB) housed within DBPR. The CILB is responsible for licensing statewide construction contractors
         and regulating the construction industry in Florida under part I of Ch. 489, F.S,61 and is divided into two
         divisions with separate jurisdictions:
                  Division I has jurisdiction over the regulation of general contractors, building contractors,
                    and residential contractors.62
                  Division II has jurisdiction over the regulation of roofing contractors, sheet metal contractors,
                    class A, B, and C air-conditioning contractors, mechanical contractors, commercial pool/spa
                    contractors, residential pool/spa contractors, swimming pool/spa servicing contrac tors,
                    plumbing contractors, underground utility and excavation contractors, solar contractors, and
                    pollutant storage systems contractors.63

          "Certified contractors" are individuals who pass the state competency examination and obtain a
          certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of

59 S. 499.012(15)(d), F.S.
60 S. 499.012(15)(b), F.S.
61 See s. 489.107, F.S.
62 See s. 489.105(3)(a)-(c), F.S.
63 S. 489.105(3) (d) - (q), F.S.

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         competency for a specific license category and are permitted to practice in that category in any
         jurisdiction in the state.64

         “Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
         construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
         CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
         the state.65

         “Registered contractors” are individuals licensed at the local level that have taken and passed a local
         competency examination and can practice the specific category of contracting for which he or she is
         approved, only in the local jurisdiction for which the license is issued. 66 Registered contractors must
         register the local license with the CILB.

         The local governing body of a county or municipality, or its local enforcement body, is authorized to
         enforce the provisions of part I of Ch. 489, F.S., as well as its local ordinances against locally licensed
         or registered contractors, as appropriate. The local jurisdiction enforcement body may conduct
         disciplinary proceedings against a locally licensed or registered contractor and may:
              Require restitution,
              Impose a suspension or revocation of the local license,
              Impose a fine not to exceed $5,000, or
              Impose a combination thereof.67

         In addition to any disciplinary action the local jurisdiction enforcement body may take against the local
         licensee, the local jurisdiction enforcement body must issue a recommended penalty to the CILB for the
         CILB to take additional action. This recommended penalty may include a recommendation for:
              No further action,
              Suspension,
              Revocation,
              Restriction of the registration,
              A fine to be levied by CILB, or
              A combination thereof.68

         Currently, a local jurisdiction enforcement body may not recommend that the CILB require restitution as
         an action against the local contractor.

         Local Construction Contractor Licensing – Effect of the Bill

         The bill allows a local jurisdiction enforcement body to recommend that the CILB require restitution from
         the local contractor.

         The bill requires that the recommended penalty must specify the practice act violations upon which the
         recommendation is based.

         Florida Homeowners’ Construction Recovery Fund – Current Situation

         The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have
         suffered a covered financial loss at the hands of state-licensed contractors. Covered losses include
         financial mismanagement or misconduct, project abandonment, or fraudulent statement of a contractor
         or related party.69 A homeowner must have engaged a contractor for construction or improvement of



64 S. 489.105(8), F.S.
65 S. 489.105(3)(q), F.S.
66 S. 489.105(10), F.S.
67 S. 489.131(7)(b), F.S.
68 S. 489.131(7)(c), F.S.
69 See ss. 489.140-489.144, F.S.

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         the homeowner’s Florida residence, and the damage must have been caused by a Division I licensee
         or a Division II licensee.70

         Claims are filed with DBPR, who reviews for completeness and statutory eligibility. DBPR then presents
         the claim to the Construction Industry Licensing Board (CILB) for review. 71

         Current law requires all local governments to assess and collect a separate 1.5% surcharge on any
         building permit issued by their enforcement agency for the purpose of enforcing the Building Code. The
         local governments collect the assessment and remit the surcharge fees to DBPR, where it is divided
         equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB) and the
         Florida Homeowners’ Construction Recovery Fund. 72

         The maximum amounts payable for recovery fund claims and the total lifetime aggregate limits are set
         forth in s. 489.143, F.S,73 as follows:
              Beginning January 1, 2005, for each Division I contract entered into after July 1, 2004, recovery
                  fund claims are limited to a $50,000 maximum payment for each Division I claim, with a total
                  lifetime aggregate limit of $500,000 for each Division I licensee.
              Beginning January 1, 2017, for each Division II contract entered into on or after July 1, 2016,
                  (the date that claims against Division II licensees were first authorized to be filed), recovery fund
                  claims are limited to a $15,000 maximum payment for each Division II claim, with a total lifetime
                  aggregate limit of $150,000 for each Division II licensee.

         Claims awarded to a claimant by the CILB are paid in the order that they are filed, up to the lifetime
         aggregate limits for each transaction and licensee, and to the limits of amounts appropriated to pay
         claims against the recovery fund.74 Payments may not exceed the total claim limits or lifetime aggregate
         limits.75

         As of July 31, 2023, the overall Recovery Fund balance was $23,235,064.00. For fiscal years 20/21,
         21/22, and 22/23, the average amount of revenue going into the fund from the surcharge per fiscal year
         was $6,188,495.00, and the average amount of claims awarded was $2,882,184 per fiscal year.
         However, between FY 20/21 and FY 22/23, the number of claims presented and awarded each year
         more than doubled. In FY 22/23, 232 claims were awarded for a total amount of $4,449,552.00. Of the
         232 claims, 125 were against Division I contractors, and 107 were against Division II contractors. 76

         Florida Homeowners’ Construction Recovery Fund – Effect of the Bill

         The bill increases the maximum amounts payable for recovery fund claims and the total lifetime
         aggregate limits as follows:
             Beginning January 1, 2025, for each Division I contract entered into after July 1, 2024, recovery
                 fund claims are limited to a $100,000 maximum payment for each Division I claim, with a total
                 lifetime aggregate limit of $2 million for each Division I licensee.
             Beginning January 1, 2025, for each Division II contract entered into on or after July 1, 2024,
                 recovery fund claims are limited to a $30,000 maximum payment for each Division II claim, with
                 a total lifetime aggregate limit of $600,000 for each Division II licensee.




70 Section 489.1402, F.S., defines the term “residence” to mean “a single -family residence, an individual residential condominium or

cooperative unit, or a residential building containing not more than two residential units in which the owner contracting for the
improvement is residing or will reside 6 months or more each calendar year upon completion of the i mprovement.”
71 S. 489.1401(2), F.S.
72 S. 468.631, F.S.
73 For recovery fund claims for contracts entered into before July 1, 2004, see s. 489.143(6), F.S.
74 S. 489.143(7), F.S.
75 Id.
76 DBPR, Agency Analysis of 2024 House Bill 1335, p.3 (Jan. 8, 2024).

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         Florida Mobile Home Relocation Corporation – Current Situation

         Chapter 723, F.S., the “Florida Mobile Home Act,” addresses the unique relationship between a mobile
         home owner and a mobile home park owner.77 The provisions in ch. 723, F.S., apply to residential
         tenancies where a mobile home is placed upon a lot that is rented or leased from a mobile home park
         that has 10 or more lots offered for rent or lease.78

         Chapter 723.003, F.S., provides the following relevant definitions:
             “Mobile home park” or “park” means a use of land in which lots or spaces are offered for rent or
               lease for the placement of mobile homes and in which the primary use of the park is
               residential.79
             “Mobile home owner,” “mobile homeowner,” “home owner,” or “homeowner” means a person
               who owns a mobile home and rents or leases a lot within a mobile home park for residential
               use.80

         In 2001, the Legislature created the Florida Mobile Home Relocation Corporation (corporation) in s.
         723.0611, F.S., to provide for the collection and payment of relocation expenses for mobile home
         owners displaced by a change in land use for a mobile home park. 81 Specifically, s. 723.0612, F.S.,
         provides for relocation expenses to be paid from the corporation to the mobile home owner from the
         Florida Mobile Home Relocation Trust Fund.82

         The amount of the payment is the actual moving expenses of relocating the mobile home to a new
         location within a 50-mile radius of the vacated park, or $3,000 for a single-section mobile home or
         $6,000 for a multi-section mobile home, whichever is less.83

         In lieu of collecting moving expenses from the corporation, a mobile home owner may elect to abandon
         the home and collect payment from the corporation in the amount of $1,375 for a single section mobile
         home and $2,750 for a multi-section mobile home.84 Upon election of abandonment, the mobile home
         owner must deliver to the park owner an endorsed title with a valid release of all liens on the title to the
         mobile home.85 The mobile home park owner is required to pay the corporation an amount equal to the
         amount the mobile home owner is entitled to receive from the corporation. 86

         The mobile home park owner is not required to make the payments, nor is the mobile home owner
         entitled to compensation, if: 87
              The mobile home owner is moved to another space in the park or to another mobile home park
                 at the park owner’s expense;
              The mobile home owner notified the mobile home park owner, before the notice of a change in
                 land use, that he or she was vacating the premises;
              A mobile home owner abandons the home in the park; or
              The mobile home owner had an eviction action for nonpayment of lot rental amount filed against
                 him or her prior to the mailing date of the change in the use of land.

         The corporation is administered by a board of directors made up of 6 members who are each appointed
         by the Secretary of DBPR from a list of nominees:88
              The Federation of Manufactured Home Owners of Florida submits nominees for 3 board
                members. This organization is comprised of residents who reside in mobile home parks.

77 S. 723.004, F.S.
78 S. 723.002(1), F.S.
79 S. 723.003(12), F.S.
80 S. 723.003(11), F.S.
81 Ch. 2001-227, L.O.F.
82 Ss. 723.007(2), 723.0612(2) and (7), F.S.
83 S. 723.0612(1), F.S.
84 S. 723.0612(7), F.S.
85 Id.
86 S. 723.0612(7), F.S.
87 Ss. 723.0612(2) and (7), F.S.
88 S. 723.0611(1), F.S.

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                  The Florida Manufactured Housing Association submits nominees for 3 board members. This
                   organization is comprised of park owners and operators.

        The board has historically had an executive director who managed the administrative and financial
        transactions of the corporation, as well as performed other necessary functions. However, as of the end
        of June 2023, the corporation is being managed by a management company in Tallahassee. 89

        The Mobile Home Relocation Trust Fund has a current balance of $5,671,376.86. An accounting of the
        fund is as follows:90

        Revenue to the fund for the past five fiscal years:
                              FY 18/19          FY 19/20              FY 20/21         FY 21/22          FY 22/23
        Park Owner Fees       $54,638           $134,581              $26,625          $2,750            $16,500
        DHSMV Surcharge $438,631                $378,405              $406,433         $412,814          $401,807
        FCTMH Surcharge $282,885                $283,353              $282,390         $294,231          $282,455
        Interest              $74,630           $115,712              $67,082          $33,827           $78,673
        Total Revenue         $850,784          $912,051              $782,530         $743,622          $779,435

        Expenditures from the fund for the past five fiscal years:
                             FY 18/19         FY 19/20           FY 20/21              FY 21/22           FY 22/23
        Transferred to       $338,450         $422,000           $357,086              $284,573           $241,592
        corporation
        Service Charge to    $65,960          $74,671            $64,334               $56,773            $61,901
        General Revenue
        Interest             $3,598           $4,241             $4,655                $4,770             $5,358
        Assessment
        Total Expenditures   $408,008         $500,912           $426,075              $346,116           $308,788

        Payouts from the fund for the past five fiscal years:
                             FY 18/19          FY 19/20               FY 20/21         FY 21/22          FY 22/23
        Total Paid Out       $68,250           $141,500               $9,875           $4,125            $29,125
        Number of Payouts 30                   61                     4                2                 16

        Florida Mobile Home Relocation Corporation – Effect of the Bill

        The bill dissolves the corporation and requires the FTCMH to take over its duties of running the Florida
        Mobile Home Relocation Program.

        The bill conforms several related provisions to replace references to the corporation with FTCMH.

        Appropriation from the Florida Mobile Home Relocation Trust Fund

        The bill appropriates, for the 2024-2025 fiscal year, the sum of $95,000 in recurring funds from the
        Florida Mobile Home Relocation Trust Fund to DBPR for the purpose of implementing the bill.

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




89 DBPR, supra note 76, at 5.

90 Email from Chris Kingry, Deputy Legislative   Affairs Director, DBPR, RE: Florida Mobile Home Relocation Trust Fund
(Jan. 30, 2024),
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   B. SECTION DIRECTORY:
       Section 1:     Amends s. 210.15, F.S.; relating to online account requirements for tobacco licensees.
       Section 2:     Creates s. 210.32, F.S.; relating to online account requirements for tobacco licensees.
       Section 3:     Amends s. 210.40, F.S.; relating to surety bond requirements for certain tobacco
                      licensees.
       Section 4:     Amends s. 310.0015, F.S.; relating to a mentor program to become a deputy pilot.
       Section 5:     Amends s. 310.081, F.S.; relating to consideration of certain factors in licensing deputy
                      pilots.
       Section 6:     Creates s. 399.18, F.S.; relating to online account requirements for elevator licensees.
       Section 7:     Creates s. 468.519, F.S.; creating the employee leasing licensing program.
       Section 8:     Repeals s. 468.521, F.S.; dissolving the Board of Employee Leasing Companies.
       Section 9:     Amends s. 469.006, F.S.; relating to requirements for asbestos abatement licensing.
       Section 10:    Amends s. 473.306, F.S.; relating to online account requirements for CPA applicants.
       Section 11:    Amends s. 473.308, F.S.; relating to online account requirements for CPA firm
                      applicants.
       Section 12:    Amends s. 475.181, F.S.; removing an examination expiration for certain real estate
                      license applicants.
       Section 13:    Amends s. 476.114, F.S.; removing a superfluous provision related to barber licenses.
       Section 14:    Amends s. 477.019, F.S.; removing a superfluous provision related to cosmetology
                      licenses.
       Section 15:    Amends s. 489.131, F.S.; relating to disciplinary actions available to local governments
                      for construction licensing.
       Section 16:    Amends s. 489.143, F.S.; increasing thresholds for the Florida Homeowners’
                      Construction Recovery Fund.
       Section 17:    Amends s. 499.012, F.S.; relating to experience requirements for designated
                      representatives of certain prescription drug wholesale distributors.
       Section 18:    Amends s. 561.17, F.S.; relating to online account requirements for alcohol licensees.
       Section 19:    Amends s. 569.00256, F.S.; relating to online account requirements for tobacco
                      licensees.
       Section 20:    Amends s. 569.3156, F.S.; relating to online account requirements for nicotine products
                      licensees.
       Section 21:    Amends s. 723.061, F.S.; conforming a provision.
       Section 22:    Repeals s. 723.0611, F.S.; dissolving the Florida Mobile Home Relocation Corporation.
       Section 23:    Amends s. 723.06115, F.S.; requiring FCTMH to administer the Florida Mobile Home
                      Relocation Trust Fund.
       Section 24:    Amends s. 723.06116, F.S.; conforming a provision.
       Section 25:    Amends s. 723.0612, F.S.; conforming a provision.
       Section 26:    Amends s. 20.165, F.S.; conforming a provision.
       Section 27:    Amends s. 210.16, F.S.; conforming a provision.
       Section 28:    Amends s. 212.08, F.S.; conforming a provision.
       Section 29:    Amends s. 440.02, F.S.; conforming a provision.
       Section 30:    Amends s. 448.26, F.S.; conforming a provision
       Section 31:    Amends s. 468.520, F.S.; conforming a provision.
       Section 32:    Amends s. 468.522, F.S.; conforming a provision.
       Section 33:    Amends s. 468.524, F.S.; conforming a provision.
       Section 34:    Amends s. 468.5245, F.S.; conforming a provision.
       Section 35:    Amends s. 468.525, F.S.; conforming a provision
       Section 36:    Amends s. 468.526, F.S.; conforming a provision.
       Section 37:    Amends s. 468.527, F.S.; conforming a provision.
       Section 38:    Amends s. 468.5275, F.S.; conforming a provision.
       Section 39:    Amends s. 468.529, F.S.; conforming a provision.
       Section 40:    Amends s. 468.530, F.S.; conforming a provision.
       Section 41:    Amends s. 468.531, F.S.; conforming a provision.
       Section 42:    Amends s. 468.532, F.S.; conforming a provision.
       Section 43:    Amends s. 476.144, F.S.; conforming a provision.
       Section 44:    Amends s. 627.192, F.S.; conforming a provision.
       Section 45:    Reenacts s. 723.061, F.S.
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          Section 46:    Reenacts s. 48.184, F.S.
          Section 47:    Reenacts s. 723.031, F.S.
          Section 48:    Reenacts s. 723.032, F.S.
          Section 49:    Reenacts s. 723.085, F.S.
          Section 50:    Reenacts s. 320.08015, F.S.
          Section 51:    Provides an appropriation from the Mobile Home Relocation Trust Fund to DBPR.
          Section 52:    Provides an effective date.


                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

          1. Revenues:
                See Fiscal Comments.

          2. Expenditures:
                See Fiscal Comments.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:
                None.

          2. Expenditures:
                None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
          By increasing the aggregate cap per licensee and the per claim cap for each contract, the number of
          claimants who receive compensation from the Florida Homeowner’s Construction Recovery Fund and
          the amount of compensation will increase.

          Removing the bondability requirement for asbestos abatement professionals will reduce the cost to
          applicants, estimated to be $100 per applicant.91

     D. FISCAL COMMENTS:
          According to DBPR:

          Since recovery fund claims under the Florida Homeowner’s Construction Recovery Fund are required
          to be based on contracts for eligible work, and must be based on either a final order, judgment, or
          decree, any fiscal impact from the increase in the caps will likely not occur for at least a year, July 2025
          at the earliest.92

          Modifications to DBPR’s licensing system, Versa: Regulation (VR), and online system, Versa: Online
          (VO), related to creating and maintaining online accounts and changes to licensure processes, are
          required.93 These changes can be made using existing resources.

          Eliminating the Board of Employee Leasing Companies will result in a reduction of expenditures
          pertaining to board travel, costs, etc. However, the reduction in expenditures will be offset by the need
          for a consultant to review employee leasing licensure applications.


91 Id. at.10.
92 Id. at 12.
93 Id. at 10.

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       By increasing the aggregate cap per licensee and the per-claim cap for each contract, the number and
       amounts of Florida Homeowner’s Construction Recovery Fund claims awarded will increase. However,
       the impact is indeterminate.

       The bill appropriates, for the 2024-2025 fiscal year, the sum of $95,000 in recurring funds from the
       Florida Mobile Home Relocation Trust Fund to DBPR for the purpose of implementing the bill.


                                              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:
       DBPR will need to amend several rules related to requiring online accounts, dissolving the Board of
       Employee Leasing Companies, dissolving the Florida Mobile Home Relocation Corporation, and
       changing licensure requirements for asbestos abatement professionals.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On February 6, 2024, the State Administration & Technology Appropriations Subcommittee adopted one
   amendment and reported the bill favorably as a committee substitute. The amendment reduced the
   appropriation provided in the bill to $95,000.

   This analysis is drafted to the committee substitute as passed by the State Administration & Technology
   Appropriations Subcommittee.




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DATE: 2/13/2024
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




           CS/HB 1335                                                                                           2024




    1                                         A bill to be entitled
    2              An act relating to the Department of Business and
    3              Professional Regulation; amending s. 210.15 and
    4              creating s. 210.32, F.S.; requiring persons or
    5              entities licensed or permitted by the department's
    6              Division of Alcoholic Beverages and Tobacco, or
    7              applying for such license or permit, to create and
    8              maintain an account with the division's online system
    9              and provide an e-mail address to the division;
10                 specifying application requirements; prohibiting the
11                 division from processing applications not submitted
12                 through the online system; amending s. 210.40, F.S.;
13                 revising the amount of an initial corporate surety
14                 bond required as a condition of licensure as a tobacco
15                 product distributor; requiring the division to review
16                 corporate surety bond amounts on a specified basis;
17                 authorizing the division to increase a bond amount,
18                 subject to specified conditions; authorizing the
19                 division to adjust bond amounts by rule; authorizing
20                 the division to reduce a bond amount upon a showing of
21                 good cause; defining terms; requiring the division to
22                 notify distributors in writing if their corporate
23                 surety bond requirements change; providing
24                 applicability; prohibiting the division from reducing
25                 a bond amount under specified circumstances;

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        CS/HB 1335                                                                                           2024




26              authorizing the division to adopt rules; amending s.
27              310.0015, F.S.; deleting a provision requiring a
28              competency-based mentor program at ports; deleting a
29              requirement that the department submit an annual
30              report on the mentor program; amending s. 310.081,
31              F.S.; deleting a requirement that the department
32              consider certain characteristics for applicants for
33              certification as a deputy pilot; making technical
34              changes; creating s. 399.18, F.S.; requiring certain
35              persons or entities certified or registered under the
36              Elevator Safety Act, or applying for such
37              certifications or registrations, to create and
38              maintain an online account with the department's
39              Division of Hotels and Restaurants and provide an e -
40              mail address to the division; requiring such persons
41              and entities to maintain the accuracy of their contact
42              information; requiring the division to adopt rules;
43              creating s. 468.519, F.S.; creating the employee
44              leasing companies licensing program under the
45              department; providing legislative intent; repealing s.
46              468.521, F.S., relating to the department's Board of
47              Employee Leasing Companies; amending s. 469.006, F.S.;
48              revising requirements for department rules governing
49              evidence of financial responsibility of applicants
50              seeking licensure as a business organization under ch.

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        CS/HB 1335                                                                                           2024




51              469, F.S.; amending s. 473.306, F.S.; requiring
52              applicants for the accountancy licensure examination
53              to create and maintain an online account with the
54              department and provide an e-mail address; requiring
55              applicants to maintain the accuracy of their contact
56              information; requiring that address changes be
57              submitted through the department's online system
58              within a specified timeframe; conforming cross-
59              references; amending s. 473.308, F.S.; requiring a
60              person seeking licensure as a Florida certified public
61              accountant, or a firm seeking to engage in public
62              accountancy, to create and maintain an online account
63              with the department and provide an e-mail address;
64              requiring certified public accountants and accounting
65              firms to maintain the accuracy of their contact
66              information; requiring that address changes be
67              submitted through the department's online system
68              within a specified timeframe; amending s. 475.181,
69              F.S.; revising conditions regarding issuance of a
70              licensure under part I of ch. 475, F.S.; amending s.
71              476.114, F.S.; revising eligibility requirements for
72              licensure as a barber; making technical changes;
73              amending s. 477.019, F.S.; revising eligibility
74              requirements for licensure by examination to practice
75              cosmetology; amending s. 489.131, F.S.; revising the

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         CS/HB 1335                                                                                           2024




 76              types of penalties that may be recommended by a local
 77              jurisdiction enforcement body against a contractor;
 78              specifying requirements for any such recommended
 79              penalties; amending s. 489.143, F.S.; revising payment
 80              limitations for payments made from the department's
 81              Florida Homeowners' Construction Recovery Fund;
 82              amending s. 499.012, F.S.; revising requirements for
 83              certification as a designated representative of a
 84              prescription drug wholesale distributor; amending s.
 85              561.17, F.S.; requiring persons or entities licensed
 86              or permitted by the Division of Alcoholic Beverages
 87              and Tobacco, or applying for such license or permit,
 88              to create and maintain an account with the division's
 89              online system; specifying application requirements;
 90              prohibiting the division from processing applications
 91              not submitted through the online system; creating ss.
 92              569.00256 and 569.3156, F.S.; requiring certain
 93              persons or entities licensed or permitted by the
 94              division, or applying for such a license or permit, to
 95              create and maintain an account with the division's
 96              online system; requiring licensees, permittees, and
 97              applicants to provide the division with an e-mail
 98              address and maintain accurate contact information;
 99              specifying application requirements; prohibiting the
100              division from processing applications not submitted

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         CS/HB 1335                                                                                           2024




101              through the online system; amending s. 723.061, F.S .;
102              conforming provisions to changes made by the act;
103              replacing the Florida Mobile Home Relocation
104              Corporation with the Division of Florida Condominiums,
105              Timeshares, and Mobile Homes with regard to a
106              specified notice; repealing s. 723.0611, F.S.,
107              relating to the Florida Mobile Home Relocation
108              Corporation; amending s. 723.06115, F.S.; replacing
109              the Florida Mobile Home Relocation Corporation with
110              the Division of Florida Condominiums, Timeshares, and
111              Mobile Homes as the manager and administrator of the
112              Florida Mobile Home Relocation Trust Fund; revising
113              the uses of the trust fund; making conforming changes;
114              amending s. 723.06116, F.S.; replacing the Florida
115              Mobile Home Relocation Corporation with the Division
116              of Florida Condominiums, Timeshares, and Mobile Homes
117              with regard to payments made from mobile home park
118              owners to the Florida Mobile Home Relocation Trust
119              Fund; amending s. 723.0612, F.S.; replacing the
120              Florida Mobile Home Relocation Corporation with the
121              Division of Florida Condominiums, Timeshares, and
122              Mobile Homes with regard to relocation expenses to be
123              paid to mobile home owners from the Florida Mobile
124              Home Relocation Trust Fund; making technical changes;
125              conforming a cross-reference; amending ss. 20.165,

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         CS/HB 1335                                                                                           2024




126              210.16, 212.08, 440.02, 448.26, 468.520, 468.522,
127              468.524, 468.5245, 468.525, 468.526, 468.527,
128              468.5275, 468.529, 468.530, 468.531, 468.532, 476.144,
129              and 627.192, F.S.; conforming cross-references and
130              provisions to changes made by the act; reenacting ss.
131              48.184(1), 723.004(5), 723.031(9), 723.032(1), and
132              723.085(2), F.S., relating to service of process for
133              the removal of unknown parties in possession of mobile
134              homes, legislative intent, mobile home lot rental
135              agreements, prohibited or unenforceable provisions in
136              mobile home lot rental agreements, and the rights of
137              lienholders on mobile homes in rental mobile home
138              parks, respectively, to incorporate the amendment made
139              in s. 723.061, F.S., in references thereto; reenacting
140              s. 320.08015(1), F.S., relating to license tax
141              surcharges, to incorporate the amendment made in s.
142              723.06115, F.S., in a reference thereto; providing an
143              appropriation; providing an effective date.
144
145      Be It Enacted by the Legislature of the State of Florida:
146
147              Section 1.         Present paragraphs (a) through (h) of
148      subsection (1) of section 210.15, Florida Statutes, are
149      redesignated as paragraphs (b) through (i), respectively, and a
150      new paragraph (a) is added to that subsection, to read:

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         CS/HB 1335                                                                                           2024




151              210.15        Permits.—
152              (1)
153              (a)         A person or an entity licensed or permitted by the
154      division, or applying for a license or a permit, must create and
155      maintain an account with the division's online system and
156      provide an e-mail address to the division to function as the
157      primary means of contact for all communication by the division
158      to the licensee, permittee, or applicant. Licensees, permittees,
159      and applicants are responsible for maintaining accurate contact
160      information on file with the division. A person or an entity
161      seeking a license or permit under this part must apply using
162      forms furnished by the division which are filed through the
163      division's online system before commencing operations. The
164      division may not process an application for a license or permit
165      issued by the division under this part unless the application is
166      submitted through the division's online system.
167              Section 2.         Section 210.32, Florida Statutes, is created to
168      read:
169              210.32        Account; online system.—A person or an entity
170      licensed or permitted by the division, or applying for a license
171      or a permit, must create and maintain an account with the
172      division's online system and provide an e-mail address to the
173      division to function as the primary means of contact for all
174      communication by the division to the licensee, permittee, or
175      applicant. Licensees, permittees, and applicants are responsible

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         CS/HB 1335                                                                                           2024




176      for maintaining accurate contact information on file with the
177      division. A person or an entity seeking a license or a permit
178      under this part must apply using forms furnished by the division
179      which are filed through the division's online system before
180      commencing operations. The division may not process an
181      application for a license or permit issued by the division under
182      this part unless the application is submitted through the
183      division's online system.
184              Section 3.         Section 210.40, Florida Statutes, is amended to
185      read:
186              210.40        License fees; surety bond; application for each
187      place of business.—
188              (1)         Each application for a distributor's license must
189      shall be accompanied by a fee of $25. The application must shall
190      also be accompanied by a corporate surety bond issued by a
191      surety company authorized to do business in this state,
192      conditioned for the payment when due of all taxes, penalties,
193      and accrued interest which may be due the state. The initial
194      corporate surety bond shall be in the sum of $25,000 $1,000 and
195      in a form prescribed by the division.
196              (a)         The division shall review the amount of a corporate
197      surety bond on a semiannual basis to ensure that the bond amount
198      is adequate to protect the state.
199              (b)         The division may increase the corporate surety bond
200      amount before renewing a distributor's license or after

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         CS/HB 1335                                                                                           2024




201      completing its semiannual review of the bond amount.
202              (c)         The corporate surety bond amount may be increased to
203      the sum of the distributor's highest month of final audited tax
204      liabilities, penalties, and accrued interest which are due to
205      the state.
206              (2)         A corporate surety bond, with the sum determined by
207      the division in accordance with paragraph (1)(c), is required
208      for renewal of a distributor's license.
209              (3)         The division may prescribe by rule increases in the
210      corporate surety bond amounts required as a condition of
211      licensure.
212              (4)(a)        The division may reduce the amount of a corporate
213      surety bond upon a distributor's showing of good cause. For
214      purposes of this subsection, the term:
215              1.      "Fully resolved" means that criminal or administrative
216      charges or investigations have been definitively closed or
217      dismissed, have resulted in an acquittal, or have otherwise
218      ended in such a manner that no further legal or administrative
219      actions relating to charges or investigations are pending
220      against a licensee under applicable laws, rules, or regulations.
221              2.      "Good cause" means a consistent pattern of responsible
222      financial behavior by the distributor over a period of at least
223      the preceding 4 years, and having the sum of the dist ributor's
224      final audited tax liabilities, penalties, and interest be less
225      than the amount of the distributor's corporate surety bond for

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         CS/HB 1335                                                                                           2024




226      every month for a period of at least the preceding 4 years.
227              3.      "Responsible financial behavior" includes the timely
228      and complete reporting and payment of all tax liabilities,
229      penalties, and accrued interest due to the state for a period of
230      at least the preceding 4 years.
231              (b)         The division may not reduce a corporate surety bond
232      amount when a licensee:
233              1.      Is in default of any tax liabilities, penalties, or
234      interest due to the state;
235              2.      Is the subject of a pending criminal prosecution in any
236      jurisdiction until such prosecution has been fully resolved;
237              3.      Has pending administrative charges brought by an
238      authorized regulatory body or agency which have not been fully
239      resolved in accordance with applicable rules and procedures; or
240              4.      Is under investigation by any administrative body or
241      agency for potential criminal violations until any such
242      investigation is completed and the findings of the investigation
243      have been fully resolved in accordance with applicable law.
244              (5)         The division shall notify a distributor in writing of
245      any change in the distributor's corporate surety bond
246      requirements by the date on which the distributor's audited tax
247      assessments become final.
248              (6)         The provisions of this section governing corporate
249      surety bonds are not subject to s. 120.60 Whenever it is the
250      opinion of the division that the bond given by a licensee is

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         CS/HB 1335                                                                                           2024




251      inadequate in amount to fully protect the state, the division
252      shall require an additional bond in such amount as is deemed
253      sufficient.
254              (7)         A separate application for a license must shall be
255      made for each place of business at which a distributor proposes
256      to engage in business as a distributor under this part, but an
257      applicant may provide one corporate surety bond in an amount
258      determined by the division for all applications made by the
259      distributor consistent with the requirements of this section.
260              (8)         The division may adopt rules to administer this
261      section.
262              Section 4.           Paragraph (d) of subsection (3) of section
263      310.0015, Florida Statutes, is amended to read:
264              310.0015           Piloting regulation; general provisions. —
265              (3)         The rate-setting process, the issuance of licenses
266      only in numbers deemed necessary or prudent by the board, and
267      other aspects of the economic regulation of piloting established
268      in this chapter are intended to protect the public from the
269      adverse effects of unrestricted competition which would result
270      from an unlimited number of licensed pilots being allowed to
271      market their services on the basis of lower prices rather than
272      safety concerns. This system of regulation benefits and protects
273      the public interest by maximizing safety, avoiding uneconomic
274      duplication of capital expenses and facilities, and enhancing
275      state regulatory oversight. The system seeks to provide pilots

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         CS/HB 1335                                                                                           2024




276      with reasonable revenues, taking into consideration the normal
277      uncertainties of vessel traffic and port usage, sufficient to
278      maintain reliable, stable piloting operations. Pilots have
279      certain restrictions and obligations under this system,
280      including, but not limited to, the following:
281              (d)1.       The pilot or pilots in a port shall train and
282      compensate all member deputy pilots in that port. Failure to
283      train or compensate such deputy pilots constitutes shall
284      constitute a ground for disciplinary action under s. 310.101.
285      Nothing in this subsection may shall be deemed to create an
286      agency or employment relationship between a pilot or deputy
287      pilot and the pilot or pilots in a port.
288              2.      The pilot or pilots in a port shall establish a
289      competency-based mentor program by which minority persons as
290      defined in s. 288.703 may acquire the skills for the
291      professional preparation and education competency requirements
292      of a licensed state pilot or certificated deputy pilot. The
293      department shall provide the Governor, the President of the
294      Senate, and the Speaker of the House of Representatives with a
295      report each year on the number of minority persons as defined in
296      s. 288.703 who have participated in each mentor program, who are
297      licensed state pilots or certificated deputy pilots, and who
298      have applied for state pilot licensure or deputy pilot
299      certification.
300              Section 5.         Subsection (2) of section 310.081, Florida

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         CS/HB 1335                                                                                           2024




301      Statutes, is amended to read:
302              310.081        Department to examine and license state pilots and
303      certificate deputy pilots; vacancies.—
304              (2)         The department shall similarly examine persons who
305      file applications for certificate as deputy pilot, and, if upon
306      examination to determine proficiency the department finds them
307      qualified, the department must shall certify as qualified all
308      applicants who pass the examination, provided that not more than
309      five persons who passed the examination are certified for each
310      declared opening. If more than five applicants per opening pass
311      the examination, the persons having the highest scores must
312      shall be certified as qualified up to the number of openings
313      times five. The department shall give consideration to the
314      minority and female status of applicants when qualifying deputy
315      pilots, in the interest of ensuring diversification within the
316      state piloting profession. The department shall appoint and
317      certificate such number of deputy pilots from those applicants
318      deemed qualified as in the discretion of the board are required
319      in the respective ports of the state. A deputy pilot shall be
320      authorized by the department to pilot vessels within the limits
321      and specifications established by the licensed state pilots at
322      the port where the deputy is appointed to serve.
323              Section 6.         Section 399.18, Florida Statutes, is created to
324      read:
325              399.18        Online services account.—

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         CS/HB 1335                                                                                           2024




326              (1)         A certified elevator inspector, certified elevator
327      technician, or registered elevator company; a person or entity
328      seeking to become certified or registered as such; a person who
329      has been issued an elevator certificate of competency; a person
330      who is seeking such certificate; a person or entity who has been
331      issued an elevator certificate of operation; and a person or
332      entity who is seeking such a certificate must create and
333      maintain an online account with the division and provide an e -
334      mail address to the division to function as the primary means of
335      contact for all communication from the division. Each person or
336      entity is responsible for maintaining accurate contact
337      information on file with the division.
338              (2)         The division shall adopt rules to implement this
339      section.
340              Section 7.         Section 468.519, Florida Statutes, is created,
341      and incorporated into part XI of chapter 468, Florida Statutes,
342      to read:
343              468.519        Employee leasing companies licensing program;
344      purpose.—
345              (1)         There is created within the department the employee
346      leasing companies licensing program.
347              (2)         The Legislature finds it necessary in the interest of
348      the public safety and welfare to ensure that consumers of
349      employee leasing companies can rely on the competence and
350      integrity of such companies through the licensing requirements

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         CS/HB 1335                                                                                           2024




351      of this part.
352              Section 8.         Section 468.521, Florida Statutes, is repealed.
353              Section 9.         Paragraph (c) of subsection (2) of section
354      469.006, Florida Statutes, is amended to read:
355              469.006        Licensure of business organizations; qualifying
356      agents.—
357              (2)
358              (c)         As a prerequisite to the issuance of a license under
359      this section, the applicant shall submit the following:
360              1.      An affidavit on a form provided by the department
361      attesting that the applicant has obtained workers' compensation
362      insurance as required by chapter 440, public liability
363      insurance, and property damage insurance, in amounts determined
364      by department rule. The department shall establish by rule a
365      procedure to verify the accuracy of such affidavits based upon a
366      random sample method.
367              2.      Evidence of financial responsibility. The department
368      shall adopt rules to determine financial responsibility which
369      must shall specify grounds on which the department may deny
370      licensure. Such criteria must shall include, but is not be
371      limited to, credit history and limits of bondability and credit.
372              Section 10.            Section 473.306, Florida Statutes, is amended
373      to read:
374              473.306        Examinations.—
375              (1)         A person desiring to be licensed as a Florida

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         CS/HB 1335                                                                                           2024




376      certified public accountant shall apply to the department to
377      take the licensure examination.
378              (2)         A person applying to the department to take the
379      licensure examination must create and maintain an online account
380      with the department and provide an e-mail address to function as
381      the primary means of contact for all communication to the
382      applicant from the department. Each applicant is responsible for
383      maintaining accurate contact information on file with the
384      department and must submit any change in the applicant's e -mail
385      address or home address within 30 days after the change. All
386      changes must be submitted through the department's online
387      system.
388              (3)         An applicant is entitled to take the licensure
389      examination to practice in this state as a certified public
390      accountant if:
391              (a)         The applicant has completed 120 semester hours or 180
392      quarter hours from an accredited college or university with a
393      concentration in accounting and business courses as specified by
394      the board by rule; and
395              (b)         The applicant shows that she or he has good moral
396      character. For purposes of this paragraph, the term "good moral
397      character" has the same meaning as provided in s. 473.308(7)(a)
398      s. 473.308(6)(a). The board may refuse to allow an applicant to
399      take the licensure examination for failure to satisfy this
400      requirement if:

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         CS/HB 1335                                                                                           2024




401              1.      The board finds a reasonable relationship betw een the
402      lack of good moral character of the applicant and the
403      professional responsibilities of a certified public accountant;
404      and
405              2.      The finding by the board of lack of good moral
406      character is supported by competent substantial evidence.
407
408      If an applicant is found pursuant to this paragraph to be
409      unqualified to take the licensure examination because of a lack
410      of good moral character, the board shall furnish to the
411      applicant a statement containing the findings of the board, a
412      complete record of the evidence upon which the determination was
413      based, and a notice of the rights of the applicant to a
414      rehearing and appeal.
415              (4)(3)        The board shall have the authority to establish the
416      standards for determining and shall determine:
417              (a)         What constitutes a passing grade for each subject or
418      part of the licensure examination;
419              (b)         Which educational institutions, in addition to the
420      universities in the State University System of Florida, shall be
421      deemed to be accredited colleges or universities;
422              (c)         What courses and number of hours constitute a major in
423      accounting; and
424              (d)         What courses and number of hours constitute additional
425      accounting courses acceptable under s. 473.308(4) s. 473.308(3).

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         CS/HB 1335                                                                                           2024




426              (5)(4)        The board may adopt an alternative licensure
427      examination for persons who have been licensed to practice
428      public accountancy or its equivalent in a foreign country so
429      long as the International Qualifications Appraisal Board of the
430      National Association of State Boards of Accountancy has ratified
431      an agreement with that country for reciprocal licensure.
432              (6)(5)        For the purposes of maintaining the proper
433      educational qualifications for licensure under this chapter, the
434      board may appoint an Educational Advisory Committee, which shall
435      be composed of one member of the board, two persons in public
436      practice who are licensed under this chapter, and four
437      academicians on faculties of universities in this state.
438              Section 11.            Present subsections (3) through (9) of section
439      473.308, Florida Statutes, are redesignated as subsections (4)
440      through (10), respectively, a new subsection (3) is added to
441      that section, and subsection (2), paragraph (b) of present
442      subsection (4), and present subsection (8) of that section are
443      amended, to read:
444              473.308        Licensure.—
445              (2)         The board shall certify for licensure any applicant
446      who successfully passes the licensure examination and satisfies
447      the requirements of subsections (4), (5), and (6) (3), (4), and
448      (5), and shall certify for licensure any firm that satisfies the
449      requirements of ss. 473.309 and 473.3101. The board may refuse
450      to certify any applicant or firm that has violated any of the

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         CS/HB 1335                                                                                           2024




451      provisions of s. 473.322.
452              (3)         A person desiring to be licensed as a Florida
453      certified public accountant or a firm desiring to engage in the
454      practice of public accounting must create and maintain an online
455      account with the department and provide an e-mail address to
456      function as the primary means of contact for all communication
457      from the department. Certified public accountants and firms are
458      responsible for maintaining accurate contact information on file
459      with the department and must submit any change in an e-mail
460      address or street address within 30 days after the change. All
461      changes must be submitted through the department's online
462      system.
463              (5)(4)
464              (b)         However, an applicant who completed the requirements
465      of subsection (4) (3) on or before December 31, 2008, and who
466      passes the licensure examination on or before June 30, 2010, is
467      exempt from the requirements of this subsection.
468              (9)(8)        If the applicant has at least 5 years of experience
469      in the practice of public accountancy in the United States or in
470      the practice of public accountancy or its equivalent in a
471      foreign country that the International Qualifications Appraisal
472      Board of the National Association of State Boards of Accountancy
473      has determined has licensure standards that are substantially
474      equivalent to those in the United States, or has at least 5
475      years of work experience that meets the requirements of

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         CS/HB 1335                                                                                           2024




476      subsection (5) (4), the board must shall waive the requirements
477      of subsection (4) (3) which are in excess of a baccalaureate
478      degree. All experience that is used as a basis for waiving the
479      requirements of subsection (4) (3) must be while licensed as a
480      certified public accountant by another state or territory of the
481      United States or while licensed in the practice of public
482      accountancy or its equivalent in a foreign country that the
483      International Qualifications Appraisal Board of the National
484      Association of State Boards of Accountancy has determined has
485      licensure standards that are substantially equivalent to those
486      in the United States. The board shall have the authority to
487      establish the standards for experience that meet this
488      requirement.
489              Section 12.            Subsection (2) of section 475.181, Flori da
490      Statutes, is amended to read:
491              475.181        Licensure.—
492              (2)         The commission shall certify for licensure any
493      applicant who satisfies the requirements of ss. 475.17, 475.175,
494      and 475.180. The commission may refuse to certify any applicant
495      who has violated any of the provisions of s. 475.42 or who is
496      subject to discipline under s. 475.25. The application shall
497      expire 2 years after the date received if the applicant does not
498      pass the appropriate examination. Additionally, if an applicant
499      does not pass the licensing examination within 2 years after the
500      successful course completion date, the applicant's successful

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         CS/HB 1335                                                                                           2024




501      course completion is invalid for licensure.
502               Section 13.            Subsections (2) and (3) of section 476.114,
503      Florida Statutes, are amended to read:
504               476.114        Examination; prerequisites.—
505               (2)         An applicant is shall be eligible for licensure by
506      examination to practice barbering if the applicant:
507               (a)         Is at least 16 years of age;
508               (b)         Pays the required application fee; and
509               (c)1.        Holds an active valid license to practice barbering
510      in another state, has held the license for at least 1 year, and
511      does not qualify for licensure by endorsement as provided for in
512      s. 476.144(5); or
513               2.      Has received a minimum of 900 hours of training in
514      sanitation, safety, and laws and rules, as established by the
515      board, which must shall include, but is shall not be limited to,
516      the equivalent of completion of services directly related to the
517      practice of barbering at one of the following:
518               1.a.        A school of barbering licensed pursuant to chapter
519      1005;
520               2.b.        A barbering program within the public school system;
521      or
522               3.c.        A government-operated barbering program in this
523      state.
524
525      The board shall establish by rule procedures whereby the school

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         CS/HB 1335                                                                                           2024




526      or program may certify that a person is qualified to take the
527      required examination after the completion of a minimum of 600
528      actual school hours. If the person passes the examination, she
529      or he has shall have satisfied this requirement; but if the
530      person fails the examination, she or he may shall not be
531      qualified to take the examination again until the completion of
532      the full requirements provided by this section.
533              (3)         An applicant who meets the requirements set forth in
534      paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
535      the examination may take subsequent examinations as many times
536      as necessary to pass, except that the board may specify by rule
537      reasonable timeframes for rescheduling the examination and
538      additional training requirements for applicants who, after the
539      third attempt, fail to pass the examination. Prior to
540      reexamination, the applicant must file the appropriate form and
541      pay the reexamination fee as required by rule.
542              Section 14.            Subsection (2) of section 477.019, Florida
543      Statutes, is amended to read:
544              477.019        Cosmetologists; qualifications; licensure;
545      supervised practice; license renewal; endorsement; continuing
546      education.—
547              (2)         An applicant is shall be eligible for licensure by
548      examination to practice cosmetology if the applicant:
549              (a)         Is at least 16 years of age or has received a high
550      school diploma;

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         CS/HB 1335                                                                                           2024




551              (b)         Pays the required application fee, which is not
552      refundable, and the required examination fee, which is
553      refundable if the applicant is determined to not be eligible for
554      licensure for any reason other than failure to successfully
555      complete the licensure examination; and
556              (c)1.        Is authorized to practice cosmetology in another
557      state or country, has been so authorized for at least 1 year,
558      and does not qualify for licensure by endorsement as provided
559      for in subsection (5); or
560              2.      Has received a minimum of 1,200 hours of training as
561      established by the board, which must shall include, but is shall
562      not be limited to, the equivalent of completion of services
563      directly related to the practice of cosmetology at one of the
564      following:
565              1.a.        A school of cosmetology licensed pursuant to chapter
566      1005.
567              2.b.        A cosmetology program within the public school
568      system.
569              3.c.        The Cosmetology Division of the Florida School for
570      the Deaf and the Blind, provided the division meets the
571      standards of this chapter.
572              4.d.        A government-operated cosmetology program in this
573      state.
574
575      The board shall establish by rule procedures whereby the school

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         CS/HB 1335                                                                                           2024




576      or program may certify that a person is qualified to take the
577      required examination after the completion of a minimum of 1,000
578      actual school hours. If the person then passes the examination,
579      he or she has shall have satisfied this requirement; but if the
580      person fails the examination, he or she may shall not be
581      qualified to take the examination again until the completion of
582      the full requirements provided by this section.
583              Section 15.            Paragraph (c) of subsection (7) of section
584      489.131, Florida Statutes, is amended to read:
585              489.131        Applicability.—
586              (7)
587              (c)         In addition to any action the local jurisdiction
588      enforcement body may take against the individual's local
589      license, and any fine the local jurisdiction may impose, the
590      local jurisdiction enforcement body shall issue a recommended
591      penalty for board action. This recommended penalty may include a
592      recommendation for no further action, or a recommendation for
593      suspension, restitution, revocation, or restriction of the
594      registration, or a fine to be levied by the board, or a
595      combination thereof. The recommended penalty must specify the
596      violations of this chapter upon which the recommendation is
597      based. The local jurisdiction enforcement body shall inform the
598      disciplined contractor and the complainant of the local license
599      penalty imposed, the board penalty recommended, his or her
600      rights to appeal, and the consequences should he or she decide

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         CS/HB 1335                                                                                           2024




601      not to appeal. The local jurisdiction enforcement body shall,
602      upon having reached adjudication or having accepted a plea of
603      nolo contendere, immediately inform the board of its action and
604      the recommended board penalty.
605              Section 16.            Subsections (3) and (6) of section 489.143,
606      Florida Statutes, are amended to read:
607              489.143        Payment from the fund.—
608              (3)         Beginning January 1, 2005, for each Division I
609      contract entered into after July 1, 2004, payment from the
610      recovery fund is subject to a $50,000 maximum payment for each
611      Division I claim. Beginning January 1, 2017, for each Division
612      II contract entered into on or after July 1, 2016, payment from
613      the recovery fund is subject to a $15,000 maximum payment for
614      each Division II claim. Beginning January 1, 2025, for Division
615      I and Division II contracts entered into on or afte r July 1,
616      2024, payment from the recovery fund is subject to a $100,000
617      maximum payment for each Division I claim and a $30,000 maximum
618      payment for each Division II claim.
619              (6)         For contracts entered into before July 1, 2004,
620      payments for claims against any one licensee may not exceed, in
621      the aggregate, $100,000 annually, up to a total aggregate of
622      $250,000. For any claim approved by the board which is in excess
623      of the annual cap, the amount in excess of $100,000 up to the
624      total aggregate cap of $250,000 is eligible for payment in the
625      next and succeeding fiscal years, but only after all claims for

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         CS/HB 1335                                                                                           2024




626      the then-current calendar year have been paid. Payments may not
627      exceed the aggregate annual or per claimant limits under law.
628      Beginning January 1, 2005, for each Division I contract entered
629      into after July 1, 2004, payment from the recovery fund is
630      subject only to a total aggregate cap of $500,000 for each
631      Division I licensee. Beginning January 1, 2017, for each
632      Division II contract entered into on or after July 1, 2016,
633      payment from the recovery fund is subject only to a total
634      aggregate cap of $150,000 for each Division II licensee.
635      Beginning January 1, 2025, for Division I and Division II
636      contracts entered into on or after July 1, 2024, payment from
637      the recovery fund is subject only to a total aggregate cap of $2
638      million for each Division I licensee and $600,000 for each
639      Division II licensee.
640              Section 17.            Paragraph (b) of subsection (15) of section
641      499.012, Florida Statutes, is amended to read:
642              499.012        Permit application requirements.—
643              (15)
644              (b)         To be certified as a designated representative, a
645      natural person must:
646              1.      Submit an application on a form furnished by the
647      department and pay the appropriate fees.
648              2.      Be at least 18 years of age.
649              3.      Have at least 2 years of verifiable full-time:
650              a.      Work experience in a pharmacy licensed in this state or

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         CS/HB 1335                                                                                           2024




651      another state, where the person's responsibilities included, but
652      were not limited to, recordkeeping for prescription drugs;
653              b.      Managerial experience with a prescription drug
654      wholesale distributor licensed in this state or in another
655      state; or
656              c.      Managerial experience with the United States Armed
657      Forces, where the person's responsibilities included, but were
658      not limited to, recordkeeping, warehousing, distribut ing, or
659      other logistics services pertaining to prescription drugs;
660              d.      Managerial experience with a state or federal
661      organization responsible for regulating or permitting
662      establishments involved in the distribution of prescription
663      drugs, whether in an administrative or a sworn law enforcement
664      capacity; or
665              e.      Work experience as a drug inspector or investigator
666      with a state or federal organization, whether in an
667      administrative or a sworn law enforcement capacity, where the
668      person's responsibilities related primarily to compliance with
669      state or federal requirements pertaining to the distribution of
670      prescription drugs.
671              4.      Receive a passing score of at least 75 percent on an
672      examination given by the department regarding federal laws
673      governing distribution of prescription drugs and this part and
674      the rules adopted by the department governing the wholesale
675      distribution of prescription drugs. This requirement shall be

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         CS/HB 1335                                                                                           2024




676      effective 1 year after the results of the initial examination
677      are mailed to the persons that took the examination. The
678      department shall offer such examinations at least four times
679      each calendar year.
680              5.      Provide the department with a personal information
681      statement and fingerprints pursuant to subsection (9).
682              Section 18.            Subsection (5) of section 561.17, Florida
683      Statutes, is amended to read:
684              561.17        License and registration applications; approved
685      person.—
686              (5)         Any person or entity licensed or permitted by the
687      division, or applying for a license or permit, must create and
688      maintain an account with the division's online system and
689      provide an e-mail electronic mail address to the division to
690      function as the primary means of contact for all communication
691      by the division to the licensee, or permittee, or applicant.
692      Licensees, and permittees, and applicants are responsible for
693      maintaining accurate contact information on file with the
694      division. A person or an entity seeking a license or permit from
695      the division must apply using forms prepared by the division and
696      filed through the division's online system before engaging in
697      any business for which a license or permit is required. The
698      division may not process an application for an alcoholic
699      beverage license unless the application is submitted through the
700      division's online system.

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         CS/HB 1335                                                                                           2024




701              Section 19.            Section 569.00256, Florida Statutes, is
702      created to read:
703              569.00256         Account; online system.—A person or an entity
704      licensed or permitted by the division under this part, or
705      applying for a license or a permit, must create and maintain an
706      account with the division's online system and provide an e-mail
707      address to the division to function as the primary means of
708      contact for all communication by the division to the licensee,
709      permittee, or applicant. Licensees, permittees, and applicants
710      are responsible for maintaining accurate contact information
711      with the division. A person or an entity seeking a license or
712      permit from the division must apply using forms prepared by the
713      division and filed through the division's online system before
714      engaging in any business for which a license or permit is
715      required. The division may not process an application to deal,
716      at retail, in tobacco products unless the application is
717      submitted through the division's online system.
718              Section 20.            Section 569.3156, Florida Statutes, is created
719      to read:
720              569.3156          Account; online system.—A person or an entity
721      licensed or permitted by the division under this part, or
722      applying for a license or a permit, must create and maintain an
723      account with the division's online system and provide an e -mail
724      address to the division to function as the primary means of
725      contact for all communication by the division to the licensee,

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         CS/HB 1335                                                                                           2024




726      permittee, or applicant. Licensees, permittees, and applicants
727      are responsible for maintaining accurate contact information
728      with the division. A person or an entity seeking a license or
729      permit from the division must apply using forms prepared by the
730      division and filed through the division's online system before
731      engaging in any business for which a license or permit is
732      required. The division may not process an application to deal,
733      at retail, in nicotine products unless the application is
734      submitted through the division's online system.
735              Section 21.            Paragraph (d) of subsection (1) of section
736      723.061, Florida Statutes, is amended to read:
737              723.061         Eviction; grounds, proceedings.—
738              (1)         A mobile home park owner may evict a mobile home
739      owner, a mobile home tenant, a mobile home occupant, or a mobile
740      home only on one or more of the following grounds:
741              (d)         Change in use of the land comprising the mobile ho me
742      park, or the portion thereof from which mobile homes are to be
743      evicted, from mobile home lot rentals to some other use, if:
744              1.      The park owner gives written notice to the homeowners'
745      association formed and operating under ss. 723.075-723.079 of
746      its right to purchase the mobile home park, if the land
747      comprising the mobile home park is changing use from mobile home
748      lot rentals to a different use, at the price and under the terms
749      and conditions set forth in the written notice.
750              a.      The notice shall be delivered to the officers of the

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         CS/HB 1335                                                                                           2024




751      homeowners' association by United States mail. Within 45 days
752      after the date of mailing of the notice, the homeowners'
753      association may execute and deliver a contract to the park owner
754      to purchase the mobile home park at the price and under the
755      terms and conditions set forth in the notice. If the contract
756      between the park owner and the homeowners' association is not
757      executed and delivered to the park owner within the 45-day
758      period, the park owner is under no further obligation to the
759      homeowners' association except as provided in sub-subparagraph
760      b.
761               b.      If the park owner elects to offer or sell the mobile
762      home park at a price lower than the price specified in her or
763      his initial notice to the officers of the homeowners'
764      association, the homeowners' association has an additional 10
765      days to meet the revised price, terms, and conditions of the
766      park owner by executing and delivering a revised contract to the
767      park owner.
768               c.      The park owner is not obligated under this subparagraph
769      or s. 723.071 to give any other notice to, or to further
770      negotiate with, the homeowners' association for the sale of the
771      mobile home park to the homeowners' association after 6 months
772      after the date of the mailing of the initial notice under sub -
773      subparagraph a.
774               2.      The park owner gives the affected mobile home owners
775      and tenants at least 6 months' notice of the eviction due to the

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         CS/HB 1335                                                                                           2024




776      projected change in use and of their need to secure other
777      accommodations. Within 20 days after giving an eviction notice
778      to a mobile home owner, the park owner must provide the division
779      with a copy of the notice. The division must provide the
780      executive director of the Florida Mobile Home Relocation
781      Corporation with a copy of the notice.
782              a.      The notice of eviction due to a change in use of the
783      land must include in a font no smaller than the body of the
784      notice the following statement:
785
786              YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA
787              MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE
788              DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES
789              FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC) .
790              DIVISION FMHRC CONTACT INFORMATION IS AVAILABLE FROM
791              THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL
792              REGULATION.
793
794              b.      The park owner may not give a notice of increase in lot
795      rental amount within 90 days before giving notice of a change in
796      use.
797              Section 22.           Section 723.0611, Florida Statutes, is
798      repealed.
799              Section 23.           Section 723.06115, Florida Statutes, is
800      amended to read:

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         CS/HB 1335                                                                                           2024




801              723.06115          Florida Mobile Home Relocation Trust Fund. —
802              (1)         The Florida Mobile Home Relocation Trust Fund is
803      established within the Department of Business and Professional
804      Regulation. The trust fund is to be used to fund the
805      administration and operations of the Division of Florida
806      Condominiums, Timeshares, and Mobile Homes Florida Mobile Home
807      Relocation Corporation. All interest earned from the investment
808      or deposit of moneys in the trust fund shall be deposited in the
809      trust fund. The trust fund shall be funded from moneys collected
810      by the division corporation from mobile home park owners under
811      s. 723.06116, the surcharge collected by the department under s.
812      723.007(2), the surcharge collected by the Department of Highway
813      Safety and Motor Vehicles, and from other appropriated funds.
814              (2)         Moneys in the Florida Mobile Home Relocation Trust
815      Fund may be expended only:
816              (a)         To pay the administration costs of the division
817      Florida Mobile Home Relocation Corporation; and
818              (b)         To carry out the purposes and objectives of the
819      division corporation by making payments to mobile home owners
820      under the relocation program.
821              (3)         The department shall distribute moneys in the Florida
822      Mobile Home Relocation Trust Fund to the division Florida Mobile
823      Home Relocation Corporation in accordance with the following:
824              (a)         Before the beginning of each fiscal year, the division
825      corporation shall submit its annual operating budget, as

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         CS/HB 1335                                                                                           2024




826      approved by the division corporation board, for the fiscal year
827      and set forth that amount to the department in writing. One-
828      fourth of the operating budget shall be transferred to the
829      division corporation each quarter. The department shall make the
830      first one-fourth quarter transfer on the first business day of
831      the fiscal year and make the remaining one-fourth quarter
832      transfers before the second business day of the second, third,
833      and fourth quarters. The division corporation board may approve
834      changes to the operational budget for a fiscal year by pro viding
835      written notification of such changes to the department. The
836      written notification must indicate the changes to the
837      operational budget and the conditions that were unforeseen at
838      the time the division corporation developed the operational
839      budget and why the changes are essential in order to continue
840      operation of the division corporation.
841              (b)         The division corporation shall periodically submit
842      requests to the department for the transfer of funds to the
843      division corporation needed to make payments to mobile home
844      owners under the relocation program. Requests must include
845      documentation indicating the amount of funds needed, the name
846      and location of the mobile home park, the number of approved
847      applications for moving expenses or abandonment allowance, and
848      summary information specifying the number and type, single -
849      section or multisection, of homes moved or abandoned. The
850      department shall process requests that include such

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         CS/HB 1335                                                                                           2024




851      documentation, subject to the availability of sufficient funds
852      within the trust fund, within 5 business days after receipt of
853      the request. Transfer requests may be submitted electronically.
854              (c)         Funds transferred from the trust fund to the division
855      corporation shall be transferred electronically and shall be
856      transferred to and maintained in a qualified public depository
857      as defined in s. 280.02 which is specified by the division
858      corporation.
859              (4)         Other than the requirements specified under this
860      section, neither the division corporation nor the department is
861      required to take any other action as a prerequisite to
862      accomplishing the provisions of this section.
863              (5)         This section does not preclude department inspection
864      of division corporation records 5 business days after receipt of
865      written notice.
866              Section 24.            Section 723.06116, Florida Statutes, is
867      amended to read:
868              723.06116          Payments to the Division of Florida
869      Condominiums, Timeshares, and Mobile Homes Mobile Home
870      Relocation Corporation.—
871              (1)         If a mobile home owner is required to move due to a
872      change in use of the land comprising a mobile home park as set
873      forth in s. 723.061(1)(d), the mobile home park owner shall,
874      upon such change in use, pay to the Division of Florida
875      Condominiums, Timeshares, and Mobile Homes Mobile Home

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         CS/HB 1335                                                                                           2024




876      Relocation Corporation for deposit in the Florida Mobile Home
877      Relocation Trust Fund $2,750 for each single-section mobile home
878      and $3,750 for each multisection mobile home for which a mobile
879      home owner has made application for payment of moving expenses.
880      The mobile home park owner shall make the payments required by
881      this section and by s. 723.0612(7) to the division corporation
882      within 30 days after receipt from the division corporation of
883      the invoice for payment. Failure to make such payment within the
884      required time period shall result in a late fee being imposed.
885              (a)         If payment is not submitted within 30 days after
886      receipt of the invoice, a 10-percent late fee shall be assessed.
887              (b)         If payment is not submitted within 60 days after
888      receipt of the invoice, a 15-percent late fee shall be assessed.
889              (c)         If payment is not submitted within 90 days after
890      receipt of the invoice, a 20-percent late fee shall be assessed.
891              (d)         Any payment received 120 days or more after receipt of
892      the invoice shall include a 25-percent late fee.
893              (2)         A mobile home park owner is not required to ma ke the
894      payment prescribed in subsection (1), nor is the mobile home
895      owner entitled to compensation under s. 723.0612(1), when:
896              (a)         The mobile home park owner moves a mobile home owner
897      to another space in the mobile home park or to another mobile
898      home park at the park owner's expense;
899              (b)         A mobile home owner is vacating the premises and has
900      informed the mobile home park owner or manager before the change

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         CS/HB 1335                                                                                           2024




901      in use notice has been given; or
902              (c)         A mobile home owner abandons the mobile home as set
903      forth in s. 723.0612(7).
904              (d)         The mobile home owner has a pending eviction action
905      for nonpayment of lot rental amount pursuant to s. 723.061(1)(a)
906      which was filed against him or her prior to the mailing date of
907      the notice of change in use of the mobile home park given
908      pursuant to s. 723.061(1)(d).
909              (3)         This section and s. 723.0612(7) are enforceable by the
910      division corporation by action in a court of appropriate
911      jurisdiction.
912              (4)         In any action brought by the division corporation to
913      collect payments assessed under this chapter, the division
914      corporation may file and maintain such action in Leon County. If
915      the division corporation is a party in any other action, venue
916      for such action shall be in Leon County.
917              Section 25.             Subsections (1) through (5), (7) through (9),
918      (11), and (12) of section 723.0612, Florida Statutes, are
919      amended to read:
920              723.0612           Change in use; relocation expenses; payments by
921      park owner.—
922              (1)         If a mobile home owner is required to move due to a
923      change in use of the land comprising the mobile home park as set
924      forth in s. 723.061(1)(d) and complies with the requirements of
925      this section, the mobile home owner is entitled to payment from

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         CS/HB 1335                                                                                           2024




926      the Division of Florida Condominiums, Timeshares, and Mobile
927      Homes Mobile Home Relocation Corporation of:
928              (a)         The amount of actual moving expenses of relocating the
929      mobile home to a new location within a 50-mile radius of the
930      vacated park, or
931              (b)         The amount of $3,000 for a single-section mobile home
932      or $6,000 for a multisection mobile home, whichever is less.
933      Moving expenses include the cost of taking down, moving, and
934      setting up the mobile home in a new location.
935              (2)         A mobile home owner is not shall not be entitled to
936      compensation under subsection (1) when:
937              (a)         The park owner moves a mobile home owner to another
938      space in the mobile home park or to another mobile home park at
939      the park owner's expense;
940              (b)         A mobile home owner is vacating the premises and has
941      informed the park owner or manager before notice of the change
942      in use has been given;
943              (c)         A mobile home owner abandons the mobile home as set
944      forth in subsection (7); or
945              (d)         The mobile home owner has a pending eviction action
946      for nonpayment of lot rental amount pursuant to s. 723.061(1)(a)
947      which was filed against him or her prior to the mailing date of
948      the notice of change in use of the mobile home park given
949      pursuant to s. 723.061(1)(d).
950              (3)         Except as provided in subsection (7), in order to

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         CS/HB 1335                                                                                           2024




951      obtain payment from the division Florida Mobile Home Relocation
952      Corporation, the mobile home owner shall submit to the division
953      corporation, with a copy to the park owner, an application for
954      payment which includes:
955              (a)         A copy of the notice of eviction due to change in use;
956      and
957              (b)         A contract with a moving or towing contractor for the
958      moving expenses for the mobile home.
959              (4)         The division Florida Mobile Home Relocation
960      Corporation must approve payment within 45 days after receipt of
961      the information set forth in subsection (3), or payment is
962      deemed approved. A copy of the approval must be forwarded to the
963      park owner with an invoice for payment. Upon approval, the
964      division corporation shall issue a voucher in the amount of the
965      contract price for relocating the mobile home. The moving
966      contractor may redeem the voucher from the division corporation
967      following completion of the relocation and upon approval of the
968      relocation by the mobile home owner.
969              (5)         Actions of the division Florida Mobile Home Relocation
970      Corporation under this section are not subject to the provisions
971      of chapter 120 but are reviewable only by writ of certiorari in
972      the circuit court in the county in which the claimant resides in
973      the manner and within the time provided by the Florida Rules of
974      Appellate Procedure.
975              (7)         In lieu of collecting payment from the division

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          CS/HB 1335                                                                                           2024




 976      Florida Mobile Home Relocation Corporation as set forth in
 977      subsection (1), a mobile home owner may abandon the mobile home
 978      in the mobile home park and collect $1,375 for a single section
 979      and $2,750 for a multisection from the division corporation as
 980      long as the mobile home owner delivers to the park owner the
 981      current title to the mobile home duly endorsed by the owner of
 982      record and valid releases of all liens shown on the title. If a
 983      mobile home owner chooses this option, the park owner shall make
 984      payment to the division corporation in an amount equal to the
 985      amount the mobile home owner is entitled to under this
 986      subsection. The mobile home owner's application for funds under
 987      this subsection shall require the submission of a document
 988      signed by the park owner stating that the home has been
 989      abandoned under this subsection and that the park owner agrees
 990      to make payment to the division corporation in the amount
 991      provided to the home owner under this subsection. However, in
 992      the event that the required documents are not submitted with the
 993      application, the division corporation may consider the facts and
 994      circumstances surrounding the abandonment of the home to
 995      determine whether the mobile home owner is entitled to payment
 996      pursuant to this subsection. The mobile home owner is not
 997      entitled to any compensation under this subsection if there is a
 998      pending eviction action for nonpayment of lot rental amount
 999      pursuant to s. 723.061(1)(a) which was filed against him or her
1000      prior to the mailing date of the notice of change in the use of

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          CS/HB 1335                                                                                           2024




1001      the mobile home park given pursuant to s. 723.061(1)(d).
1002              (8)         The division Florida Mobile Home Relocation
1003      Corporation may shall not be liable to any person for recovery
1004      if funds are insufficient to pay the amounts claimed. In any
1005      such event, the division corporation shall keep a record of the
1006      time and date of its approval of payment to a claimant. If
1007      sufficient funds become available, the division corporation must
1008      shall pay the claimant whose unpaid claim is the earliest by
1009      time and date of approval.
1010              (9)         Any person whose application for funding pursuant to
1011      subsection (1) or subsection (7) is approved for payment by the
1012      division corporation is shall be barred from asserting any claim
1013      or cause of action under this chapter directly relating to or
1014      arising out of the change in use of the mobile home park against
1015      the division corporation, the park owner, or the park owner's
1016      successors in interest. An No application for funding pursuant
1017      to subsection (1) or subsection (7) may not shall be approved by
1018      the division corporation if the applicant has filed a claim or
1019      cause of action, is actively pursuing a claim or cause of
1020      action, has settled a claim or cause of action, or has a
1021      judgment against the division corporation, the park owner, or
1022      the park owner's successors in interest under this chapter
1023      directly relating to or arising out of the change in use of the
1024      mobile home park, unless such claim or cause of action is
1025      dismissed with prejudice.

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          CS/HB 1335                                                                                           2024




1026              (11)        In an action to enforce the provisions of this
1027      section and ss. 723.0611, 723.06115, and 723.06116, the
1028      prevailing party is entitled to reasonable attorney attorney's
1029      fees and costs.
1030              (12)        An application to the division corporation for
1031      compensation under subsection (1) or subsection (7) must be
1032      received within 1 year after the expiration of the eviction
1033      period as established in the notice required under s.
1034      723.061(1)(d). If the applicant files a claim or cause of action
1035      that disqualifies the applicant under subsection (9) and the
1036      claim is subsequently dismissed, the application must be
1037      received within 6 months following filing of the dismissal with
1038      prejudice as required under subsection (9). However, such an
1039      applicant must apply within 2 years after the expiration of the
1040      eviction period as established in the notice required under s.
1041      723.061(1)(d).
1042              Section 26.           Paragraph (a) of subsection (4) of section
1043      20.165, Florida Statutes, is amended to read:
1044              20.165       Department of Business and Professional
1045      Regulation.—There is created a Department of Business and
1046      Professional Regulation.
1047              (4)(a)       The following boards and programs are established
1048      within the Division of Professions:
1049              1.      Board of Architecture and Interior Design, crea ted
1050      under part I of chapter 481.

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          CS/HB 1335                                                                                           2024




1051              2.      Florida Board of Auctioneers, created under part VI of
1052      chapter 468.
1053              3.      Barbers' Board, created under chapter 476.
1054              4.      Florida Building Code Administrators and Inspectors
1055      Board, created under part XII of chapter 468.
1056              5.      Construction Industry Licensing Board, created under
1057      part I of chapter 489.
1058              6.      Board of Cosmetology, created under chapter 477.
1059              7.      Electrical Contractors' Licensing Board, created under
1060      part II of chapter 489.
1061              8.      Employee leasing companies licensing program Board of
1062      Employee Leasing Companies, created under part XI of chapter
1063      468.
1064              9.      Board of Landscape Architecture, created under part II
1065      of chapter 481.
1066              10.         Board of Pilot Commissioners, created under chapter
1067      310.
1068              11.         Board of Professional Engineers, created under chapter
1069      471.
1070              12.         Board of Professional Geologists, created under
1071      chapter 492.
1072              13.         Board of Veterinary Medicine, created under chapter
1073      474.
1074              14.         Home inspection services licensing program, created
1075      under part XV of chapter 468.

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          CS/HB 1335                                                                                           2024




1076              15.         Mold-related services licensing program, created under
1077      part XVI of chapter 468.
1078              Section 27.            Subsection (2) of section 210.16, Florida
1079      Statutes, is amended to read:
1080              210.16        Revocation or suspension of permit.—
1081              (2)         The division shall revoke the permit or permits of any
1082      person who would be ineligible to obtain a new license or renew
1083      a license by reason of any of the conditions for permitting
1084      provided in s. 210.15(1)(d)1.-6. s. 210.15(1)(c)1.-6.
1085              Section 28.            Paragraph (uuu) of subsection (7) of section
1086      212.08, Florida Statutes, is amended to read:
1087              212.08        Sales, rental, use, consumption, distribution, and
1088      storage tax; specified exemptions.—The sale at retail, the
1089      rental, the use, the consumption, the distribution, and the
1090      storage to be used or consumed in this state of the following
1091      are hereby specifically exempt from the tax imposed by this
1092      chapter.
1093              (7)         MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
1094      entity by this chapter do not inure to any transaction that is
1095      otherwise taxable under this chapter when payment is made by a
1096      representative or employee of the entity by any means,
1097      including, but not limited to, cash, check, or credit card, even
1098      when that representative or employee is subsequently reimbursed
1099      by the entity. In addition, exemptions provided to any entity by
1100      this subsection do not inure to any transaction that is

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          CS/HB 1335                                                                                           2024




1101      otherwise taxable under this chapter unless the entity has
1102      obtained a sales tax exemption certificate from the department
1103      or the entity obtains or provides other documentation as
1104      required by the department. Eligible purchases or leases made
1105      with such a certificate must be in strict compliance with this
1106      subsection and departmental rules, and any person who makes an
1107      exempt purchase with a certificate that is not in strict
1108      compliance with this subsection and the rules is liable for and
1109      shall pay the tax. The department may adopt rules to administer
1110      this subsection.
1111              (uuu)        Small private investigative agencies.—
1112              1.      As used in this paragraph, the term:
1113              a.      "Private investigation services" has the same meaning
1114      as "private investigation," as defined in s. 493.6101(17).
1115              b.      "Small private investigative agency" means a private
1116      investigator licensed under s. 493.6201 which:
1117              (I)         Employs three or fewer full-time or part-time
1118      employees, including those performing services pursuant to an
1119      employee leasing arrangement as defined in s. 468.520(3) s.
1120      468.520(4), in total; and
1121              (II)        During the previous calendar year, performed private
1122      investigation services otherwise taxable under this chapter in
1123      which the charges for the services performed were less than
1124      $150,000 for all its businesses related through common
1125      ownership.

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          CS/HB 1335                                                                                           2024




1126              2.      The sale of private investigation services by a small
1127      private investigative agency to a client is exempt from the tax
1128      imposed by this chapter.
1129              3.      The exemption provided by this paragraph may not apply
1130      in the first calendar year a small private investigative agency
1131      conducts sales of private investigation services taxable under
1132      this chapter.
1133              Section 29.           Paragraph (a) of subsection (19) of section
1134      440.02, Florida Statutes, is amended to read:
1135              440.02       Definitions.—When used in this chapter, unless the
1136      context clearly requires otherwise, the following terms shall
1137      have the following meanings:
1138              (19)(a)       "Employer" means the state and all political
1139      subdivisions thereof, all public and quasi-public corporations
1140      therein, every person carrying on any employment, and the legal
1141      representative of a deceased person or the receiver or trustees
1142      of any person. The term also includes employee leasing
1143      companies, as defined in s. 468.520(4) s. 468.520(5), and
1144      employment agencies that provide their own employees to other
1145      persons. If the employer is a corporation, parties in actual
1146      control of the corporation, including, but not limited to, the
1147      president, officers who exercise broad corporate powers,
1148      directors, and all shareholders who directly or indirectly own a
1149      controlling interest in the corporation, are considered the
1150      employer for the purposes of ss. 440.105, 440.106, and 440.107.

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          CS/HB 1335                                                                                           2024




1151              Section 30.            Section 448.26, Florida Statutes, is amended
1152      to read:
1153              448.26        Application.—Nothing in this part shall exempt any
1154      client of any labor pool or temporary help arrangement entity as
1155      defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
1156      employee from any other license requirements of state, local, or
1157      federal law. Any employee assigned to a client who is licensed,
1158      registered, or certified pursuant to law shall be deemed an
1159      employee of the client for such licensure purposes but shall
1160      remain an employee of the labor pool or temporary help
1161      arrangement entity for purposes of chapters 440 and 443.
1162              Section 31.            Subsection (2) of section 468.520, Florida
1163      Statutes, is amended to read:
1164              468.520        Definitions.—As used in this part:
1165              (2)         "Board" means the Board of Employee Leasing Companies.
1166              Section 32.            Section 468.522, Florida Statutes, is amended
1167      to read:
1168              468.522        Rules of the board.—The department may board has
1169      authority to adopt rules pursuant to ss. 120.536(1) and 120.54
1170      to implement the provisions of this part. Every licensee shall
1171      be governed and controlled by this part and the rules adopted by
1172      the department board.
1173              Section 33.            Subsections (2) and (4) of section 468.524,
1174      Florida Statutes, are amended to read:
1175              468.524        Application for license.—

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          CS/HB 1335                                                                                           2024




1176              (2)         The department board may require information and
1177      certifications necessary to determine that the applicant is of
1178      good moral character and meets other licensure requirements of
1179      this part.
1180              (4)         An applicant or licensee is ineligible to reapply for
1181      a license for a period of 1 year following final agency action
1182      on the denial or revocation of a license applied for or issued
1183      under this part. This time restriction does not apply to
1184      administrative denials or revocations entered because:
1185              (a)         The applicant or licensee has made an inadvertent
1186      error or omission on the application;
1187              (b)         The experience documented to the department board was
1188      insufficient at the time of the previous application;
1189              (c)         The department is unable to complete the criminal
1190      background investigation because of insufficient information
1191      from the Florida Department of Law Enforcement, the Federal
1192      Bureau of Investigation, or any other applicable law enforcement
1193      agency;
1194              (d)         The applicant or licensee has failed to submit
1195      required fees; or
1196              (e)         An applicant or licensed employee leasing company has
1197      been deemed ineligible for a license because of the lack of good
1198      moral character of an individual or individuals when such
1199      individual or individuals are no longer employed in a capacity
1200      that would require their licensing under this part.

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          CS/HB 1335                                                                                           2024




1201              Section 34.             Section 468.5245, Florida Statutes, is amended
1202      to read:
1203              468.5245           Change of ownership.—
1204              (1)         A license or registration issued to any entity under
1205      this part may not be transferred or assigned. The department
1206      board shall adopt rules to provide for a licensee's or
1207      registrant's change of name or location.
1208              (2)         A person or entity that seeks to purchase or acquire
1209      control of an employee leasing company or group licensed or
1210      registered under this part must first apply to the department
1211      board for a certificate of approval for the proposed change of
1212      ownership. However, prior approval is not required if, at the
1213      time the purchase or acquisition occurs, a controlling per son of
1214      the employee leasing company or group maintains a controlling
1215      person license under this part. Notification must be provided to
1216      the department board within 30 days after the purchase or
1217      acquisition of such company in the manner prescribed by the
1218      department board.
1219              (3)         Any application that is submitted to the department
1220      board under this section is shall be deemed approved if the
1221      department board has not approved the application or rejected
1222      the application, and provided the applicant with the basis for a
1223      rejection, within 90 days after the receipt of the completed
1224      application.
1225              (4)         The department board shall establish filing fees for a

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          CS/HB 1335                                                                                           2024




1226      change-of-ownership application in accordance with s.
1227      468.524(1).
1228              Section 35.            Subsections (2) and (3) of section 468.525,
1229      Florida Statutes, are amended to read:
1230              468.525        License requirements.—
1231              (2)(a)        As used in this part, "good moral character" means
1232      a personal history of honesty, trustworthiness, fairness, a good
1233      reputation for fair dealings, and respect for the r ights of
1234      others and for the laws of this state and nation. A thorough
1235      background investigation of the individual's good moral
1236      character shall be instituted by the department. Such
1237      investigation shall require:
1238              1.      The submission of fingerprints, for processing through
1239      appropriate law enforcement agencies, by the applicant and the
1240      examination of police records by the department board.
1241              2.      Such other investigation of the individual as the
1242      department board may deem necessary.
1243              (b)         The department board may deny an application for
1244      licensure or renewal citing lack of good moral character.
1245      Conviction of a crime within the last 7 years does shall not
1246      automatically bar any applicant or licensee from obtaining a
1247      license or continuing as a licensee. The department board shall
1248      consider the type of crime committed, the crime's relevancy to
1249      the employee leasing industry, the length of time since the
1250      conviction and any other factors deemed relevant by the

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          CS/HB 1335                                                                                           2024




1251      department board.
1252              (3)         Each employee leasing company licensed by the
1253      department shall have a registered agent for service of process
1254      in this state and at least one licensed controlling person. In
1255      addition, each licensed employee leasing company shall comply
1256      with the following requirements:
1257              (a)         The employment relationship with workers provided by
1258      the employee leasing company to a client company shall be
1259      established by written agreement between the leasing company and
1260      the client, and written notice of that relationship shall be
1261      given by the employee leasing company to each worker who is
1262      assigned to perform services at the client company's worksite.
1263              (b)         An applicant for an initial employee leasing company
1264      license shall have a tangible accounting net worth of not less
1265      than $50,000.
1266              (c)         An applicant for initial or renewal license of an
1267      employee leasing company license or employee leasing company
1268      group shall have an accounting net worth or shall have
1269      guaranties, letters of credit, or other security acceptable to
1270      the department board in sufficient amounts to offset any
1271      deficiency. A guaranty will not be acceptable to satisfy this
1272      requirement unless the applicant submits sufficient evidence to
1273      satisfy the department board that the guarantor has adequate
1274      resources to satisfy the obligation of the guaranty.
1275              (d)         Each employee leasing company shall maintain an

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          CS/HB 1335                                                                                           2024




1276      accounting net worth and positive working capital, as determined
1277      in accordance with generally accepted accounting principles, or
1278      shall have guaranties, letters of credit, or other security
1279      acceptable to the department board in sufficient amounts to
1280      offset any deficiency. A guaranty will not be acceptable to
1281      satisfy this requirement unless the licensee submits sufficient
1282      evidence, as defined by rule, that the guarantor has adequate
1283      resources to satisfy the obligation of the guaranty. In
1284      determining the amount of working capital, a licensee shall
1285      include adequate reserves for all taxes and insurance, including
1286      plans of self-insurance or partial self-insurance for claims
1287      incurred but not paid and for claims incurred but not repo rted.
1288      Compliance with the requirements of this paragraph is subject to
1289      verification by department or board audit.
1290              (e)         Each employee leasing company or employee leasing
1291      company group shall submit annual financial statements audited
1292      by an independent certified public accountant, with the
1293      application and within 120 days after the end of each fiscal
1294      year, in a manner and time prescribed by the department board,
1295      provided however, that any employee leasing company or employee
1296      leasing company group with gross Florida payroll of less than
1297      $2.5 million during any fiscal year may submit financial
1298      statements reviewed by an independent certified public
1299      accountant for that year.
1300              (f)         The licensee shall notify the department or board in

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          CS/HB 1335                                                                                           2024




1301      writing within 30 days after any change in the application or
1302      status of the license.
1303              (g)         Each employee leasing company or employee leasing
1304      company group shall maintain accounting and employment records
1305      relating to all employee leasing activities for a minimum of 3
1306      calendar years.
1307              Section 36.            Subsections (3) and (5) of section 468.526,
1308      Florida Statutes, are amended to read:
1309              468.526        License required; fees.—
1310              (3)         Each employee leasing company and employee leasing
1311      company group licensee shall pay to the department upon the
1312      initial issuance of a license and upon each renewal thereafter a
1313      license fee not to exceed $2,500 to be established by the
1314      department board. In addition to the license fee, the department
1315      board shall establish an annual assessment for each employee
1316      leasing company and each employee leasing company group
1317      sufficient to cover all costs for regulation of the profession
1318      pursuant to this chapter, chapter 455, and any other applicable
1319      provisions of law. The annual assessment shall:
1320              (a)         Be due and payable upon initial licensure and
1321      subsequent renewals thereof and 1 year before the expiration of
1322      any licensure period; and
1323              (b)         Be based on a fixed percentage, variable classes, or a
1324      combination of both, as determined by the department board, of
1325      gross Florida payroll for employees leased to clients by the

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          CS/HB 1335                                                                                           2024




1326      applicant or licensee during the period beginning five quarters
1327      before and ending one quarter before each assessment. It is the
1328      intent of the Legislature that the greater weight of total fees
1329      for licensure and assessments should be on larger companies and
1330      groups.
1331              (5)         Each controlling person licensee shall pay to the
1332      department upon the initial issuance of a license and upon each
1333      renewal thereafter a license fee to be established by the
1334      department board in an amount not to exceed $2,000.
1335              Section 37.             Subsection (1) of section 468.527, Florida
1336      Statutes, is amended to read:
1337              468.527        Licensure and license renewal.—
1338              (1)         The department shall license any applicant who the
1339      department board certifies is qualified to practice employee
1340      leasing as an employee leasing company, employee leasing company
1341      group, or controlling person.
1342              Section 38.             Subsection (2) of section 468.5275, Florida
1343      Statutes, is amended to read:
1344              468.5275           Registration and exemption of de minimis
1345      operations.—
1346              (2)         A registration is valid for 1 year. Each registrant
1347      shall pay to the department upon initial registration, and upon
1348      each renewal thereafter, a registration fee to be established by
1349      the department board in an amount not to exceed:
1350              (a)         Two hundred and fifty dollars for an employee leasing

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          CS/HB 1335                                                                                           2024




1351      company.
1352              (b)         Five hundred dollars for an employee leasing company
1353      group.
1354              Section 39.            Subsections (2), (4), and (5) of section
1355      468.529, Florida Statutes, are amended to read:
1356              468.529        Licensee's insurance; employment tax; benefit
1357      plans.—
1358              (2)         An initial or renewal license may not be issued to any
1359      employee leasing company unless the employee leasing com pany
1360      first files with the department board evidence of workers'
1361      compensation coverage for all leased employees in this state.
1362      Each employee leasing company shall maintain and make available
1363      to its workers' compensation carrier the following information:
1364              (a)         The correct name and federal identification number of
1365      each client company.
1366              (b)         A listing of all covered employees provided to each
1367      client company, by classification code.
1368              (c)         The total eligible wages by classification code and
1369      the premiums due to the carrier for the employees provided to
1370      each client company.
1371              (4)         An initial or renewal license may not be issued to any
1372      employee leasing company unless the employee leasing company
1373      first provides evidence to the department board, as required by
1374      department board rule, that the employee leasing company has
1375      paid all of the employee leasing company's obligations for

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          CS/HB 1335                                                                                           2024




1376      payroll, payroll-related taxes, workers' compensation insurance,
1377      and employee benefits. All disputed amounts must be disclosed in
1378      the application.
1379              (5)         The provisions of this section are subject to
1380      verification by department or board audit.
1381              Section 40.            Subsections (3) and (4) of section 468.530,
1382      Florida Statutes, are amended to read:
1383              468.530        License, contents; posting.—
1384              (3)         No license shall be valid for any person or entity who
1385      engages in the business under any name other than that specified
1386      in the license. A license issued under this part is shall not be
1387      assignable, and no licensee may conduct a business under a
1388      fictitious name without prior written authorization of the
1389      department board to do so. The department board may not
1390      authorize the use of a name which is so similar to that of a
1391      public officer or agency, or of that used by another licensee,
1392      that the public may be confused or misled thereby. No licensee
1393      shall be permitted to conduct business under more than one name
1394      unless it has obtained a separate license. A licensee desiring
1395      to change its licensed name at any time except upon license
1396      renewal shall notify the department board and pay a fee not to
1397      exceed $50 for each authorized change of name.
1398              (4)         Each employee leasing company or employee leasing
1399      company group licensed under this part shall be properly
1400      identified in all advertisements, which must include the license

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          CS/HB 1335                                                                                           2024




1401      number, licensed business name, and other appropriate
1402      information in accordance with department rules established by
1403      the board.
1404              Section 41.            Subsection (1) of section 468.531, Florida
1405      Statutes, is amended to read:
1406              468.531         Prohibitions; penalties.—
1407              (1)         No person or entity shall:
1408              (a)         Practice or offer to practice as an employee leasing
1409      company, an employee leasing company group, or a controlling
1410      person unless such person or entity is licensed pursuant to this
1411      part;
1412              (b)         Practice or offer to practice as an employee l easing
1413      company or employee leasing company group unless all controlling
1414      persons thereof are licensed pursuant to this part;
1415              (c)         Use the name or title "licensed employee leasing
1416      company," "employee leasing company," "employee leasing company
1417      group," "professional employer," "professional employer
1418      organization," "controlling person," or words that would tend to
1419      lead one to believe that such person or entity is registered
1420      pursuant to this part, when such person or entity has not
1421      registered pursuant to this part;
1422              (d)         Present as his or her own or his or her entity's own
1423      the license of another;
1424              (e)         Knowingly give false or forged evidence to the
1425      department board or a member thereof; or

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          CS/HB 1335                                                                                           2024




1426              (f)         Use or attempt to use a license that has been
1427      suspended or revoked.
1428              Section 42.            Subsections (1), (2), and (4) of section
1429      468.532, Florida Statutes, are amended to read:
1430              468.532        Discipline.—
1431              (1)         The following constitute grounds for which
1432      disciplinary action against a licensee may be taken by the
1433      department board:
1434              (a)         Being convicted or found guilty of, or entering a plea
1435      of nolo contendere to, regardless of adjudication, bribery,
1436      fraud, or willful misrepresentation in obtaining, attempting to
1437      obtain, or renewing a license.
1438              (b)         Being convicted or found guilty of, or entering a plea
1439      of nolo contendere to, regardless of adjudication, a crime in
1440      any jurisdiction which relates to the operation of an employee
1441      leasing business or the ability to engage in business as an
1442      employee leasing company.
1443              (c)         Being convicted or found guilty of, or entering a plea
1444      of nolo contendere to, regardless of adjudication, fraud,
1445      deceit, or misconduct in the classification of employees
1446      pursuant to chapter 440.
1447              (d)         Being convicted or found guilty of, or entering a plea
1448      of nolo contendere to, regardless of adjudication, fraud,
1449      deceit, or misconduct in the establishment or maintenance of
1450      self-insurance, be it health insurance or workers' compensation

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          CS/HB 1335                                                                                           2024




1451      insurance.
1452              (e)         Being convicted or found guilty of, or entering a plea
1453      of nolo contendere to, regardless of adjudication, fraud,
1454      deceit, or misconduct in the operation of an employee leasing
1455      company.
1456              (f)         Conducting business without an active license.
1457              (g)         Failing to maintain workers' compensation insurance as
1458      required in s. 468.529.
1459              (h)         Transferring or attempting to transfer a license
1460      issued pursuant to this part.
1461              (i)         Violating any provision of this part or any lawful
1462      order or rule issued under the provisions of this part or
1463      chapter 455.
1464              (j)         Failing to notify the department board, in writing, of
1465      any change of the primary business address or the addresses of
1466      any of the licensee's offices in the state.
1467              (k)         Having been confined in any county jail,
1468      postadjudication, or being confined in any state or federal
1469      prison or mental institution, or when through mental disease or
1470      deterioration, the licensee can no longer safely be entrusted to
1471      deal with the public or in a confidential capacity.
1472              (l)         Having been found guilty for a second time of any
1473      misconduct that warrants suspension or being found guilty of a
1474      course of conduct or practices which shows that the licensee is
1475      so incompetent, negligent, dishonest, or untruthful that the

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          CS/HB 1335                                                                                           2024




1476      money, property, transactions, and rights of investors, or those
1477      with whom the licensee may sustain a confidential relat ionship,
1478      may not safely be entrusted to the licensee.
1479              (m)         Failing to inform the department board in writing
1480      within 30 days after being convicted or found guilty of, or
1481      entering a plea of nolo contendere to, any felony, regardless of
1482      adjudication.
1483              (n)         Failing to conform to any lawful order of the
1484      department board.
1485              (o)         Being determined liable for civil fraud by a court in
1486      any jurisdiction.
1487              (p)         Having adverse material final action taken by any
1488      state or federal regulatory agency for violations within the
1489      scope of control of the licensee.
1490              (q)         Failing to inform the department board in writing
1491      within 30 days after any adverse material final action by a
1492      state or federal regulatory agency.
1493              (r)         Failing to meet or maintain the requirements for
1494      licensure as an employee leasing company or controlling person.
1495              (s)         Engaging as a controlling person any person who is not
1496      licensed as a controlling person by the department board.
1497              (t)         Attempting to obtain, obtaining, or renewing a license
1498      to practice employee leasing by bribery, misrepresentation, or
1499      fraud.
1500              (2)         When the department board finds any violation of

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          CS/HB 1335                                                                                           2024




1501      subsection (1), it may do one or more of the following:
1502              (a)         Deny an application for licensure.
1503              (b)         Permanently revoke, suspend, restrict, or not renew a
1504      license.
1505              (c)         Impose an administrative fine not to exceed $5,000 for
1506      every count or separate offense.
1507              (d)         Issue a reprimand.
1508              (e)         Place the licensee on probation for a period of time
1509      and subject to such conditions as the department board may
1510      specify.
1511              (f)         Assess costs associated with investigation and
1512      prosecution.
1513              (4)         The department board shall specify the penalties for
1514      any violation of this part.
1515              Section 43.            Paragraph (a) of subsection (6) of section
1516      476.144, Florida Statutes, is amended to read:
1517              476.144        Licensure.—
1518              (6)         A person may apply for a restricted license to
1519      practice barbering. The board shall adopt rules specifying
1520      procedures for an applicant to obtain a restricted license if
1521      the applicant:
1522              (a)1.        Has successfully completed a restricted barber
1523      course, as established by rule of the board, at a school of
1524      barbering licensed pursuant to chapter 1005, a barbering program
1525      within the public school system, or a government-operated

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          CS/HB 1335                                                                                           2024




1526      barbering program in this state; or
1527              2.a.        Holds or has within the previous 5 years held an
1528      active valid license to practice barbering in another state or
1529      country or has held a Florida barbering license which has been
1530      declared null and void for failure to renew the license, and the
1531      applicant fulfilled the requirements of s. 476.114(2)(c) s.
1532      476.114(2)(c)2. for initial licensure; and
1533              b.      Has not been disciplined relating to the practice of
1534      barbering in the previous 5 years; and
1535
1536      The restricted license shall limit the licensee's practice to
1537      those specific areas in which the applicant has demonstrated
1538      competence pursuant to rules adopted by the board.
1539              Section 44.            Paragraph (a) of subsection (2) of section
1540      627.192, Florida Statutes, is amended to read:
1541              627.192        Workers' compensation insurance; employee leasing
1542      arrangements.—
1543              (2)         For purposes of the Florida Insurance Code:
1544              (a)         "Employee leasing" shall have the same meaning as set
1545      forth in s. 468.520(3) s. 468.520(4).
1546              Section 45.            For the purpose of incorporating the amendment
1547      made by this act to section 723.061, Florida Statutes, in a
1548      reference thereto, subsection (1) of section 48.184, Florida
1549      Statutes, is reenacted to read:
1550              48.184        Service of process for removal of unknown parties

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          CS/HB 1335                                                                                           2024




1551      in possession.—
1552              (1)         This section applies only to actions governed by s.
1553      82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent
1554      that such actions seek relief for the removal of an unknown
1555      party or parties in possession of real property. The provisions
1556      of this section are cumulative to other provisions of law or
1557      rules of court about service of process, and all other such
1558      provisions are cumulative to this section.
1559              Section 46.            For the purpose of incorporating the amendment
1560      made by this act to section 723.061, Florida Statutes, in a
1561      reference thereto, subsection (5) of section 723.004, Florida
1562      Statutes, is reenacted to read:
1563              723.004        Legislative intent; preemption of subject matter. —
1564              (5)         Nothing in this chapter shall be construed to prevent
1565      the enforcement of a right or duty under this section, s.
1566      723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s.
1567      723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s.
1568      723.062, s. 723.063, or s. 723.081 by civil action after the
1569      party has exhausted its administrative remedies, if any.
1570              Section 47.            For the purpose of incorporating the amendment
1571      made by this act to section 723.061, Florida Statutes, in a
1572      reference thereto, subsection (9) of section 723.031, Florida
1573      Statutes, is reenacted to read:
1574              723.031        Mobile home lot rental agreements.—
1575              (9)         No rental agreement shall provide for the eviction of

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          CS/HB 1335                                                                                           2024




1576      a mobile home owner on a ground other than one contained in s.
1577      723.061.
1578              Section 48.            For the purpose of incorporating the amendment
1579      made by this act to section 723.061, Florida Statutes, in a
1580      reference thereto, subsection (1) of section 723.032, Florida
1581      Statutes, is reenacted to read:
1582              723.032        Prohibited or unenforceable provisions in mobile
1583      home lot rental agreements.—
1584              (1)         A mobile home lot rental agreement may provide a
1585      specific duration with regard to the amount of rent al payments
1586      and other conditions of the tenancy, but the rental agreement
1587      shall neither provide for, nor be construed to provide for, the
1588      termination of any tenancy except as provided in s. 723.061.
1589              Section 49.            For the purpose of incorporating the amendment
1590      made by this act to section 723.061, Florida Statutes, in a
1591      reference thereto, subsection (2) of section 723.085, Florida
1592      Statutes, is reenacted to read:
1593              723.085        Rights of lienholder on mobile homes in rental
1594      mobile home parks.—
1595              (2)         Upon the foreclosure of the lien for unpaid purchase
1596      price and sale of the mobile home, the owner of the mobile home
1597      must qualify for tenancy in the mobile home park in accordance
1598      with the rules and regulations of the mobile home park. The park
1599      owner shall comply with the provisions of s. 723.061 in
1600      determining whether the homeowner may qualify as a tenant.

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          CS/HB 1335                                                                                           2024




1601              Section 50.            For the purpose of incorporating the amendment
1602      made by this act to section 723.06115, Florida Statutes, in a
1603      reference thereto, subsection (1) of section 320.08015, Florida
1604      Statutes, is reenacted to read:
1605              320.08015          License tax surcharge.—
1606              (1)         Except as provided in subsection (2), there is levied
1607      on each license tax imposed under s. 320.08(11) a surcharge in
1608      the amount of $1, which shall be collected in the same manner as
1609      the license tax and shall be deposited in the Florida Mobile
1610      Home Relocation Trust Fund, as created in s. 723.06115. This
1611      surcharge may not be imposed during the next registration and
1612      renewal period if the balance in the Florida Mobile Home
1613      Relocation Trust Fund exceeds $10 million on June 30. The
1614      surcharge shall be reinstated in the next registration and
1615      renewal period if the balance in the Florida Mobile Home
1616      Relocation Trust Fund is below $6 million on June 30.
1617              Section 51.            For the 2024-2025 fiscal year, the sum of
1618      $95,000 in recurring funds is appropriated from the Florida
1619      Mobile Home Relocation Trust Fund to the Department of Business
1620      and Professional Regulation for the purpose of implementing this
1621      act.
1622              Section 52.            This act shall take effect July 1, 2024.




                                                       Page 65 of 65

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb1335-01-c1
                                COMMERCE COMMITTEE

                          CS/HB 1335 by Rep. Maggard
                Department of Business and Professional Regulation

                                AMENDMENT SUMMARY
                                  February 15, 2024


Amendment 1 by Rep. Maggard (line 371):
  • Clarifies that an exclusion from engineering licensing requirements applies to all
     business organizations, not just corporations.

Amendment 2 by Rep. Maggard (lines 489-1041):
  • Removes provisions relating to mobile homes.
  • Removes a provision relating to real estate professionals.
  • Removes an appropriation related to mobile homes.
  • Reduces a lookback period relating to criminal history that may be used to disqualify an
     applicant for a license under the Beverage Law, to 10 years prior to applying for such a
     license for a conviction for a felony, from 15 years.

Amendment 3 by Rep. Maggard (line 1546):
  • Removes provisions relating to mobile homes.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335    (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Maggard offered the following:
 3
 4          Amendment (with title amendment)
 5          Between lines 371 and 372, insert:
 6          Section 1.   Paragraph (c) of subsection (2) of section
 7     471.003, Florida Statutes, is amended to read:
 8          471.003   Qualifications for practice; exemptions.—
 9          (2)    The following persons are not required to be licensed
10     under the provisions of this chapter as a licensed engineer:
11          (c)    Regular full-time employees of a business organization
12     corporation not engaged in the practice of engineering as such,
13     whose practice of engineering for such business organization
14     corporation is limited to the design or fabrication of
15     manufactured products and servicing of such products.
16
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335   (2024)
       Amendment No. 1


17
18           -----------------------------------------------------
19                       T I T L E    A M E N D M E N T
20          Remove line 51 and insert:
21     469, F.S.; amending s. 471.003, F.S.; clarifying a provision;
22     amending s. 473.306, F.S.; requiring




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335     (2024)
       Amendment No. 2




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


 1     Committee/Subcommittee hearing bill:        Commerce Committee
 2     Representative Maggard offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 489-1041 and insert:
 6          Section 13.    Subsections (2) and (3) of section 476.114,
 7     Florida Statutes, are amended to read:
 8          476.114    Examination; prerequisites.—
 9          (2)     An applicant is shall be eligible for licensure by
10     examination to practice barbering if the applicant:
11          (a)     Is at least 16 years of age;
12          (b)     Pays the required application fee; and
13          (c)1.     Holds an active valid license to practice barbering
14     in another state, has held the license for at least 1 year, and
15     does not qualify for licensure by endorsement as provided for i n
16     s. 476.144(5); or
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335     (2024)
       Amendment No. 2


17          2.     Has received a minimum of 900 hours of training in
18     sanitation, safety, and laws and rules, as established by the
19     board, which must shall include, but is shall not be limited to,
20     the equivalent of completion of services directly rel ated to the
21     practice of barbering at one of the following:
22          1.a.    A school of barbering licensed pursuant to chapter
23     1005;
24          2.b.    A barbering program within the public school system;
25     or
26          3.c.    A government-operated barbering program in this
27     state.
28
29     The board shall establish by rule procedures whereby the school
30     or program may certify that a person is qualified to take the
31     required examination after the completion of a minimum of 600
32     actual school hours. If the person passes the examination, she
33     or he has shall have satisfied this requirement; but if the
34     person fails the examination, she or he may shall not be
35     qualified to take the examination again until the completion of
36     the full requirements provided by this section.
37          (3)     An applicant who meets the requirements set forth in
38     paragraph (2)(c) subparagraphs (2)(c)1. and 2. who fails to pass
39     the examination may take subsequent examinations as many times
40     as necessary to pass, except that the board may specify by rule
41     reasonable timeframes for rescheduling the examination and
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335   (2024)
       Amendment No. 2


42     additional training requirements for applicants who, after the
43     third attempt, fail to pass the examination. Prior to
44     reexamination, the applicant must file the appropriate form and
45     pay the reexamination fee as required by rule.
46          Section 14.    Subsection (2) of section 477.019, Florida
47     Statutes, is amended to read:
48          477.019    Cosmetologists; qualifications; licensure;
49     supervised practice; license renewal; endorsement; continuing
50     education.—
51          (2)     An applicant is shall be eligible for licensure by
52     examination to practice cosmetology if the applicant:
53          (a)     Is at least 16 years of age or has received a high
54     school diploma;
55          (b)     Pays the required application fee, which is not
56     refundable, and the required examination fee, which is
57     refundable if the applicant is determined to not be eligible for
58     licensure for any reason other than failure to successfully
59     complete the licensure examination; and
60          (c)1.     Is authorized to practice cosmetology in another
61     state or country, has been so authorized for at least 1 year,
62     and does not qualify for licensure by endorsement as provided
63     for in subsection (5); or
64          2.    Has received a minimum of 1,200 hours of training as
65     established by the board, which must shall include, but is shall
66     not be limited to, the equivalent of completion of services
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1335   (2024)
       Amendment No. 2


67     directly related to the practice of cosmetology at one of the
68     following:
69          1.a.    A school of cosmetology licensed pursuant to chapter
70     1005.
71          2.b.    A cosmetology program within the public school
72     system.
73          3.c.    The Cosmetology Division of the Florida School for
74     the Deaf and the Blind, provided the division meets the
75     standards of this chapter.
76          4.d.    A government-operated cosmetology program in this
77     state.
78
79     The board shall establish by rule procedures whereby the school
80     or program may certify that a person is qualified to take the
81     required examination after the completion of a minimum of 1,000
82     actual school hours. If the person then passes the examination,
83     he or she has shall have satisfied this requirement; but if the
84     person fails the examination, he or she may shall not be
85     qualified to take the examination again until the completion of
86     the full requirements provided by this section.
87          Section 15.   Paragraph (c) of subsection (7) of section
88     489.131, Florida Statutes, is amended to read:
89          489.131    Applicability.—
90          (7)


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


 91          (c)   In addition to any action the local jurisdiction
 92     enforcement body may take against the individual's local
 93     license, and any fine the local jurisdiction may impose, the
 94     local jurisdiction enforcement body shall issue a recommended
 95     penalty for board action. This recommended penalty may include a
 96     recommendation for no further action, or a recommendation for
 97     suspension, restitution, revocation, or restriction of the
 98     registration, or a fine to be levied by the board, or a
 99     combination thereof. The recommended penalty must specify the
100     violations of this chapter upon which the recommendation is
101     based. The local jurisdiction enforcement body shall inform the
102     disciplined contractor and the complainant of the local license
103     penalty imposed, the board penalty recommended, his or her
104     rights to appeal, and the consequences should he or she decide
105     not to appeal. The local jurisdiction enforcement body shall,
106     upon having reached adjudication or having accepted a plea of
107     nolo contendere, immediately inform the board of its action and
108     the recommended board penalty.
109          Section 16.   Subsections (3) and (6) of section 489.143,
110     Florida Statutes, are amended to read:
111          489.143   Payment from the fund.—
112          (3)   Beginning January 1, 2005, for each Division I
113     contract entered into after July 1, 2004, payment from the
114     recovery fund is subject to a $50,000 maximum payment for each
115     Division I claim. Beginning January 1, 2017, for each Division
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


116     II contract entered into on or after July 1, 2016, payment from
117     the recovery fund is subject to a $15,000 maximum payment for
118     each Division II claim. Beginning January 1, 2025, for Division
119     I and Division II contracts entered into on or after July 1,
120     2024, payment from the recovery fund is subject to a $100,000
121     maximum payment for each Division I claim and a $30,000 maximum
122     payment for each Division II claim.
123          (6)   For contracts entered into before July 1, 2004,
124     payments for claims against any one licensee may not exceed, in
125     the aggregate, $100,000 annually, up to a total aggregate of
126     $250,000. For any claim approved by the board which is in excess
127     of the annual cap, the amount in excess of $100,000 up to the
128     total aggregate cap of $250,000 is eligible for payment in the
129     next and succeeding fiscal years, but only after all claims for
130     the then-current calendar year have been paid. Payments may not
131     exceed the aggregate annual or per claimant limits under law.
132     Beginning January 1, 2005, for each Division I contract entered
133     into after July 1, 2004, payment from the recovery fund is
134     subject only to a total aggregate cap of $500,000 for each
135     Division I licensee. Beginning January 1, 2017, for each
136     Division II contract entered into on or after July 1, 2016,
137     payment from the recovery fund is subject only to a total
138     aggregate cap of $150,000 for each Division II licensee.
139     Beginning January 1, 2025, for Division I and Division II
140     contracts entered into on or after July 1, 2024, payment from
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 1335   (2024)
        Amendment No. 2


141     the recovery fund is subject only to a total aggregate cap of $2
142     million for each Division I licensee and $600,000 for each
143     Division II licensee.
144          Section 17.    Paragraph (b) of subsection (15) of section
145     499.012, Florida Statutes, is amended to read:
146          499.012     Permit application requirements.—
147          (15)
148          (b)     To be certified as a designated representative, a
149     natural person must:
150          1.     Submit an application on a form furnished by the
151     department and pay the appropriate fees.
152          2.     Be at least 18 years of age.
153          3.     Have at least 2 years of verifiable full-time:
154          a.     Work experience in a pharmacy licensed in this state or
155     another state, where the person's responsibilities included, but
156     were not limited to, recordkeeping for prescription drugs;
157          b.     Managerial experience with a prescription drug
158     wholesale distributor licensed in this state or in another
159     state; or
160          c.     Managerial experience with the United States Armed
161     Forces, where the person's responsibilities included, but were
162     not limited to, recordkeeping, warehousing, distributing, or
163     other logistics services pertaining to prescription drugs;
164          d.     Managerial experience with a state or federal
165     organization responsible for regulating or permitting
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335    (2024)
        Amendment No. 2


166     establishments involved in the distribution of prescription
167     drugs, whether in an administrative or a sworn law enforcement
168     capacity; or
169          e.    Work experience as a drug inspector or investigator
170     with a state or federal organization, whether in an
171     administrative or a sworn law enforcement capacity, where the
172     person's responsibilities related primarily to compliance with
173     state or federal requirements pertaining to the distribution of
174     prescription drugs.
175          4.    Receive a passing score of at least 75 percent on an
176     examination given by the department regarding federal laws
177     governing distribution of prescription drugs and this part and
178     the rules adopted by the department governing the wholesale
179     distribution of prescription drugs. This requirement shall be
180     effective 1 year after the results of the initial examination
181     are mailed to the persons that took the examination. The
182     department shall offer such examinations at least four times
183     each calendar year.
184          5.    Provide the department with a personal information
185     statement and fingerprints pursuant to subsection (9).
186          Section 17.   Subsection (2) of section 561.15, Florida
187     Statutes, is amended to read:
188          561.15    Licenses; qualifications required.—
189          (2)    No license under the Beverage Law shall be issued to
190     any person who has been convicted within the last past 5 years
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


191     of any offense against the beverage laws of this state, the
192     United States, or any other state; who has been convicted within
193     the last past 5 years in this state or any other state or the
194     United States of soliciting for prostitution, pandering, letting
195     premises for prostitution, or keeping a disorderly place or of
196     any criminal violation of chapter 893 or the controlled
197     substance act of any other state or the Federal Government; or
198     who has been convicted in the last past 10 15 years of any
199     felony in this state or any other state or the United States; or
200     to a corporation, any of the officers of which shall have been
201     so convicted. The term "conviction" shall include an
202     adjudication of guilt on a plea of guilty or nolo contendere or
203     the forfeiture of a bond when charged with a crime.
204          Section 18.   Subsection (5) of section 561.17, Florida
205     Statutes, is amended to read:
206          561.17   License and registration applications; approved
207     person.—
208          (5)   Any person or entity licensed or permitted by the
209     division, or applying for a license or permit, must create and
210     maintain an account with the division's online system and
211     provide an e-mail electronic mail address to the division to
212     function as the primary means of contact for all communication
213     by the division to the licensee, or permittee, or applicant.
214     Licensees, and permittees, and applicants are responsible for
215     maintaining accurate contact information on file with the
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


216     division. A person or an entity seeking a license or permit from
217     the division must apply using forms prepared by the division and
218     filed through the division's online system before engaging in
219     any business for which a license or permit is required. The
220     division may not process an application for an alcoholic
221     beverage license unless the application is submitted through the
222     division's online system.
223          Section 19.   Section 569.00256, Florida Statutes, is
224     created to read:
225          569.00256    Account; online system.—A person or an entity
226     licensed or permitted by the division under this part, or
227     applying for a license or a permit, must create and maintain an
228     account with the division's online system and provide an e-mail
229     address to the division to function as the primary means of
230     contact for all communication by the division to the licensee,
231     permittee, or applicant. Licensees, permittees, and applicants
232     are responsible for maintaining accurate contact information
233     with the division. A person or an entity seeking a license or
234     permit from the division must apply using forms prepared by the
235     division and filed through the division's online system before
236     engaging in any business for which a license or permit is
237     required. The division may not process an application to deal,
238     at retail, in tobacco products unless the application is
239     submitted through the division's online system.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


240          Section 20.    Section 569.3156, Florida Statutes, is created
241     to read:
242          569.3156     Account; online system.—A person or an entity
243     licensed or permitted by the division under this part, or
244     applying for a license or a permit, must create and maintain an
245     account with the division's online system and provide an e -mail
246     address to the division to function as the primary means of
247     contact for all communication by the division to the licensee,
248     permittee, or applicant. Licensees, permittees, and applicants
249     are responsible for maintaining accurate contact information
250     with the division. A person or an entity seeking a license or
251     permit from the division must apply using forms prepared by the
252     division and filed through the division's online system before
253     engaging in any business for which a license or permit is
254     required. The division may not process an applicati on to deal,
255     at retail, in nicotine products unless the application is
256     submitted through the division's online system.
257
258           -----------------------------------------------------
259                          T I T L E   A M E N D M E N T
260          Remove lines 68-125 and insert:
261     within a specified timeframe; amending s. 476.114, F.S.;
262     revising eligibility requirements for licensure as a barber;
263     making technical changes; amending s. 477.019, F.S.; revising
264     eligibility requirements for licensure by examination to
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335   (2024)
        Amendment No. 2


265     practice cosmetology; amending s. 489.131, F.S.; revising the
266     types of penalties that may be recommended by a local
267     jurisdiction enforcement body against a contractor; specifying
268     requirements for any such recommended penalties; amending s.
269     489.143, F.S.; revising payment limitations for payments made
270     from the department's Florida Homeowners' Construction Recovery
271     Fund; amending s. 499.012, F.S.; revising requirements for
272     certification as a designated representative of a prescription
273     drug wholesale distributor; amending s. 561.15, F.S.; reducing a
274     lookback period for criminal history for a license under the
275     Beverage Law; amending s. 561.17, F.S.; requiring persons or
276     entities licensed or permitted by the Division of Alcoholic
277     Beverages and Tobacco, or applying for such license o r permit,
278     to create and maintain an account with the division's online
279     system; specifying application requirements; prohibiting the
280     division from processing applications not submitted through the
281     online system; creating ss. 569.00256 and 569.3156, F.S.;
282     requiring certain persons or entities licensed or permitted by
283     the division, or applying for such a license or permit, to
284     create and maintain an account with the division's online
285     system; requiring licensees, permittees, and applicants to
286     provide the division with an e-mail address and maintain
287     accurate contact information; specifying application
288     requirements; prohibiting the division from processing
289     applications not submitted through the online system;
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1335    (2024)
       Amendment No. 3




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


 1     Committee/Subcommittee hearing bill:        Commerce Committee
 2     Representative Maggard offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 1546-1621
 6
 7
 8             -----------------------------------------------------
 9                          T I T L E    A M E N D M E N T
10          Remove lines 130-143 and insert:
11     provisions to changes made by the act; providing an effective
12     date.




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HB 1347
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1347 Consumer Finance Loans
SPONSOR(S): Brackett
TIED BILLS:       IDEN./SIM. BILLS: SB 1436

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                         16 Y, 0 N               Fletcher           Lloyd

  2) State Administration & Technology                        11 Y, 3 N               Perez              Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Fletcher           Hamon

                                                     SUMMARY ANALYSIS
The Florida Consumer Finance Act, ch. 516, F.S. (Act), prohibits businesses from making consumer finance
loans unless first authorized to do so under the Act. Under the Act, licensed lenders are allowed to make
secured or unsecured loans up to $25,000 with a tiered interest rate structure, such that the maximum annual
interest rate allowed on each tier decreases as principal amount increases:
     30% per annum, computed on the first $3,000 of the principal amount;
     24% per annum on that part of the principal amount exceeding $3,000 and up to $4,000; and
     18% per annum on that part of the principal amount exceeding $4,000 and up to $25,000.
The Act requires that, at the time of applying for a license, the applicant pay to the Office of Financial
Regulation (OFR) a nonrefundable biennial license fee of $625. Other than applications to renew or reactivate
a license, applicants must also pay a nonrefundable investigation fee of $200. Additionally, the Act prohibits
licensees from applying delinquency charges until a borrower has been in default for 10 days.
The bill:
    Provides a definition for the term “branch;”
    Prohibits the operation of a branch that makes consumer finance loans without first obtaining a license;
    Requires an application fee of $625 to be paid to OFR for each branch application filed;
    Increases the maximum interest rate and the amount of principal for the tiered interest rate structure,
        such that the tiered structure will be as follows:
            o 36% per annum, computed on the first $10,000 of the principal amount
            o 30% per annum on that part of the principal amount exceeding $10,000 and up to $20,000
            o 24% per annum on that part of the principal amount exceeding $20,000 and up to $25,000;
        This yields an allowable maximum interest rate for the following loan amounts:
                                                         Approximate Maximum Interest Rate
                            Loan Amount
                                                          Current               Proposed
                                $5,000                    26.4%                   36.0%
                               $10,000                    22.2%                   36.0%
                               $15,000                    20.8%                   34.0%
                               $25,000                    19.2%                   31.2%
        Changes the 10-day rule for a licensee applying delinquency charges to 12 days;
        Requires licensees that provide assistance programs during a disaster to report to OFR details of such
         assistance programs; and
        Requires licensees to annually submit to OFR reports of certain information, which OFR may publish in
         a report after anonymizing and consolidating the data for all licensees.
The bill has a negative, likely insignificant, fiscal impact on state government, no fiscal impact on local
government, and an indeterminate fiscal impact on the private sector, both positive and negative.
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: h1347d.COM
DATE: 2/13/2024
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        The Florida Office of Financial Regulation (OFR) is responsible for all activities of the Financial
        Services Commission (Commission) relating to the regulation of banks, credit unions, other financial
        institutions, finance companies, and the securities industry. 1 OFR’s Division of Consumer Finance
        (Division) licenses and regulates non-depository financial service industries and individuals, and
        conducts examinations and complaint investigations for licensed entities to determine compliance with
        Florida law.2

        The Florida Consumer Finance Act, ch. 516, F.S. (Act), prohibits individuals and entities from engaging
        in the business of making consumer finance loans unless first authorized to do so under the Act. 3 A
        consumer finance loan is defined as “a loan of money, credit, goods, or choses in action, including,
        except as otherwise specifically indicated, provision of a line of credit, in an amount or to a value of
        $25,000 or less for which the lender charges, contracts for, collects, or receives interest at a rate
        greater than 18 percent per annum.”4

        Currently, the Act provides that, at the time of applying for a license, the applicant shall pay to OFR a
        nonrefundable biennial license fee of $625.5 Applications, except for applications to renew or reactivate
        a license, must also be accompanied by a nonrefundable investigation fee of $200. 6

        The Act also prohibits licensees from applying delinquency charges until a borrower has been in default
        for 10 days.7

        Licensed lenders are allowed to make secured or unsecured loans up to $25,000 with a tiered interest
        rate structure, such that the maximum annual interest rate allowed on each tier decreases as principal
        amounts increase:
             30% per annum, computed on the first $3,000 of the principal amount;
             24% per annum on that part of the principal amount exceeding $3,000 and up to $4,000; and
             18% per annum on that part of the principal amount exceeding $4,000 and up to $25,000. 8

        This yields an allowable maximum interest rate for the following loan amounts:

                                                           Approximate Maximum
                                       Loan Amount
                                                               Interest Rate
                                           $5,000                 26.4%
                                          $10,000                 22.2%
                                          $15,000                 20.8%
                                          $25,000                 19.2%

        Effect of the Bill



1 S. 20.121(3)(a)2.,   F.S. See also Florida Office of Financial Regulation, Agency Analysis of 2024 House Bill 1347, p. 1
(Jan. 19, 2024).
2 Florida Office of Financial Regulation, Division of Consumer Finance,

https://flofr.gov/sitePages/DivisionOfConsumerFinance.htm (last visited Jan., 19, 2024).
3 S. 516.02(1), F.S.
4 S. 516.01(2), F.S.
5 S. 516.03(1), F.S.
6 Id.
7 S. 516.031(3)(a)9., F.S.
8 S. 516.031(1), F.S.
STORAGE NAME: h1347d.COM                                                                                              PAGE: 2
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       General

       The bill provides a definition for the term “branch,” namely, “any location, other than a licensee’s
       principal place of business, at which a licensee operates or conducts business … or which the licensee
       owns or controls for the purposes of conducting business….”

       The bill clarifies a person must not engage in the business of making consumer finance loans or
       operate a branch of such business unless first authorized to do so under the Act. The bill requires an
       application fee of $625 be paid to OFR for each branch application filed, which is in addition to the $625
       application fee for the branch’s principal place of business. The bill provides that applications for a
       license for the principal place of business be accompanied by a nonrefundable investigation fee of
       $200.

       Maximum Rate Increase; Delinquency Charges

       The bill retains the tiered interest rate structure but increases the maximum interest rate and the
       amount of principal for each tier, such that the tiered interest rate structure will be as follows:
           36% per annum, computed on the first $10,000 of the principal amount;
           30% per annum on that part of the principal amount exceeding $10,000 and up to $20,000; and
           24% per annum on that part of the principal amount exceeding $20,000 and up to $25,000.

       This yields an allowable maximum interest rate for the following loan amounts:

                                              Approximate Maximum Interest Rate
                      Loan Amount
                                                Current             Proposed
                            $5,000               26.4%                36.0%
                           $10,000               22.2%                36.0%
                           $15,000               20.8%                34.0%
                           $25,000               19.2%                31.2%

       Disaster Relief and Suspension of Penalties

       The bill provides that in the event of a Federal Emergency Management Agency (FEMA) response to a
       Presidential Disaster Declaration in Florida, if a licensee offers any assistance program to borrowers
       impacted by the disaster, the licensee must send to OFR a written notice within 10 days after the
       licensee’s establishment of the assistance program. The notice must include, at a minimum, the
       following:
             The licensed locations impacted by the disaster, including the physical addresses, if applicable;
             The telephone number, e-mail address, or other contact information for the licensee;
             A brief description of the assistance programs available to borrowers in the impacted areas; and
             The start date and, if known, the end date of the assistance program.

       The bill provides that assistance programs may include, but are not limited to, deferments, forbearance,
       waiver of late fees, payment modification, or changing payment due dates.

       Similarly, in the event of a FEMA response to a Presidential Disaster Declaration in Florida, the bill
       requires a licensee operating in a county designated in the disaster declaration to suspend, for a period
       of 90 days after the date of the initial declaration, all of the following:
            Application of delinquency charges;
            Repossessions of collateral pledged to loans made under the Act; and
            Filing of lawsuits for collection of amounts owed for loans made under the Act.

       Annual Reports

       The bill requires a licensee, by March 15, 2024, and annually thereafter, to file a report with OFR, in a
       form and manner prescribed by commission rule, using aggregated and anonymized data without
STORAGE NAME: h1347d.COM                                                                                   PAGE: 3
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       reference to any borrower’s nonpublic personal information. The bill requires the report to include the
       following information for the preceding calendar year:
             The number of licenses under the Act held by the licensee as of December 31st of the
               preceding calendar year;
             The number of loan originations by the licensee from all licenses held under the Act during the
               preceding calendar year;
             The total number and dollar amount of loans outstanding with the licensee from all licenses held
               under the Act as of December 31st of the preceding calendar year;
             The total number of unsecured loans as of December 31st of the preceding calendar year;
             The total number of loans separated by principal amount in the following ranges as of
               December 31st of the preceding calendar year:
                   o From $0 to $5,000
                   o From $5,001 to $10,000
                   o From $10,001 to $15,000
                   o From $15,001 to $20,000
                   o From $20,001 to $25,000;
             The total number and dollar amount of loans charged off as of December 31st of the preceding
               calendar year; and
             The total number and dollar amount of loans with delinquency status listed as:
                   o Current or less than 30 days past due.
                   o From 30 to 59 days past due.
                   o From 60 to 89 days past due.
                   o At least 90 days past due.

       The bill requires a licensee claiming that information contained in the report contains a trade secret to
       submit to OFR an accompanying affidavit designating the information claimed to be a trade secret. The
       bill allows OFR to publish a report of the information submitted if all the data published in the report are
       anonymized aggregate data from all licensees.

   B. SECTION DIRECTORY:

       Section 1.     Amends s. 516.01, F.S., relating to definitions.

       Section 2.     Amends s. 516.02, F.S., relating to loans; lines of credit; rates of interest; license.

       Section 3.     Amends s. 516.03, F.S., relating to application for license; fees; etc.

       Section 4.     Amends s. 516.031, F.S., relating to finance charge; maximum rates.

       Section 5.     Amends 516.15, F.S., relating to duties of licensee.

       Section 6.     Creates s. 516.38, F.S., relating to annual reports by licensees.

       Section 7.     Creates s. 516.39, F.S., relating to suspension of penalties and remedial measures after
                      federal disaster declaration.

       Section 8.     Reenacts s. 516.19, F.S., relating to penalties.

       Section 9.     Provides an effective date of July 1, 2024.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:


STORAGE NAME: h1347d.COM                                                                                        PAGE: 4
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               OFR estimates its revenues may decrease by as much as $5,000 per fiscal year if it no longer
               receives the background investigation fee of $200 required for each additional location once
               replaced by a branch office license requirement.9 OFR considers this to be a negligible amount
               which would not impact its operations.10 Additionally, according to OFR, the reduction in staff time
               no longer needed to review a full license application for each additional location when replaced with
               a branch office license would likely offset any loss in revenues. 11

          2. Expenditures:

               None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:

               None.

          2. Expenditures:

               None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

          The bill has an indeterminate fiscal impact on the private sector. 12 Applicants will no longer be required
          to pay a $200 background investigation fee for each additional location with the implementation of a
          branch office license.13 This may save applicants up to $5,000 per fiscal year in reduced fees. 14

          Consumers may benefit from increased opportunities to receive loans if consumer finance lenders
          issue more credit under the terms allowed by the bill, but they may also see an increase in interest
          payable on consumer finance loans, to the extent that lenders utilize higher interest rates permitted by
          the bill.

     D. FISCAL COMMENTS:

          The bill proposes to create a branch license in lieu of a full license for each additional location of a
          licensee.15 The branch licenses will not include the $200 background investigation fee and thus result in
          a fee reduction.16

          Additionally, the bill would require OFR to make technology changes to its internal licensing system to
          create a branch office license and annual reporting functionality. 17 The cost of these changes would be
          negligible and could be covered within OFR’s existing budget. 18

                                                    III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

          1. Applicability of Municipality/County Mandates Provision:

9 Office of Financial Regulation,   supra note 1.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
15 Id. at 5.
16 Id.
17 Id. at 6.
18 Id.
STORAGE NAME: h1347d.COM                                                                                       PAGE: 5
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           Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

           Article VII, sec. 19(e), of the Florida Constitution requires any bill that imposes, authorizes, or raises
           a state tax or fee must be contained in a separate bill that contains no other subject. Current law
           requires each location of a consumer finance company to pay a $625 application fee and a $200
           investigation fee. The bill requires the designation of a principal location. The principal location and
           each branch location will be subject to the current application fee, but only the principal location will
           be subject to the investigation fee. Arguably, this is merely a change in status of a location from an
           applicant location to an applicant principal location; retaining the same fee for that application. Also,
           other applicant locations will become applicant branch locations; also retaining the same fee. There
           is no case law to guide this analysis. It is unclear whether a fee bill is required.

   B. RULE-MAKING AUTHORITY:

       The bill creates a new section of statute that will require a licensee to file an annual report with OFR “in
       a form and manner prescribed by commission rule.” This section will require and sufficiently authorizes
       rulemaking. Rules 69V-160.111, 69V-160.039, and 69V-160.036, F.A.C., which adopts Disciplinary
       Guidelines for Consumer Finance Companies, will also require an update.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       Lines 238-240: As currently written, the bill requires that the annual report filed by licensees must be
       filed by March 15, 2024, and each March 15 thereafter. The effective date of the bill, however, is July 1,
       2024. The reference to “March 15, 2024” appears to be a scrivener’s error. An amendment that corrects
       the reference to read “March 15, 2025” would resolve the issue.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1347d.COM                                                                                      PAGE: 6
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           HB 1347                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to consumer finance loans; amending s.
    3                516.01, F.S.; defining the term "branch"; amending s.
    4                516.02, F.S.; prohibiting a person from operating a
    5                branch of a business making consumer finance loans
    6                before obtaining a license from the Office of
    7                Financial Regulation; amending s. 516.03, F.S.;
    8                specifying application fees for branch licenses;
    9                revising the applicability of investigation fees;
10                   making a technical change; amending s. 516.031, F.S.;
11                   revising the maximum interest rates and the
12                   calculation of interest rates on consumer finance
13                   loans; revising the minimum amount of time before
14                   which a delinquency charge for each payment in default
15                   may be imposed; amending s. 516.15, F.S.; requiring
16                   licensees offering an assistance program to borrowers
17                   after a federally declared major disaster to send a
18                   specified notice to the office within a certain
19                   timeframe; providing construction; creating s. 516.38,
20                   F.S.; requiring licensees to file annual reports with
21                   the office; providing for rulemaking by the Financial
22                   Services Commission; specifying requirements for the
23                   reports; providing requirements for a licensee
24                   claiming that submitted information contains a trade
25                   secret; authorizing the office to publish a report in

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26                a certain manner; creating s. 516.39, F.S.; requiring
27                certain licensees to suspend specified actions for a
28                certain timeframe after a federally declared disaster;
29                reenacting s. 516.19, F.S., relating to penalties, to
30                incorporate the amendments made to ss. 516.02 and
31                516.031, F.S., in references thereto; providing an
32                effective date.
33
34      Be It Enacted by the Legislature of the State of Florida:
35
36                Section 1.       Section 516.01, Florida Statutes, is amended to
37      read:
38                516.01      Definitions.—As used in this chapter, the term:
39                (1)       "Branch" means any location, other than a licensee's
40      principal place of business, at which a licensee operates or
41      conducts business under this chapter or which the licensee owns
42      or controls for the purpose of conducting business under this
43      chapter.
44                (2)(3)      "Commission" means the Financial Services
45      Commission.
46                (3)(1)      "Consumer finance borrower" or "borrower" means a
47      person who has incurred either direct or contingent liability to
48      repay a consumer finance loan.
49                (4)(2)      "Consumer finance loan" means a loan of money,
50      credit, goods, or choses in action, including, except as

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        HB 1347                                                                                               2024




51      otherwise specifically indicated, provision of a line of credit,
52      in an amount or to a value of $25,000 or less for which the
53      lender charges, contracts for, collects, or receives interest at
54      a rate greater than 18 percent per annum.
55                (5)(8)      "Control person" means an individual, partnership,
56      corporation, trust, or other organization that possesses the
57      power, directly or indirectly, to direct the management or
58      policies of a company, whether through ownership of securities,
59      by contract, or otherwise. A person is presumed to control a
60      company if, with respect to a particular company, that person:
61                (a)       Is a director, general partner, or officer exercising
62      executive responsibility or having similar status or functions;
63                (b)       Directly or indirectly may vote 10 percent or more of
64      a class of a voting security or sell or direct the sale of 10
65      percent or more of a class of voting securities; or
66                (c)       In the case of a partnership, may receive upon
67      dissolution or has contributed 10 percent or more of the
68      capital.
69                (6)(5)      "Interest" means the cost of obtaining a consumer
70      finance loan and includes any profit or advantage of any kind
71      whatsoever that a lender may charge, contract for, collect,
72      receive, or in anywise obtain, including by means of any
73      collateral sale, purchase, or agreement, as a condition for a
74      consumer finance loan. Charges specifically permitted by this
75      chapter, including commissions received for insurance written as

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         HB 1347                                                                                               2024




 76      permitted by this chapter, shall not be deemed interest.
 77                (7)(6)      "License" means a permit issued under this chapter
 78      to make and collect loans in accordance with this chapter at a
 79      single place of business.
 80                (8)(7)      "Licensee" means a person to whom a license is
 81      issued.
 82                (9)(4)      "Office" means the Office of Financial Regulation
 83      of the commission.
 84                Section 2.       Subsection (1) of section 516.02, Florida
 85      Statutes, is amended to read:
 86                516.02      Loans; lines of credit; rate of interest; license.—
 87                (1)       A person must not engage in the business of making
 88      consumer finance loans or operate a branch of such business
 89      unless she or he is authorized to do so under this chapter or
 90      other statutes and unless the person first obtains a license
 91      from the office.
 92                Section 3.       Subsection (1) of section 516.03, Florida
 93      Statutes, is amended to read:
 94                516.03      Application for license; fees; etc.—
 95                (1)       APPLICATION.—Application for a license to make loans
 96      under this chapter shall be in the form prescribed by rule of
 97      the commission. The commission may require each applicant to
 98      provide any information reasonably necessary to determine the
 99      applicant's eligibility for licensure. The applicant shall also
100      provide information that the office requires concerning any

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         HB 1347                                                                                               2024




101      officer, director, control person, member, partner, or joint
102      venturer of the applicant or any person having the same or
103      substantially similar status or performing substantially similar
104      functions or concerning any individual who is the ult imate
105      equitable owner of a 10-percent or greater interest in the
106      applicant. The office may require information concerning any
107      such applicant or person, including, but not limited to, his or
108      her full name and any other names by which he or she may have
109      been known, age, social security number, residential history,
110      qualifications, educational and business history, and
111      disciplinary and criminal history. The applicant must provide
112      evidence of liquid assets of at least $25,000 or documents
113      satisfying the requirements of s. 516.05(10). At the time of
114      making such application, the applicant shall pay to the office a
115      nonrefundable biennial license fee of $625 for the principal
116      place of business and for each branch application filed .
117      Applications for a license for the principal place of business,
118      except for applications to renew or reactivate a license, must
119      also be accompanied by a nonrefundable investigation fee of
120      $200. An application is considered received for purposes of s.
121      120.60 upon receipt of a completed application form as
122      prescribed by commission rule, a nonrefundable application fee
123      of $625, and any other fee prescribed by law. The commission may
124      adopt rules requiring electronic submission of any form,
125      document, or fee required by this chapter act if such rules

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126      reasonably accommodate technological or financial hardship. The
127      commission may prescribe by rule requirements and procedures for
128      obtaining an exemption due to a technological or financial
129      hardship.
130                Section 4.       Subsection (1) and paragraph (a) of subsection
131      (3) of section 516.031, Florida Statutes, are amended to read:
132                516.031      Finance charge; maximum rates.—
133                (1)       INTEREST RATES.—A licensee may lend any sum of money
134      up to $25,000. A licensee may not take a security interest
135      secured by land on any loan less than $1,000. The licensee may
136      charge, contract for, and receive thereon interest charges as
137      provided and authorized by this section. The maximum interest
138      rate shall be 36 30 percent per annum, computed on the first
139      $10,000 $3,000 of the principal amount; 30 24 percent per annum
140      on that part of the principal amount exceeding $10,000 $3,000
141      and up to $20,000 $4,000; and 24 18 percent per annum on that
142      part of the principal amount exceeding $20,000 $4,000 and up to
143      $25,000. The original principal amount as used in this section
144      is the same as the amount financed as defined by the federal
145      Truth in Lending Act and Regulation Z of the Board of Governors
146      of the Federal Reserve System. In determining compliance with
147      the statutory maximum interest and finance charges set forth
148      herein, the computations used shall be simple interest and not
149      add-on interest or any other computations. If two or more
150      interest rates are applied to the principal amount of a loan,

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         HB 1347                                                                                               2024




151      the licensee may charge, contract for, and receive inter est at
152      that single annual percentage rate which, if applied according
153      to the actuarial method to each of the scheduled periodic
154      balances of principal, would produce at maturity the same total
155      amount of interest as would result from the application of the
156      two or more rates otherwise permitted, based upon the assumption
157      that all payments are made as agreed.
158                (3)       OTHER CHARGES.—
159                (a)       In addition to the interest, delinquency, and
160      insurance charges provided in this section, further or other
161      charges or amount for any examination, service, commission, or
162      other thing or otherwise may not be directly or indirectly
163      charged, contracted for, or received as a condition to the grant
164      of a loan, except:
165                1.    An amount of up to $25 to reimburse a portion of the
166      costs for investigating the character and credit of the person
167      applying for the loan;
168                2.    An annual fee of $25 on the anniversary date of each
169      line-of-credit account;
170                3.    Charges paid for the brokerage fee on a loan or line of
171      credit of more than $10,000, title insurance, and the appraisal
172      of real property offered as security if paid to a third party
173      and supported by an actual expenditure;
174                4.    Intangible personal property tax on the loan note or
175      obligation if secured by a lien on real property;

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176                5.    The documentary excise tax and lawful fees, if any,
177      actually and necessarily paid out by the licensee to any public
178      officer for filing, recording, or releasing in any public office
179      any instrument securing the loan, which may be collected when
180      the loan is made or at any time thereafter;
181                6.    The premium payable for any insurance in lieu of
182      perfecting any security interest otherwise required by the
183      licensee in connection with the loan if the premium does not
184      exceed the fees which would otherwise be payable, which may be
185      collected when the loan is made or at any time thereafter;
186                7.    Actual and reasonable attorney fees and court costs as
187      determined by the court in which suit is filed;
188                8.    Actual and commercially reasonable expenses for
189      repossession, storing, repairing and placing in condition for
190      sale, and selling of any property pledged as security; or
191                9.    A delinquency charge for each payment in default for at
192      least 12 10 days if the charge is agreed upon, in writing,
193      between the parties before imposing the charge. Delinqu ency
194      charges may be imposed as follows:
195                a.    For payments due monthly, the delinquency charge for a
196      payment in default may not exceed $15.
197                b.    For payments due semimonthly, the delinquency charge
198      for a payment in default may not exceed $7.50.
199                c.    For payments due every 2 weeks, the delinquency charge
200      for a payment in default may not exceed $7.50 if two payments

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201      are due within the same calendar month, and may not exceed $5 if
202      three payments are due within the same calendar month.
203
204      Any charges, including interest, in excess of the combined total
205      of all charges authorized and permitted by this chapter
206      constitute a violation of chapter 687 governing interest and
207      usury, and the penalties of that chapter apply. In the event of
208      a bona fide error, the licensee shall refund or credit the
209      borrower with the amount of the overcharge immediately but
210      within 20 days after the discovery of such error.
211                Section 5.       Subsection (5) is added to section 516.15,
212      Florida Statutes, to read:
213                516.15      Duties of licensee.—Every licensee shall:
214                (5)       In the event of a Federal Emergency Management Agency
215      response to a Presidential Disaster Declaration in the state, if
216      the licensee offers any assistance program to borrowers impacted
217      by the disaster, within 10 days after the licensee's
218      establishment of the program, send written notice to the office
219      in either physical or electronic format and include the
220      following information, subject to change as any additional
221      declarations are issued or declarations are revoked:
222                (a)       The licensed locations affected by the disaster
223      declaration, including physical addresses, if applicable;
224                (b)       The telephone number, e-mail address, or other contact
225      information for the licensee;

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226                (c)       A brief description of the assistance program
227      available to borrowers in the affected areas; and
228                (d)       The start date, and end date if known, of the
229      assistance program.
230
231      For purposes of this subsection, assistance programs may
232      include, but are not limited to, deferments, forbearance, waiver
233      of late fees, payment modification, or changing payment due
234      dates.
235                Section 6.       Section 516.38, Florida Statutes, is created to
236      read:
237                516.38      Annual reports by licensees.—
238                (1)       By March 15, 2024, and each March 15 thereafter, a
239      licensee shall file a report with the office in a form and
240      manner prescribed by commission rule. The report must include
241      each of the items specified in subsection (2) for the preceding
242      calendar year using aggregated and anonymized data and without
243      reference to any borrower's nonpublic personal information.
244                (2)       The report must include the following information for
245      the preceding calendar year:
246                (a)       The number of locations held by the licensee under
247      this chapter as of December 31 of the preceding calendar year.
248                (b)       The number of loan originations by the licensee from
249      all licenses held under this chapter during the preceding
250      calendar year.

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         HB 1347                                                                                               2024




251                (c)       The total dollar amount of loans and the number of
252      loans outstanding with the licensee from all licenses held under
253      this chapter as of December 31 of the preceding calendar year.
254                (d)       The total dollar amount of loans and the number of
255      loans in which the licensee holds a security interest in
256      collateral as of December 31 of the preceding calendar year.
257                (e)       The total dollar amount of loans and the numbe r of
258      unsecured loans as of December 31 of the preceding calendar
259      year.
260                (f)       The total number of loans, separated by principal
261      amount, in the following ranges as of December 31 of the
262      preceding calendar year:
263                1.    Up to and including $5,000.
264                2.    Five thousand and one dollars to $10,000.
265                3.    Ten thousand and one dollars to $15,000.
266                4.    Fifteen thousand and one dollars to $20,000.
267                5.    Twenty thousand and one dollars to $25,000.
268                (g)       The total dollar amount of loans and the number of
269      loans charged off as of December 31 of the preceding calendar
270      year.
271                (h)       The total dollar amount of loans and the number of
272      loans with delinquency status listed as:
273                1.    Current or less than 30 days past due.
274                2.    From 30 to 59 days past due.
275                3.    From 60 to 89 days past due.

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         HB 1347                                                                                               2024




276                4.    At least 90 days past due.
277                (3)       A licensee claiming that any information submitted in
278      the report contains a trade secret must submit to the office an
279      accompanying affidavit in accordance with s. 655.0591 and
280      designate the information claimed to be a trade secret pursuant
281      to s. 655.0591.
282                (4)       The office may publish a report of information
283      submitted pursuant to this section, provided that all data
284      published in the report is anonymized and aggregated from all
285      licensees.
286                Section 7.       Section 516.39, Florida Statutes, is created to
287      read:
288                516.39      Suspension of penalties and remedial measures after
289      federal disaster declaration.—In the event of a Federal
290      Emergency Management Agency response to a Presidential Disaster
291      Declaration in the state, a licensee operating in a county
292      designated in the declaration must suspend for a period of 90
293      days after the date of the initial declaration the following:
294                (1)       The application of delinquency charges under s.
295      516.031(3)(a)9.
296                (2)       Repossessions of collateral pledged to loans made
297      under this chapter.
298                (3)       The filing of civil actions for the collection of
299      amounts owed for loans made under this chapter.
300                Section 8.       For the purpose of incorporating the amendments

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         HB 1347                                                                                               2024




301      made by this act to sections 516.02 and 516.031, Florida
302      Statutes, in references thereto, section 516.19, Florida
303      Statutes, is reenacted to read:
304                516.19     Penalties.—Any person who violates any of the
305      provisions of s. 516.02, s. 516.031, s. 516.05(3), s. 516.05(6),
306      or s. 516.07(1)(e) commits a misdemeanor of the first degree,
307      punishable as provided in s. 775.082 or s. 775.083.
308                Section 9.       This act shall take effect July 1, 2024.




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                                COMMERCE COMMITTEE

                                HB 1347 by Rep. Brackett
                                Consumer Finance Loans

                                AMENDMENT SUMMARY
                                  February 15, 2024

Amendment 1 by Rep. Brackett (Line 211): The amendment:
  • Requires licensees to offer a borrower, at the time a loan is made, a credit education
     program addressing certain specified topics; and
  • Changes the date that annual reports filed by licensees are first due to March 15, 2025,
     rather than March 15, 2024.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1347   (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Brackett offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 211-238 and insert:
 6          Section 5.   Subsections (5) and (6) are added to section
 7     516.15, Florida Statutes, to read:
 8          516.15   Duties of licensee.—Every licensee shall:
 9          (5)    In the event of a Federal Emergency Management Agency
10     response to a Presidential Disaster Declaration in the state, if
11     the licensee offers any assistance program to borrowers impacted
12     by the disaster, within 10 days after the licensee's
13     establishment of the program, send written notice to the office
14     in either physical or electronic format and include the
15     following information, subject to change as any additional
16     declarations are issued or declarations are revoked:
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                                   Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1347   (2024)
       Amendment No. 1


17          (a)   The licensed locations affected by the disaster
18     declaration, including physical addresses, if applicable;
19          (b)   The telephone number, e-mail address, or other contact
20     information for the licensee;
21          (c)   A brief description of the assistance program
22     available to borrowers in the affected areas; and
23          (d)   The start date, and end date if known, of the
24     assistance program.
25
26     For purposes of this subsection, assistance programs may
27     include, but are not limited to, deferments, forbearance, waiver
28     of late fees, payment modification, or changing payment due
29     dates.
30          (6)   Offer the borrower at the time a loan is made a credit
31     education program or seminar provided by the licensee or a
32     third-party provider, either in writing or electronically. The
33     credit education program or seminar may address, but need not be
34     limited to, any of the following topics:
35          (a)   The importance and methodology of establishing a
36     household budget.
37          (b)   The impact, value of, and ways to improve a credit
38     score.
39          (c)   The importance and methodology of establishing
40     household savings.
41          (d)   Ways to obtain a free copy of a credit report.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1347     (2024)
       Amendment No. 1


42          (e)    Ways to dispute an error in a credit report.
43          (f)    Ways to manage and prevent identity theft.
44
45     A credit education program or seminar offered under this
46     subsection must be offered at no cost to the borrower. A
47     licensee may not require a borrower to participate in a credit
48     education program or seminar as a condition of receiving a loan.
49          Section 6.    Section 516.38, Florida Statutes, is created to
50     read:
51          516.38    Annual reports by licensees.—
52          (1)    By March 15, 2025, and each March 15 thereafter, a
53
54             -----------------------------------------------------
55                         T I T L E   A M E N D M E N T
56          Remove line 19 and insert:
57     timeframe; providing construction; requiring licensees to offer
58     borrowers a certain education program or seminar; specifying the
59     topics that such program or seminar may address; requiring that
60     such program or seminar be offered at no cost to borrowers;
61     prohibiting licensees from requiring borrowers to participate in
62     such education program or seminar as a condition of a loan;
63     creating s. 516.38,




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                                    Page 3 of 3
CS/HB 1465
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1465 Pet Insurance and Wellness Programs
SPONSOR(S): Insurance & Banking Subcommittee, Tuck
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 1338

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                         17 Y, 0 N, As CS        Herrera            Lloyd

    2) Commerce Committee                                                               Herrera            Hamon


                                            SUMMARY ANALYSIS
Pet insurance offers coverage for accidents and illnesses primarily for household pets, notably dogs and cats .
While classified and regulated as Property and Casualty (P/C) insurance, it parallels human health insurance in
providing annual coverage subject to predetermined rates and conditions.

In response to the growing significance of pet insurance and the need for standardized regulations, the
National Association of Insurance Commissioners (NAIC) introduced the Pet Insurance Model Act during its
Summer 2022 National Meeting. This model act addresses key aspects of the rapidly expanding pet insurance
industry, which, as of 2017, saw only approximately 1.5 million dogs and 300,000 cats insured in the U.S.,
representing less than 2 percent of dogs and less than 0.5 percent of cats owned nationwide. Despite these
relatively low rates of coverage, the total premium volume for pet insurance policies in the U.S. reached
approximately $3.2 billion by the end of 2022. The model act encompasses provisions related to pet wellnes s
programs, preexisting conditions, consumer protections, and training requirements for insurance producers.

Pet insurance policies typically cover various veterinary expenses, including:
        Accidents: coverage for injuries resulting from accidents, such as broken bones or ingesting foreign
           objects.
        Illnesses: coverage for treatments related to illnesses such as cancer, diabetes, or infections.
        Routine Care: some policies offer optional coverage for routine care, including vaccinations,
           wellness exams, and dental cleanings.
        Hereditary and Congenital Conditions: certain policies may cover hereditary and congenital
           conditions, although these often have specific limitations and waiting periods.

Currently, several companies offer pet insurance in Florida; however, Florida law does not separately regulate
pet insurance.

The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for sale
within the state, encompassing various aspects such as defining pet insurance, establishing disclosure
requirements, and regulating the marketing and sales practices of wellness programs. It expands the definition
of property insurance to include coverage for pets, covering accidents and illnesses explicitly. Additionally, the
bill imposes training requirements for agents and brokers involved in selling pet insurance policies and outlines
enforcement measures, including penalties for violations under the Florida Insurance Code.

The bill may have an indeterminate fiscal impact on the private sector and state government expenditures. The
bill has no fiscal impact on local government or state government revenues.

The bill provides an effective date of January 1, 2025.




                                                        FULL ANALYSIS


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1465b.COM
DATE: 2/13/2024
                                                   I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
           Background

           National Association of Insurance Commissioners

           The National Association of Insurance Commissioners (NAIC) serves as the insurance standard-setting
           and regulatory support body in the United States.1 Comprised of insurance regulators from all 50
           states, the District of Columbia, and five U.S. territories, the NAIC aids state regulators in fulfilling their
           public service mandate.2 It achieves this by setting standards and regulatory best practices, facilitating
           the exchange of information, offering regulatory support services, and educating consumers, industry
           professionals, and government stakeholders on the state-based insurance regulatory framework of the
           United States.3

           Office of Insurance Regulation

           The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers, and other
           risk bearing entities in Florida.4 The Financial Services Commission (FSC), composed of the
           Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture,
           serves as agency head of the OIR for purposes of rulemaking. Further, the FSC appoints the OIR
           commissioner.

           As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority
           under certain conditions.5 The OIR is responsible for examining the affairs, transactions, accounts,
           records, and assets of each insurer that holds a certificate of authority to transact insurance business in
           Florida.6 As part of the examination process, all persons being examined must make available to the
           OIR the accounts, records, documents, files, information, assets, and matters in their possession or
           control that relate to the subject of the examination.7 The OIR is also authorized to conduct market
           conduct examinations to determine compliance with applicable provisions of the Insurance Code. 8

           Current Situation - Pet Insurance

           Pet insurance offers coverage for accidents and illnesses primarily for household pets, notably dogs
           and cats.9 While classified and regulated as Property and Casualty (P/C) insurance 10, it parallels
           human health insurance in providing annual coverage subject to predetermined rates and conditions. 11
           Originating in the U.S. in 1980, pet insurance has experienced significant expansion since its
           inception.12

           The North American Pet Health Insurance Association (NAPHIA) serves as the leading advocacy
           group, representing over 99 percent of the U.S. and Canada pet health insurance industry. 13 Notably, in
           2017, NAPHIA members witnessed growth, with total premium volume reaching approximately $1.03

1 NAIC, Our Story, https://content.naic.org/about       (last visited Jan. 27, 2024).
2 Id.
3 Id.
4 S. 20.121(3)(a), F.S.
5
    S. 624.418, F.S
6 S. 624, 316(1)(a), F.S.
7 S. 624.318(2), F.S.
8 The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S.      See S. 624.3161, F.S.
9 National Association of Insurance Commissioners, A Regulator’s Guide to Pet Insurance, p. 1

https://content.naic.org/sites/default/files/publication-pin-op-pet-insurance.pdf (last visited Jan. 27, 2024).
10 Casualty insurance is a broad category of ins urance coverage for individuals, employers, and businesses against loss of property,

damage, or other liabilities. Casualty insurance includes vehicle insurance, liability insurance, and theft insurance. Liability losses are
losses that occur as a result of the insured’s interactions with others or their property. See Investopedia, Casualty Insurance: Definition,
Types, and Examples, https://www.investopedia.com/terms/c/casualtyinsurance.asp (last visited Jan. 27, 2024).
11 Id.
12 Id.
13 Id.

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         billion in the U.S., marking a substantial 23.2 percent increase from the previous year.14 In the U.S. and
         its territories, direct written premiums amounted to roughly $640 billion. 15 Despite the rapid growth, pet
         insurance still represents a small percentage of the total P/C market. 16

         Pet insurance policies typically cover various veterinary expenses, including 17:
          Accidents: coverage for injuries resulting from accidents, such as broken bones or ingesting foreign
            objects.
          Illnesses: coverage for treatments related to illnesses such as cancer, diabetes, or infections.
          Routine Care: some policies offer optional coverage for routine care, including vaccinations,
            wellness exams, and dental cleanings.
          Hereditary and Congenital Conditions: certain policies may cover hereditary and congenital
            conditions, although these often have specific limitations and waiting periods.

         In 2017, a survey by the American Pet Products Association revealed that approximately 68 percent of
         U.S. households, totaling around 84.65 million families, had at least one pet, including dogs, cats, or
         other animals.18 Of these households, about 60 million owned at least one dog, and 47 million had at
         least one cat.19 Despite this large number of pet owners, there's considerable room for growth in the
         pet insurance sector.20 However, only about 1.5 million dogs and 300,000 cats were insured in 2017,
         representing less than 2 percent of dogs and less than 0.5 percent of cats owned in the country.21 In
         the U.S., there are roughly 90 million household dogs and 95 million household cats, indicating a
         substantial potential market for pet insurance coverage.22

         Pet insurance coverage in the U.S. has seen consistent annual growth rates of 15 percent to 20
         percent over the past five years.23 The distribution of pet insurance is notably concentrated in larger
         urban areas, with California and New York emerging as the primary markets. 24 For a visual
         representation of the distribution of pets and Gross Written Premiums (GWP) by state, please refer to
         the chart below.25 According to data from NAPHIA members, the total premium volume in the U.S.
         reached approximately $3.2 billion by the end of 2022, with a slight slowdown in growth observed in
         2022, marking the lowest growth rate in recent periods.26




14 Id.
15 Id.
16 Id.
17
   Forbes, What Does Pet Insurance Cover?, https://www.forbes.com/advisor/pet-insurance/what-does-pet-insurance-cover/ (last visited
Jan. 27, 2024).
18 National Association of Insurance Commissioners, A Regulator’s Guide to Pet Insurance, p. 2

https://content.naic.org/sites/default/files/publication-pin-op-pet-insurance.pdf (last visited Jan. 27, 2024).
19 Id.
20 Id.
21 Id.
22 Id.
23 Id. at 5.
24 Id.
25 NAPHIA, State of the Industry Report 2023 Highlights, p. 24, https://naphia.org/wp-content/uploads/2023/05/NAPHIA-SOI2023-

Report-Highlights_Public-May9.pdf (last visited Jan. 27, 2024).
26 Id. at 10.

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                                   U.S. Market (Full) Pets and GWP Distribution by State (2022)
                   STATE

                  California
                  New York
                  Florida
                  Texas
                                         PETS

                                         18.6%
                                         7.0%
                                         6.2%
                                         5.7%
                                                 GWP

                                                 21.0%
                                                 8.4%
                                                 6.3%
                                                 4.9%
                                                          STATE

                                                         Arizona
                                                         Indiana
                                                         Minnesota
                                                         Nevada
                                                                          NdfiMI
                                                                            1.6%
                                                                            1.3%
                                                                            1.2%
                                                                            1.2%
                                                                                      1.6%
                                                                                      1.0%
                                                                                      1.0%
                                                                                      1.2%
                                                                                                 STATE

                                                                                                Rhode Island
                                                                                                Alabama
                                                                                                Kentucky
                                                                                                Arkansas
                                                                                                                       PETS

                                                                                                                       0.6%
                                                                                                                       0.5%
                                                                                                                       0.5%
                                                                                                                       0.5%
                                                                                                                               -
                                                                                                                               0.5%
                                                                                                                               0.4%
                                                                                                                               0.4%
                                                                                                                               0.4%
                  New Jersey             4.6%    4.9%    South Carolina     1.1%      0.9%      West Virginia          0.4%    0.3%
                  Pennsylvania           4.5%    4.3%    North Dakota       1.1%      1.0%      District of Columbia   0.4%    0.4%
                  Massachusetts          4.1%    4.5%    Tennessee          1.1%      0.9%      Kansas                 0.4%    0.3%

                  Washington             4.0%    4.1%    Maine              1.1%      1.0%      Oklahoma               0.4%    0.3%

                  Colorado               3.0%    3.0%    New Mexico         1.0%      0.9%      Idaho                  0.4%    0.3%

                  Illinois               2.9%    3.1%    Wisconsin          0.9%      0.8%      Delaware               0.4%    0.3%

                  Virginia               2.7%    2.9%    Missouri           0.8%      0.6%      Alaska                 0.3%    0.3%

                  North Carolina         2.4%    2.1%    New Hampshire      0.8%      0.8%      Mississippi            0.3%    0.2%
                  Maryland               2.2%    2.3%    Utah               0.7%      0.5%      Montana                0.2%    0.2%

                  Ohio                   2.1%    1.9%    Nebraska           0.6%      0.5%      Wyoming                0.1 %   0.1%
                  Georgia                2.1%    1.7%    Vermont            0.6%      0.6%      Other. Puerto Rico     0.1%    0.1%
                  Connecticut            2.0%    2.2%    Louisiana          0.6%      0.5%      South Dakota           0.1%    0.1%
                  Michigan               1.8%    1.5%    Hawaii             0.6%      0.6%
                  Oregon                 1.7%    1.6%    Iowa               0.6%      0.4%



         As the lifespans of companion animals increase, veterinary care costs are expected to rise for
         consumers, leading them to seek out pet insurance to help manage the expenses associated with
         preventive care, acute and chronic illnesses, and emergency medical treatments for their pets. 27 Data
         from NAPHIA indicates that consumers generally prefer "comprehensive" insurance plans for their
         pets.28 In the U.S., the majority (92.8 percent) of pets are covered by Accident & Illness plans or
         Embedded Wellness plans, while 7 percent have Endorsements (riders such as wellness or cancer
         treatments), and the remaining 0.2 percent have Accident Only plans.29

         Development of Regulatory Standards for the Pet Insurance Industry

         In April 2019, the Pet Insurance Working Group was tasked with reviewing NAIC’s "A Regulator's
         Guide to Pet Insurance" to determine if a model law or guideline was necessary to establish
         appropriate regulatory standards for the pet insurance industry. 30 Subsequently, a request for Model
         Law development related to pet insurance was adopted during the NAIC 2019 Spring National Meeting,
         addressing various aspects such as definitions, disclosures, violations, producer licensing, preexisting
         conditions, reimbursement benefits, and regulations.31 During the NAIC's Summer 2022 National
         Meeting in members voted to adopt the Pet Insurance Model Act, which includes key provisions
         concerning pet wellness programs, preexisting conditions, consumer protections, and training for
         insurance producers.32 Currently, only Maine has adopted a substantially similar version of the NAIC
         model.33

         Current Situation – Florida



27 NAIC, Pet Insurance, https://content.naic.org/cipr-topics/pet-insurance (last visited Jan. 27, 2024).
28 Id.
29 Id.
30 Id.
31 Id.
32 Id.
33 NAIC, Pet Insurance Model Act, https://content.naic.org/sites/default/files/model-law-state-page-633.pdf (last visited Jan. 27, 2024).

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         Currently, several companies offer pet insurance in Florida; however, Florida law does not separately
         regulate pet insurance. Below are companies that provide pet insurance:34

                                           Average Monthly                                 Maximum Annual
                  Companies                                      Waiting Periods
                                                Cost                                          Coverage

                                                              14 days for illnesses,
                                           $30 for dogs      two days for injuries,
                                                                                          $5,000 - $100,000
                    Pets Best              $20 for cats      six months for
                                                              orthopedic conditions


                     Spot Pet              $78 for dogs      14 days for illnesses,
                                                                                          $2,500 - Unlimited
                    Insurance              $34 for cats      two days for injuries


                                                              48 hours for accidents,
                                           $63 for dogs      14 days for illnesses,
                     Embrace                                                              $5,000 - $100,000
                                           $37 for cats      six months for
                                                              orthopedic conditions


                  ASPCA Pet                $47 for dogs
                                                              14 days for illnesses       $3,000 - $10,000
                Health Insurance           $19 for cats




         Effect of the bill

         Expansion of Property Insurance Definition to Include Pet Coverage

         This bill amends the definition of "property insurance" to explicitly include pet insurance coverage for
         accidents and for illnesses or diseases of pets. It clarifies that property insurance may contain a
         provision for accidental death or injury as part of a multiple peril homeowner’s policy, which is
         considered incidental to the property insurance and is not subject to the provisions of the code
         applicable to life or health insurance.

         Regulation of Sales Practices for Pet Wellness Programs

         The bill defines unfair methods of competition and unfair or deceptive acts or practices related to the
         sales practices for pet wellness programs. It prohibits pet insurance agents from marketing a wellness
         program as pet insurance. If a wellness program is sold by a pet insurance agent, several conditions
         must be met, including:
                  The purchase of the wellness program cannot be a prerequisite to the purchase of pet
                    insurance.
                  The costs of the wellness program must be separate and identifiable from any pet insurance
                    policy sold by the agent.
                  The terms and conditions of the wellness program must be distinct from any pet insurance
                    policy sold by the agent.
                  The products or coverages available through the wellness program cannot duplicate those
                    available through the pet insurance policy.
                  The advertising of the wellness program must not be misleading.

         Pet Insurance Definitions and Usage

34 Market Watch, The Best Pet Insurance Companies in Florida (2024), https://www.marketwatch.com/guides/pet-insurance/pet-

insurance-florida/ (last visited Jan. 27, 2024).

STORAGE NAME: h1465b.COM                                                                                                 PAGE: 5
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         The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for
         sale within the state. The bill applies to policies issued to residents of the state, those sold or offered
         within the state's boundaries, as well as policies delivered or issued for delivery in the state.

         The bill defines pet insurance as coverage designed for accidents and illnesses or diseases of pets,
         facilitating reimbursement for expenses linked to veterinary medical advice, diagnosis, care, or
         treatment, encompassing prescribed medications. Additionally, it introduces definitions for various
         terms, including chronic condition, congenital anomaly or disorder, hereditary disorder, orthopedic
         condition, pet insurance policy, preexisting condition, renewal, veterinarian, waiting period, and
         wellness program.

         The bill mandates that if pet insurers incorporate the defined terms within a pet insurance policy, they
         must adhere to the provided definition verbatim. Additionally, the pet insurer is required to ensure
         accessibility of these definitions to policyholders.

         Disclosure Requirements for Pet Insurance Policies

         The bill requires pet insurers to disclose coverage exclusions for chronic conditions, congenital
         anomalies, hereditary disorders, and preexisting conditions, along with any other applicable exclusions.
         Additionally, they must disclose policy provisions limiting coverage, changes in coverage or premiums,
         and differentiate between the underwriting company and the marketed brand.

         Pet insurers must allow a 30-day review period for policyholders to return policies for a refund if
         unsatisfied, provided no claims have been filed. They must also disclose the basis for determining
         claim payments, including benefit schedules and fee limitations, and any required medical
         examinations before policy purchase.

         Further, the bill requires pet insurers to clearly disclose waiting periods and their requirements to
         applicants. Pet insurers must provide a summary of policy provisions and written disclosures including
         contact details for regulatory offices and the insurer or agent. These disclosures are in addition to any
         other disclosures required by law or regulation.

         Preexisting Conditions, Waiting Periods, and Policy Renewals

         The bill allows pet insurers to issue policies excluding coverage for preexisting conditions, provided that
         appropriate disclosure is made to the applicant or policyholder, with the burden of proving the
         applicability of the exclusion resting on the insurer. Additionally, pet insurers are permitted to impose
         waiting periods before the effective date of a new policy, not exceeding 30 days for certain conditions ,35
         with provisions for waiving the waiting period upon completion of a medical examination, the costs of
         which are typically paid by the policyholder. These waiting periods and their requirements must be
         clearly disclosed to applicants before policy purchase.

         The bill prohibits pet insurers from requiring medical examinations for policy renewals and mandates
         compliance with the Florida Insurance Code for additional benefits included in policies. Furthermore, it
         ensures that an applicant's eligibility for pet insurance is not tied to participation in a wellness program.

         Marketing and Sales of Wellness Programs

         The bill prohibits pet insurers and their agents from misrepresenting wellness programs as pet
         insurance. It mandates that if wellness programs are offered alongside pet insurance, they must be
         separate and not required for pet insurance purchase. Additionally, the costs, terms, and products of
         wellness programs must be distinct from pet insurance. Clear disclosures must be provided to



35 "Certain conditions" referenced in this sentence include illnesses, diseases, or orthopedic conditions not resulting from an accident,

as specified within the context of the bill
STORAGE NAME: h1465b.COM                                                                                                          PAGE: 6
DATE: 2/13/2024
         applicants and policyholders regarding the nature of wellness programs, and wellness benefits within
         pet insurance policies are recognized as insurance.

         Agent and Broker Training Requirements

         The bill requires specific training for agents and brokers involved in selling pet insurance policies.
         Agents and brokers must obtain appropriate licensing and complete specified training before engaging
         in the sale, solicitation, or negotiation of pet insurance policies. Pet insurers are responsible for
         ensuring that their agents and brokers receive training on preexisting conditions, waiting periods, and
         the distinctions between pet insurance and wellness programs. Additionally, training must cover chronic
         conditions, congenital anomalies, hereditary disorders, and administrative aspects of pet insurance
         policies. Satisfaction of training requirements from other states with substantially similar provisions is
         recognized as meeting the training standards in the state.

         Enforcement, Applicability, and Rulemaking Authority

         A violation of the bill’s requirements will be a violation of the Florida Insurance Code. Additionally, it
         clarifies that while all other relevant insurance laws apply to pet insurance, the specific regulations
         outlined in this bill take precedence over any conflicting general provisions. The bill does not restrict the
         types of exclusions pet insurers can employ in their policies nor does it mandate the inclusion of any
         specific limitations or exclusions. Furthermore, the bill grants the commission the authority to adopt
         rules and regulations essential for the effective administration of this section.

         The bill provides an effective date of January 1, 2025.

    B. SECTION DIRECTORY:
         Section 1:        Amends s. 624.604, F.S., relating to “property insurance” defined.
         Section 2:        Amends s. 626.9541, F.S., relating to unfair methods of competition and unfair or
                           deceptive acts or practices defined.
         Section 3:        Creates s. 627.71545, F.S., relating to pet insurance; noninsurance wellness programs .
         Section 4:        Providing an effective date of January 1, 2025.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
          The bill necessitates the incorporation of pet insurance into the information technology systems of
          OIR, resulting in a one-time impact. However, OIR existing resources have the capacity to absorb
          this impact.36
    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.


36 Email from Kevin James, Deputy Legislative Affairs Director, Department of Management Services, HB 1465 Bill Analysis (Jan. 2 5,

2024).
STORAGE NAME: h1465b.COM                                                                                                     PAGE: 7
DATE: 2/13/2024
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may positively impact the private sector if the regulatory efficiency it establishes results in lower
       production costs for pet insurance providers.

   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:
       Sufficient rulemaking authority for the FSC and OIR to administer the bill’s provisions is provided.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 1, 2024, the Insurance & Banking Subcommittee considered the bill, adopted a strike-all
amendment, and reported the bill favorably as a committee substitute. The amendment revised the bill to better
integrate its provisions within the framework of the Florida Insurance Code.

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




STORAGE NAME: h1465b.COM                                                                                      PAGE: 8
DATE: 2/13/2024
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           CS/HB 1465                                                                                           2024




    1                                         A bill to be entitled
    2              An act relating to pet insurance and wellness
    3              programs; amending s. 624.604, F.S.; revising the
    4              definition of the term "property insurance"; amending
    5              s. 626.9541, F.S.; providing that certain practices
    6              related to pet wellness programs are unfair methods of
    7              competition and unfair or deceptive acts or practices;
    8              creating s. 627.71545, F.S.; providing a short title;
    9              providing purpose; providing applicability; providing
10                 construction; defining terms; requiring pet insurers
11                 that use such defined terms in their pet insurance
12                 policies to use and include the statutory definitions
13                 in their policies; requiring pet insurers to also make
14                 such definitions available on their websites or their
15                 program administrators' websites; requiring pet
16                 insurers to make certain disclosures to pet insurance
17                 applicants and policyholders; requiring pet insurers
18                 to provide a summary of their bases or formulas for
19                 determination of claim payments under a pet insurance
20                 policy on their websites or their program
21                 administrators' websites; requiring pet insurers to
22                 disclose certain requirements for required medical
23                 examinations of a pet by a veterinarian; requiring pet
24                 insurers to create a document with a summary of
25                 certain disclosures, to post such document on their

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        CS/HB 1465                                                                                           2024




26              websites or their program administrators' websites,
27              and, upon issuance or delivery of a policy to a
28              policyholder, to provide the disclosure document to
29              the policyholder; requiring additional written
30              disclosures; providing that certain required
31              disclosures are in addition to disclosures required by
32              the Florida Insurance Code or the Financial Services
33              Commission rules; authorizing pet insurance applicants
34              and policyholders to examine and return insurance
35              policies and riders under certain circumstances;
36              requiring that premiums be refunded under certain
37              circumstances; requiring that pet insurance policies
38              and riders have a specified notice printed on or
39              attached to the first page; authorizing pet insurers
40              to issue policies that exclude coverage on the basis
41              of preexisting conditions with appropriate written
42              disclosure to the applicant or policyholder; providing
43              that the pet insurer has a specified burden of proof
44              with regard to such exclusions; authorizing pet
45              insurers to issue policies that impose a waiting
46              period of up to a specified period of time for
47              specified illnesses, diseases, or conditions;
48              prohibiting pet insurers from issuing policies
49              imposing a waiting period for accidents; requiring pet
50              insurers who issue a policy that imposes a waiting

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        CS/HB 1465                                                                                           2024




51              period to include a provision allowing for waiver of
52              the waiting period upon completion of a medical
53              examination of the covered pet by a veterinarian;
54              authorizing pet insurers to require an examination to
55              be conducted by a veterinarian after the purchase of
56              the policy; providing requirements and authorizations
57              relating to such examination; prohibiting a pet
58              insurer from requiring a medical examination of the
59              covered pet to renew a policy; requiring that certain
60              benefits comply with certain provisions of the Florida
61              Insurance Code; prohibiting insurance applicants'
62              eligibility from being based on participation or lack
63              of participation in wellness programs; requiring pet
64              insurers to ensure that its agents are trained on
65              specified topics; providing rulemaking authority;
66              providing an effective date.
67
68      Be It Enacted by the Legislature of the State of Florida:
69
70              Section 1.         Section 624.604, Florida Statutes, is amended
71      to read:
72              624.604       "Property insurance" defined.—"Property insurance"
73      is insurance on real or personal property of every kind and of
74      every interest therein, whether on land, water, or in the air,
75      against loss or damage from any and all hazard or cause, and

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         CS/HB 1465                                                                                           2024




 76      against loss consequential upon such loss or damage, other than
 77      noncontractual legal liability for any such loss or damage.
 78      Property insurance may include pet insurance that provides
 79      coverage for accidents and for illnesses or diseases of pets.
 80      Property insurance may contain a provision for accidental death
 81      or injury as part of a multiple peril homeowner's policy. Such
 82      insurance, which is incidental to the property insurance, is not
 83      subject to the provisions of this code applicable to life or
 84      health insurance. Property insurance does not include title
 85      insurance, as defined in s. 624.608.
 86              Section 2.          Paragraph (hh) is added to subsection ( 1) of
 87      section 626.9541, Florida Statutes, to read:
 88              626.9541           Unfair methods of competition and unfair or
 89      deceptive acts or practices defined.—
 90              (1)         UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 91      ACTS.—The following are defined as unfair methods of competition
 92      and unfair or deceptive acts or practices:
 93              (hh)        Sales practices for pet wellness programs.—
 94              1.      A pet insurance agent may not market a wellness program
 95      as pet insurance.
 96              2.      If a wellness program is sold by a pet insurance agent:
 97              a.      The purchase of the wellness program may not be a
 98      prerequisite to the purchase of pet insurance;
 99              b.      The costs of the wellness program must be separate and
100      identifiable from any pet insurance policy sold by the pet

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         CS/HB 1465                                                                                           2024




101      insurance agent;
102              c.      The terms and conditions of the wellness program must
103      be separate from any pet insurance policy sold by the agent;
104              d.      The products or coverages available through the
105      wellness program may not duplicate the products or coverages
106      available through the pet insurance policy; and
107              e.      The advertising of the wellness program must not be
108      misleading.
109              Section 3.          Section 627.71545, Florida Statutes, is created
110      to read:
111              627.71545          Pet insurance; noninsurance wellness programs.—
112              (1)         This section may be cited as the "Pet Insurance Ac t."
113              (2)         The purpose of this section is to promote the public
114      welfare by creating a comprehensive regulatory framework within
115      which pet insurance may be sold in this state.
116              (3)         This section applies to all of the following:
117              (a)         Pet insurance policies that are issued to any resident
118      of this state or that are sold, solicited, negotiated, or
119      offered in this state.
120              (b)         Pet insurance policies or certificates that are
121      delivered or issued for delivery in this state.
122              (4)(a)        This section may not be construed to prohibit or
123      limit the types of exclusions pet insurers may use in their
124      policies or to require pet insurers to include in such policies
125      any of the limitations or exclusions specified in subsection

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         CS/HB 1465                                                                                           2024




126      (9).
127              (b)         All other applicable provisions of the Florida
128      Insurance Code apply to pet insurance, except that this section
129      supersedes any general provisions of the Florida Insurance Code
130      which otherwise apply to pet insurance.
131              (5)(a)        As used in this section, the term:
132              1.      "Chronic condition" means a condition that can be
133      treated or managed, but not cured.
134              2.      "Congenital anomaly or disorder" means a condition that
135      is present from birth, whether inherited or caused by the
136      environment, and that may cause or contribute to illness or
137      disease.
138              3.      "Hereditary disorder" means an abnormality that is
139      genetically transmitted from parent to offspring and may cause
140      illness or disease.
141              4.      "Orthopedic" refers to a condition that affects the
142      bones, skeletal muscle, cartilage, tendons, ligaments, or
143      joints. Orthopedic conditions include, but are not limited to,
144      elbow dysplasia, hip dysplasia, intervertebral disc
145      degeneration, patellar luxation, and cranial cruciate ligament
146      rupture but do not include any cancer or any metabolic,
147      hematopoietic, or autoimmune disease.
148              5.      "Pet insurance" means an insurance policy that provides
149      coverage for accidents and for illnesses and diseases of pets.
150      Such insurance reimburses a policyholder for expenses associated

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         CS/HB 1465                                                                                           2024




151      with medical advice, diagnosis, care, or treatment provided by a
152      veterinarian, including, but not limited to, the cost of drugs
153      prescribed by the veterinarian.
154              6.      "Pet insurance policy" or "policy" includes pet
155      insurance certificates.
156              7.      "Preexisting condition" means a condition for which any
157      of the following is true before the effective date of or during
158      a waiting period applicable to a pet insurance policy:
159              a.      A veterinarian provided medical advice.
160              b.      The pet received previous treatment.
161              c.      Based on information from verifiable sources, the pet
162      had signs or symptoms directly related to the condition for
163      which a claim is being made.
164
165      A condition for which coverage is afforded on a policy is not
166      deemed to be a preexisting condition on any renewal of the
167      policy.
168              8.      "Renewal" means the issuance and delivery at the end of
169      an insurance policy period of a policy that supersedes the
170      policy previously issued and delivered by the same pet insurer
171      or affiliated pet insurer and that provides types and limits of
172      coverage substantially similar to those contained in the policy
173      being superseded.
174              9.      "Veterinarian" means a health care practitioner who is
175      licensed to engage in the practice of veterinary medicine in

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         CS/HB 1465                                                                                           2024




176      this state under chapter 474.
177              10.         "Waiting period" means the period of time specified in
178      a pet insurance policy which is required to run before some or
179      all of the coverage in the policy may begin. This period may not
180      be applied to renewals of existing coverage.
181              11.         "Wellness program" means a subscription or
182      reimbursement-based program that is separate from an insurance
183      policy and that provides goods and services to promote the
184      general health, safety, or well-being of the covered pet. If the
185      subscription or program includes language such as "undertakes to
186      indemnify another," "pays a specified amount upon determinable
187      contingencies," or "provides coverage for a fortuitous event,"
188      the subscription or program is transacting in the business of
189      insurance and is subject to the Florida Insurance Code. This
190      definition is not intended to classify a contract directly
191      between a service provider and a pet owner which involves only
192      the two parties as being the business of insurance, unless other
193      indications of insurance also exist.
194              (b)         If a pet insurer uses any of the terms defined in
195      paragraph (a) in a pet insurance policy, the pet insurer must
196      use the definition of each term as provided in paragraph (a) and
197      must include each such definition in the policy. The pet insurer
198      must also make such definitions available through a clear and
199      conspicuous link on the main page of the website of the pet
200      insurer or the pet insurer's program administrator.

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         CS/HB 1465                                                                                           2024




201              (6)(a)        A pet insurer transacting pet insurance must
202      disclose the following to pet insurance applicants and
203      policyholders:
204              1.      Whether the policy excludes coverage due to any of the
205      following:
206              a.      A chronic condition;
207              b.      A congenital anomaly or disorder;
208              c.      A hereditary disorder; or
209              d.      A preexisting condition.
210              2.      If the policy includes any other exclusions not listed
211      in subparagraph 1., the pet insurer must state the following in
212      the disclosure: "Other exclusions may apply. Please refer to the
213      exclusions section of the policy for more information."
214              3.      Any policy provision that limits coverage through a
215      waiting period, a deductible, a coinsurance payment, or an
216      annual or lifetime policy limit. Waiting periods and applicable
217      requirements must be clearly and prominently disclosed to
218      applicants before the policy purchase.
219              4.      Whether the pet insurer reduces coverage or increases
220      premium based on the policyholder's claims history, the age of
221      the covered pet, or a change in the geographic location of the
222      policyholder.
223              5.      Whether the underwriting company differs from the brand
224      name used to market and sell the pet insurance.
225              (b)         Before issuing a pet insurance policy, a pet insurer

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         CS/HB 1465                                                                                           2024




226      shall, through a clear and conspicuous link on the main page of
227      the pet insurer's or the pet insurer's program administrator's
228      website, provide a summary description of the basis or formula
229      for the pet insurer's determination of claim payments under the
230      policy.
231              1.      A pet insurer that uses a benefit schedule to determine
232      claim payments under a pet insurance policy must clearly
233      disclose both of the following:
234              a.      The applicable benefit schedule in the policy.
235              b.      All benefit schedules used by the pet insurer under its
236      pet insurance policies through a clear and conspicuous link on
237      the main page of the pet insurer's or pet insurer's program
238      administrator's website.
239              2.      A pet insurer that determines claim payments under a
240      pet insurance policy based on usual and customary fees, or any
241      other reimbursement limitation based on prevailing veterinary
242      service provider charges, shall do both of the following:
243              a.      Include a usual and customary fee limitation provision
244      in the policy which clearly describes the pet insurer's basis or
245      formula for determining usual and customary fees and the manner
246      in which that basis or formula is applied in calculating claim
247      payments.
248              b.      Disclose the pet insurer's basis for determining usual
249      and customary fees through a clear and conspicuous link on the
250      main page of the pet insurer's or pet insurer's program

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         CS/HB 1465                                                                                           2024




251      administrator's website.
252              (c)         If any medical examination of the pet by a
253      veterinarian is required to effectuate coverage, the pet insurer
254      must clearly and conspicuously disclose any requirement for the
255      examination before the policy is purchased and must disclose
256      that examination documentation may result in a preexisting
257      condition exclusion.
258              (d)         A pet insurer shall create a summary of all policy
259      disclosures required in paragraphs (a), (b), and (c) in a
260      separate document titled "Insurer Disclosure of Important Policy
261      Provisions." The pet insurer shall post the document through a
262      clear and conspicuous link on the main page of the pet insurer's
263      or pet insurer's program administrator's website.
264              (e)         At the time a pet insurance policy is issued or
265      delivered to a policyholder, the pet insurer shall provide the
266      policyholder with a copy of the Insurer Disclosure of Important
267      Policy Provisions document required under paragraph (d), in at
268      least 12-point type. At such time, the pet insurer shall also
269      include a written disclosure with all of the following:
270              1.      Contact information for the Division of Consumer
271      Services of the department, including a link and toll -free
272      telephone number, for consumers to submit inquiries and
273      complaints relating to pet insurance products regulated by the
274      department or office.
275              2.      The address and customer service telephone number of

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         CS/HB 1465                                                                                           2024




276      the pet insurance agent.
277              (f)         The disclosures required in this subsection are in
278      addition to any other disclosures required by the insurance code
279      or rules prescribed by the commission.
280              (7)         Unless the policyholder has filed a claim under the
281      pet insurance policy, a pet insurance applicant or policyholder
282      may examine and return the policy or rider to the pet insurer or
283      pet insurance agent or broker within 30 days after the applicant
284      or policyholder obtains the receipt and is entitled to the
285      premium refunded if, after examining the policy or rider, he or
286      she is not satisfied for any reason.
287              (8)         A pet insurance policy and rider must have a notice
288      prominently printed on or attached to the first page which
289      includes specific instructions to accomplish a return, in type
290      at least as large as any type appearing on the policy or rider
291      contract and in substantially the following language:
292
293              You have 30 days after the date you receive this
294              policy, certificate, or rider to review and return it
295              to the company if you decide not to keep it. You do
296              not have to tell the company why you are returning it.
297              If you decide not to keep policy, certificate, or
298              rider, simply return it to the company at the
299              company's administrative office, or to the insurance
300              agent or broker from whom you bought it, as long as

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         CS/HB 1465                                                                                           2024




301              you have not filed a claim. You must return the
302              policy, certificate, or rider within 30 days after the
303              day you first receive it in order to receive a refund.
304              The company must refund the full amount of any premium
305              paid within 30 days after it receives the returned
306              policy, certificate, or rider. The premium refund will
307              be sent directly to the person who paid it. The
308              policy, certificate, or rider will be void as if it
309              had never been issued.
310
311              (9)(a)       A pet insurer may issue a policy that excludes
312      coverage on the basis of one or more preexisting conditions with
313      appropriate written disclosure to the applicant or policyholder.
314      The pet insurer has the burden of proving that the preexisting
315      condition exclusion applies to the condition for which a claim
316      is being made.
317              (b)1.       A pet insurer may issue a policy imposing a waiting
318      period before the effective date of a new policy which does not
319      exceed 30 days for illnesses or diseases or for orthopedic
320      conditions not resulting from an accident. A pet insurer may not
321      issue a policy imposing a waiting period for accidents.
322              2.      A pet insurer issuing a policy that imposes a waiting
323      period must include a provision in its contract which allows the
324      waiting period to be waived upon completion of a medical
325      examination of the pet by a veterinarian. The pet insurer may

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         CS/HB 1465                                                                                           2024




326      require the examination to be conducted by a veterinarian after
327      the purchase of the policy.
328              a.      A medical examination required under this subparagraph
329      must be paid for by the policyholder, unless the policy
330      specifies that the pet insurer will pay for the examination.
331              b.      A pet insurer may specify requirements for the
332      examination and require documentation that the requirements have
333      been satisfied, provided that the specifications do not
334      unreasonably restrict the ability of the applicant or
335      policyholder to waive the waiting period.
336              (c)         A pet insurer may not require a medical examination of
337      the covered pet for the policyholder to renew a policy.
338              (d)         If a pet insurer includes any prescriptive, wellness,
339      or noninsurance benefit in the policy form, the benefit is made
340      part of the policy contract and must comply with all of the
341      applicable provisions of the Florida Insurance Code.
342              (e)         An applicant's eligibility to purchase a pet insurance
343      policy may not be based on his or her participation, or lack of
344      participation, in a separate wellness program.
345              (10)(a)        A pet insurer must ensure that its agents are
346      trained on the topics specified in paragraph (b) and that its
347      agents have been appropriately trained on the coverages and
348      conditions of its pet insurance products.
349              (b)         The training required under this subsection must
350      include information on all of the following topics:

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




         CS/HB 1465                                                                                           2024




351              1.      Preexisting conditions and waiting periods.
352              2.      The differences between pet insurance and noninsurance
353      wellness programs.
354              3.      Chronic conditions, congenital anomalies or disorders,
355      and hereditary disorders and the way pet insurance policies
356      address those conditions or disorders.
357              4.      Rating, underwriting, renewal, and other related
358      administrative topics.
359              (11)        The commission may adopt rules necessary to
360      administer this section.
361              Section 4.         This act shall take effect January 1, 2025.




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                                                                                                          hb1465-01-c1
                            COMMERCE COMMITTEE

                             CS/HB 1465 by Rep. Tuck
                      Pet Insurance and Wellness Programs

                             AMENDMENT SUMMARY
                               February 15, 2024

Amendment 1 by Rep. Tuck (Line 79): The amendment makes technical and grammatical
changes.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1465   (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Tuck offered the following:
 3
 4          Amendment
 5          Remove lines 79-321 and insert:
 6     coverage for accidents and for illnesses of pets. Property
 7     insurance may contain a provision for accidental death or injury
 8     as part of a multiple peril homeowner's policy. Such insurance,
 9     which is incidental to the property insurance, is not subject to
10     the provisions of this code applicable to life or health
11     insurance. Property insurance does not include title insurance,
12     as defined in s. 624.608.
13          Section 2.    Paragraph (hh) is added to subsection (1) of
14     section 626.9541, Florida Statutes, to read:
15          626.9541     Unfair methods of competition and unfair or
16     deceptive acts or practices defined.—
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1465    (2024)
       Amendment No. 1


17          (1)     UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
18     ACTS.—The following are defined as unfair methods of competition
19     and unfair or deceptive acts or practices:
20          (hh)    Sales practices for pet wellness programs.—
21          1.     A pet insurance agent may not market a wellness program
22     as pet insurance.
23          2.     If a wellness program is sold by a pet insurance agent:
24          a.     The purchase of the wellness program may not be a
25     prerequisite to the purchase of pet insurance;
26          b.     The costs of the wellness program must be separate and
27     identifiable from any pet insurance policy sold by the pet
28     insurance agent;
29          c.     The terms and conditions of the wellness program must
30     be separate from any pet insurance policy sold by the a gent;
31          d.     The products or coverages available through the
32     wellness program may not duplicate the products or coverages
33     available through the pet insurance policy; and
34          e.     The advertising of the wellness program must not be
35     misleading.
36          Section 3.     Section 627.71545, Florida Statutes, is created
37     to read:
38          627.71545    Pet insurance; noninsurance wellness programs.—
39          (1)     This section may be cited as the "Pet Insurance Act."




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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1465    (2024)
       Amendment No. 1


40            (2)    The purpose of this section is to promote the public
41     welfare by creating a comprehensive regulatory framework within
42     which pet insurance may be sold in this state.
43            (3)    This section applies to all of the following:
44            (a)    Pet insurance policies that are issued to any resident
45     of this state or that are sold, solicited, negotiated, or
46     offered in this state.
47            (b)    Pet insurance policies or certificates that are
48     delivered or issued for delivery in this state.
49            (4)(a)   This section may not be construed to prohibit or
50     limit the types of exclusions pet insurers may use in their
51     policies or to require pet insurers to include in such policies
52     any of the limitations or exclusions specified in subsection
53     (9).
54            (b)    All other applicable provisions of the Florida
55     Insurance Code apply to pet insurance, except that this section
56     supersedes any general provisions of the Florida Insurance Code
57     which otherwise apply to pet insurance.
58            (5)(a)   As used in this section, the term:
59            1.    "Chronic condition" means a condition that can be
60     treated or managed, but not cured.
61            2.    "Congenital anomaly or disorder" means a condition that
62     is present from birth, whether inherited or caused by the
63     environment, and that may cause or contribute to illness or
64     disease.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1465    (2024)
       Amendment No. 1


65          3.   "Hereditary disorder" means an abnormality that is
66     genetically transmitted from parent to offspring and may cause
67     illness or disease.
68          4.   "Orthopedic" refers to a condition that affects the
69     bones, skeletal muscle, cartilage, tendons, ligaments, or
70     joints. Orthopedic conditions include, but are not limited to,
71     elbow dysplasia, hip dysplasia, intervertebral disc
72     degeneration, patellar luxation, and cranial cruciate ligament
73     rupture but do not include any cancer or any metabolic,
74     hematopoietic, or autoimmune disease.
75          5.   "Pet insurance" means an insurance policy that provides
76     coverage for accidents and for illnesses and diseases of pets.
77     Such insurance reimburses a policyholder for expenses associated
78     with medical advice, diagnosis, care, or treatment provided by a
79     veterinarian, including, but not limited to, the cost of drugs
80     prescribed by the veterinarian.
81          6.   "Pet insurance policy" or "policy" includes pet
82     insurance certificates.
83          7.   "Preexisting condition" means a condition for which any
84     of the following is true before the effective date of or during
85     a waiting period applicable to a pet insurance policy:
86          a.   A veterinarian provided medical advice.
87          b.   The pet received previous treatment.




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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1465   (2024)
        Amendment No. 1


 88          c.    Based on information from verifiable sources, the pet
 89     had signs or symptoms directly related to the condition for
 90     which a claim is being made.
 91
 92     A condition for which coverage is afforded on a policy is not
 93     deemed to be a preexisting condition on any renewal of the
 94     policy.
 95          8.    "Renewal" means the issuance and delivery at the end of
 96     an insurance policy period of a policy that supersedes the
 97     policy previously issued and delivered by the same pet insurer
 98     or affiliated pet insurer and that provides types and limits of
 99     coverage substantially similar to those contained in the policy
100     being superseded.
101          9.    "Veterinarian" means a health care practitioner who is
102     licensed to engage in the practice of veterinary medicine in
103     this state under chapter 474.
104          10.    "Waiting period" means the period of time specified in
105     a pet insurance policy which is required to run before some or
106     all of the coverage in the policy may begin. This period may not
107     be applied to renewals of existing coverage.
108          11.    "Wellness program" means a subscription or
109     reimbursement-based program that is separate from an insurance
110     policy and that provides goods and services to promote the
111     general health, safety, or well-being of the covered pet. If the
112     subscription or program includes language such as "undertakes to
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                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 1465    (2024)
        Amendment No. 1


113     indemnify another," "pays a specified amount upon determinable
114     contingencies," or "provides coverage for a fortuitous event,"
115     the subscription or program is transacting in the business of
116     insurance and is subject to the Florida Insurance Code. This
117     definition is not intended to classify a contract directly
118     between a service provider and a pet owner which involves only
119     the two parties as being the business of insurance, unless other
120     indications of insurance also exist.
121          (b)     If a pet insurer uses any of the terms defined in
122     paragraph (a) in a pet insurance policy, the pet insurer must
123     use the definition of each term as provided in paragraph (a) and
124     must include each such definition in the policy. The pet insurer
125     must also make such definitions available through a clear and
126     conspicuous link on the main page of the website of the pet
127     insurer or the pet insurer's program administrator.
128          (6)(a)    A pet insurer transacting pet insurance must
129     disclose the following to pet insurance applicants and
130     policyholders:
131          1.    Whether the policy excludes coverage due to any of the
132     following:
133          a.    A chronic condition;
134          b.    A congenital anomaly or disorder;
135          c.    A hereditary disorder; or
136          d.    A preexisting condition.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1465   (2024)
        Amendment No. 1


137          2.    If the policy includes any other exclusions not listed
138     in subparagraph 1., the pet insurer must state the following in
139     the disclosure: "Other exclusions may apply. Please refer to the
140     exclusions section of the policy for more information."
141          3.    Any policy provision that limits coverage through a
142     waiting period, a deductible, a coinsurance payment, or an
143     annual or lifetime policy limit. Waiting periods and applicable
144     requirements must be clearly and prominently disclosed to
145     applicants before the policy purchase.
146          4.    Whether the pet insurer reduces coverage or increases
147     premium based on the policyholder's claims history, the age of
148     the covered pet, or a change in the geographic location of the
149     policyholder.
150          5.    Whether the underwriting company differs from the brand
151     name used to market and sell the pet insurance.
152          (b)    Before issuing a pet insurance policy, a pet insurer
153     shall, through a clear and conspicuous link on the main page of
154     the pet insurer's or the pet insurer's program administrator's
155     website, provide a summary description of the basis or formula
156     for the pet insurer's determination of claim payments under the
157     policy.
158          1.    A pet insurer that uses a benefit schedule to determine
159     claim payments under a pet insurance policy must clearly
160     disclose both of the following:
161          a.    The applicable benefit schedule in the policy.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1465   (2024)
        Amendment No. 1


162          b.     All benefit schedules used by the pet insurer under its
163     pet insurance policies through a clear and conspicuous link on
164     the main page of the pet insurer's or pet insurer's program
165     administrator's website.
166          2.     A pet insurer that determines claim payments under a
167     pet insurance policy based on usual and customary fees, or any
168     other reimbursement limitation based on prevailing veterinary
169     service provider charges, shall do both of the following:
170          a.     Include a usual and customary fee limitation provision
171     in the policy which clearly describes the pet insurer's basis or
172     formula for determining usual and customary fees and the manner
173     in which that basis or formula is applied in calculating claim
174     payments.
175          b.     Disclose the pet insurer's basis for determining usual
176     and customary fees through a clear and conspicuous link on the
177     main page of the pet insurer's or pet insurer's program
178     administrator's website.
179          (c)     If any medical examination of the pet by a
180     veterinarian is required to effectuate coverage, the pet insurer
181     must clearly and conspicuously disclose any requirement for the
182     examination before the policy is purchased and must disclose
183     that examination documentation may result in a preexisting
184     condition exclusion.
185          (d)     A pet insurer shall create a summary of all policy
186     disclosures required in paragraphs (a), (b), and (c) in a
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1465   (2024)
        Amendment No. 1


187     separate document titled "Insurer Disclosure of Important Policy
188     Provisions." The pet insurer shall post the document through a
189     clear and conspicuous link on the main page of the pet insurer's
190     or pet insurer's program administrator's website.
191          (e)    At the time a pet insurance policy is issued or
192     delivered to a policyholder, the pet insurer shall provide the
193     policyholder with a copy of the Insurer Disclosure of Important
194     Policy Provisions document required under paragraph (d), in at
195     least 12-point type. At such time, the pet insurer shall also
196     include a written disclosure with all of the following:
197          1.    Contact information for the Division of Consumer
198     Services of the department, including a link and toll -free
199     telephone number, for consumers to submit inquiries and
200     complaints relating to pet insurance products regulated by the
201     department or office.
202          2.    The address and customer service telephone number of
203     the pet insurance agent.
204          (f)    The disclosures required in this subsection are in
205     addition to any other disclosures required by the insurance code
206     or rules prescribed by the commission.
207          (7)    Unless the policyholder has filed a claim under the
208     pet insurance policy, a pet insurance applicant or policyholder
209     may examine and return the policy or rider to the pet insurer or
210     pet insurance agent or broker within 30 days after the applicant
211     or policyholder obtains the receipt and is entitled to the
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1465   (2024)
        Amendment No. 1


212     premium refunded if, after examining the policy or rider, he or
213     she is not satisfied for any reason.
214          (8)   A pet insurance policy and rider must have a notice
215     prominently printed on or attached to the first page which
216     includes specific instructions to accomplish a return, in type
217     at least as large as any type appearing on the policy or rider
218     contract and in substantially the following language:
219
220          You have 30 days after the date you receive this
221          policy, certificate, or rider to review and return it
222          to the company if you decide not to keep it. You do
223          not have to tell the company why you are returning it.
224          If you decide not to keep policy, certificate, or
225          rider, simply return it to the company at the
226          company's administrative office, or to the insurance
227          agent or broker from whom you bought it, as long as
228          you have not filed a claim. You must return the
229          policy, certificate, or rider within 30 days after the
230          day you first receive it in order to receive a refund.
231          The company must refund the full amount of any premium
232          paid within 30 days after it receives the returned
233          policy, certificate, or rider. The premium refund will
234          be sent directly to the person who paid it. The
235          policy, certificate, or rider will be void as if it
236          had never been issued.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1465     (2024)
        Amendment No. 1


237
238          (9)(a)   A pet insurer may issue a policy that excludes
239     coverage on the basis of one or more preexisting conditions with
240     appropriate written disclosure to the applicant or policyholder.
241     The pet insurer has the burden of proving that the preexisting
242     condition exclusion applies to the condition for which a claim
243     is being made.
244          (b)1.    A pet insurer may issue a new policy imposing a
245     waiting period, which does not exceed 30 days from effectuation
246     of coverage, for illnesses or diseases or for orthopedic
247     conditions not resulting from an accident. A pet insurer may not
248     issue a policy imposing a waiting period for accidents.




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CS/HB 1579
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1579 Occupational Licensing
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Mooney
TIED BILLS:       IDEN./SIM. BILLS: SB 1142

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform & Economic Development                 14 Y, 0 N               Wright             Anstead
     Subcommittee

  2) State Administration & Technology                        12 Y, 0 N, As CS        Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Wright             Hamon


                                               SUMMARY ANALYSIS
Part I of Chapter 489, F.S., addresses the licensure and regulation of construction contractors. Construction
contractors are either certified for statewide practice or registered as a locally licensed contractor by the
Construction Industry Licensing Board (CILB), housed within the Department of Business and Professional
Regulation (DBPR). The CILB meets to approve or deny applications for licensure, review disciplinary cases,
and conduct informal hearings relating to discipline.

In 2021, HB 735 was enacted, relating to preempting occupational licensing to the state, and specifically
preempted local licensing that is outside the scope of state contractor licensing provisions. Specifically, it
provided that a county or municipality may not require a license for a person whose job scope does not
substantially correspond to a statutory or specialty contractor category licensed by the CILB.

In 2023, HB 1383 was enacted, as a follow-up to HB 735 in 2021. The law extended the expiration date for
local licensing and established new specialty license categories. Recently, some local governments have
stopped performing certain local licensing functions related to specialty contractors.

The bill requires the CILB to issue a registration to an eligible applicant to engage in the business of
contracting in a specified local jurisdiction, provided each of the following conditions are satisfied:
    The applicant held, in any local jurisdiction in Florida during 2021, 2022, or 2023, a certificate of
        registration issued by the state or a local license issued by a local jurisdiction to perform work in a
        statutory category of contractor licensed by the CILB.
    The applicant submits all of the following to the CILB:
            o Evidence of the certificate of registration or local license held by the applicant.
            o Evidence that the specified local jurisdiction does not require a license for the category of work
                for which the applicant was issued a certification of registration or local license.
            o Evidence that the applicant has submitted the required fee.
            o Evidence of compliance with certain insurance and financial responsibility requirements.

The bill provides that an examination is not required for an applicant seeking such a registration.

The bill provides that the CILB is responsible for disciplining licensees issued such a registration. The CILB
must make such licensure and disciplinary information available through the automated information system.

The bill does not appear to have a fiscal impact on local governments, and may have an indeterminate positive
fiscal impact on state government. See Fiscal Analysis & Economic Impact Statement.

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




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

                                                I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Florida Building Code

          In response to the destruction of Hurricane Andrew, in 1998, the Legislature approved a single state
          building code and enhanced the oversight role of the state over local code enforcement. In 2000, the
          Legislature authorized the implementation of the Building Code (Code), and that first edition replaced
          all local codes on March 1, 2002, making it the first statewide building code in the United States. 1

          The “Florida Building Codes Act” was created to provide a mechanism for the uniform adoption,
          updating, interpretation, and enforcement of a single, unified state Code. The Code must be applied,
          administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 2

          The Florida Building Commission (Building Commission) was statutorily created to implement the
          Code. The Building Commission, which is housed within DBPR, is a 19-member technical body made
          up of design professionals, contractors, and government experts in various disciplines covered by the
          Code. The Building Commission reviews several International Codes published by the International
          Code Council, the National Electric Code, and other nationally adopted model codes (model codes) to
          determine if the Code needs to be updated and adopts an updated Code every three years. 3

          Local Enforcement of the Florida Building Code

          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. 4
          Every local government must enforce the Building Code and issue building permits.5 It is unlawful for a
          person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
          first obtaining a permit from the local government enforcing agency 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. 6

          Construction Licenses

          Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
          construction contracting, and part II addressing the licensure and regulation of electrical and alarm
          system contracting.

          Construction contractors are either certified or registered by the Construction Industry Licensing Board
          (CILB) housed within DBPR. The CILB consists of 18 members who are appointed by the Governor
          and confirmed by the Senate. The CILB meets to approve or deny applications for licensure, review
          disciplinary cases, and conduct informal hearings relating to discipline. 7

          "Certified contractors" are individuals who pass the state competency examination and obtain a
          certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of



1 Id.
2 See s. 553.72(1),     F.S.
3 Ss. 553.73 and 553.74, F.S.
4 S. 553.72, F.S.
5 Ss. 125.01(1)(bb),     125.56(1), and 553.80(1), F.S.
6 Ss. 125.56(4)(a)     and 553.79(1), F.S.
7 S. 489.107,   F.S.
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        competency for a specific license category and are permitted to practice in that category in any
        jurisdiction in the state.8

        “Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
        construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
        CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
        the state.

        “Registered contractors” are individuals that have taken and passed a local competency examination
        and can practice the specific category of contracting for which he or she is approved, only in the local
        jurisdiction for which the license is issued.9

        The CILB licenses the following types of contractors: 10

                        Statutory Licenses                                   Specialty Licenses

               Air Conditioning- Classes A, B, and C                 Drywall
               Building                                              Demolition
               General                                               Gas Line
               Internal Pollutant Storage Tank Lining                Glass and Glazing
                Applicator                                            Industrial Facilities
               Mechanical                                            Irrigation
               Plumbing                                              Marine
               Pollutant Storage Systems                             Residential Pool/Spa Servicing
               Pool/Spa- Classes A, B, and C                         Solar Water Heating
               Precision Tank Tester                                 Structure
               Residential                                           Swimming Pool Decking
               Roofing                                               Swimming Pool Excavation
               Sheet Metal                                           Swimming Pool Finishes
               Solar                                                 Swimming Pool Layout
               Underground Excavation                                Swimming Pool Piping
                                                                      Swimming Pool Structural
                                                                      Swimming Pool Trim
                                                                      Tower

        HB 735 (2021 Regular Session)

        In 2021, HB 73511 was enacted, relating to preempting occupational licensing to the state. The law
        defines the following terms:
             “Local government” means a county, municipality, special district, or political subdivision of the
               state.
             “Occupation” means a paid job, profession, work, line of work, trade, employment, position,
               post, career, field, vocation, or craft.
             "Licensing" means any training, education, test, certification, registration, or license that is
               required for a person to perform an occupation along with any associated fee.

        The law expressly preempts occupational licensing to the state. This preemption supersedes any local
        government licensing requirement of occupations unless:
            The licensing of occupations by local governments is authorized by general law; or
            The local licensing scheme for an occupation was imposed before July 1, 2021. However, any
               such local licensing scheme expires on July 1, 2023.

8 S. 489.105, F.S.
9 S. 489.103, F.S.
10 S. 489.105(a)-(q), F.S.; R. 61G4-15.015-.040, F.A.C.
11 Ch. 2021-214, L.O.F.
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        The law provides that any local licensing of an occupation not authorized under the provisions of the bill
        or otherwise authorized by general law does not apply and may not be enforced.

        Also, HB 735 specifically preempted local licensing that is outside the scope of state contractor
        licensing provisions. Specifically, it provided that a county or municipality may not require a license for
        a person whose job scope does not substantially correspond to a contractor category licensed by the
        CILB after July 1, 2023.

        The law precluded counties and municipalities from requiring a license for certain job scopes, including,
        but not limited to, painting, flooring, cabinetry, interior remodeling, handyman services, driveway or
        tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering,
        stuccoing, caulking, canvas awning installation, and ornamental iron installation.

        HB 1383 (2023 Regular Session)

        In 2023, HB 138312 was enacted, relating to local construction licensing, as a follow-up to HB 735 in
        2021.

        The law extended the expiration date for local licensing without general law authority to July 1, 2024,
        from July 1, 2023.

        The law requires the CILB, by July 1, 2024, to, by rule, establish certified specialty contractor
        categories for voluntary licensure for all of the following:
             Structural aluminum or screen enclosures.
             Marine seawall work.
             Marine bulkhead work.
             Marine dock work.
             Marine pile driving.
             Structural masonry.
             Structural prestressed, precast concrete work.
             Rooftop solar heating installation.
             Structural steel.
             Window and door installation, including garage door installation and hurricane or windstorm
               protection.
             Plaster and lath.
             Structural carpentry.

        The law also prohibits local governments from requiring a license to obtain a permit for a job scope
        outside of the practice of contracting, including, but not limited to, painting, flooring, cabinetry, interior
        remodeling when the scope of the project does not include a task for which a state license is required,
        handyman services, driveway or tennis court installation, decorative stone, tile, marble, granite, or
        terrazzo installation, pressure washing, plastering, stuccoing, caulking, canvas awning installation, and
        ornamental iron installation.

        The law allows a local government to continue to offer a license for veneer work, including aluminum or
        vinyl gutters, siding, soffit, or fascia; rooftop painting, coating, and cleaning above three stories; and
        fence installation and erection, if the local government imposed such a licensing requirement before
        January 1, 2021.

        Since the passage of HB 1383 in 2023, some local governments have stopped performing certain local
        licensing functions for contractors.13


12 Ch. 2023-271,   L.O.F.
13 For example, Lee County is no longer issuing new licenses. Lee County, Contractor Licensing,

https://www.leegov.com/dcd/ContLic (last visited Jan. 27, 2024).
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         Automated Information System

         Section 455.2286, F.S., requires DBPR to implement an automated information system for all building
         code enforcement, professional engineer, architects, interior designers, landscape architects, and
         contractor licensees. The system must provide instant notification to local building departments and
         other interested parties regarding the status of the license. The provision of such information must
         consist, at a minimum, of an indication of:
              Whether the license is active,
              Any current failure to meet the terms of any final action by a licensing authority,
              Any ongoing disciplinary cases that are subject to public disclosure,
              Whether there are any outstanding fines, and
              The reporting of any material violations of the Building Code.14

         The system must also retain information developed by DBPR and local governments on individuals
         found to be practicing or contracting without holding the applicable license, certification, or registration
         required by law.15

         Effect of the Bill

         The bill requires the CILB to issue a registration to an eligible applicant to engage in the “business of a
         contractor” in a specified local jurisdiction, provided each of the following conditions are satisfied:
             The applicant held, in any local jurisdiction in Florida during 2021, 2022, or 2023, a certificate of
                 registration issued by the state or a local license issued by a local jurisdiction to perform work in
                 a statutory category of contractor licensed by the CILB.
             The applicant submits all of the following to the CILB:
                     o Evidence of the certificate of registration or local license held by the applicant.
                     o Evidence that the specified local jurisdiction does not require a license for the category
                         of work for which the applicant was issued a certification of registration or local license
                         during 2021, 2022, or 2023, such as a notification on the website of the local jurisdiction
                         or an email or letter from the office of the local building official or local building
                         department stating that such licensing is not required or available in that local
                         jurisdiction.
                     o Evidence that the applicant has submitted the required fee.
                     o Evidence of compliance with certain insurance and financial responsibility requirements.

         The provides that an examination is not required for an applicant seeking such a registration.

         The bill provides that the CILB is responsible for disciplining licensees issued such a registration. The
         CILB must make such licensure and disciplinary information available through the automated
         information system.

         The bill provides that the fees for an applicant seeking such a registration and renewal of such
         registration every 2 years are the same as the fees established by the CILB for applications,
         registration and renewal, and record making and recordkeeping. The bill specifies that DBPR must
         provide license, renewal, and cancelation notices pursuant to ss. 455.273 and 455.275, F.S. 16

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

     B. SECTION DIRECTORY:
         Section 1:      Amends s. 489.117, F.S.; requiring issuance of a local license under certain
                         circumstances.
         Section 2:      Provides an effective date.

14 S. 455.2286,   F.S.
15 Id.
16 Ss. 455.273 and 455.275, F.S., require certain license notices and documents to be sent to a licensee’s address of

record or email address of record.
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                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may have an indeterminate positive fiscal impact on revenues, as an unknown number of
           applicants will seek a registration from DBPR based on a local license.

       2. Expenditures:
           DBPR can absorb any additional complaint and investigative responsibilities without requiring
           additional resources.17

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The bill may assist those contractors who chose local licensure rather than statewide licensure to
        remain in the workforce if the local jurisdiction stops issuing local licenses.

   D. FISCAL COMMENTS:
        None.




17 DBPR, Agency Analysis of 2024 Senate Bill 1142,   p.6 (Jan. 16, 2024).
STORAGE NAME: h1579d.COM                                                                                   PAGE: 6
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                                               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:
       DBPR will need to adopt rules related to new registration applications.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On February 6, 2024, the State Administration & Technology Appropriations Subcommittee adopted one
   amendment and reported the bill favorably as a committee substitute. The amendment:
          Makes a technical change regarding evidence that must be submitted by an applicant.
          Authorizes DBPR to provide license, renewal and cancellation notices pursuant to statute,
            including email, in lieu of only mail.

   This analysis is drafted to the committee substitute as passed by the State Administration & Technology
   Appropriations Subcommittee.




STORAGE NAME: h1579d.COM                                                                                  PAGE: 7
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           CS/HB 1579                                                                                           2024




    1                                         A bill to be entitled
    2              An act relating to occupational licensing; amending s.
    3              489.117, F.S.; requiring the Construction Industry
    4              Licensing Board within the Department of Business and
    5              Professional Regulation to issue registrations to
    6              eligible persons under certain circumstances;
    7              providing that the board is responsible for
    8              disciplining such licensees; requiring the board to
    9              make licensure and disciplinary information available
10                 through the automated information system; providing
11                 for the fees for the issuance of the registrations and
12                 renewal registrations; requiring the department to
13                 provide certain license, renewal, and cancellation
14                 notices; conforming provisions to changes made by the
15                 act; providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                 Section 1.         Paragraphs (a) and (b) of subsection (1) and
20         subsection (2) of section 489.117, Florida Statutes, are amended
21         to read:
22                 489.117       Registration; specialty contractors.—
23                 (1)(a)       A Any person engaged in the business of a
24         contractor as defined in s. 489.105(3)(a)-(o) must be registered
25         before engaging in business as a contractor in this state,

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        CS/HB 1579                                                                                           2024




26      unless he or she is certified. Except as provided in paragraph
27      (2)(b), to be initially registered, the applicant must shall
28      submit the required fee and file evidence of successful
29      compliance with the local examination and licensing
30      requirements, if any, in the area for which registration is
31      desired. An examination is not required for registration.
32              (b)         Registration allows the registrant to engage in
33      contracting only in the counties, municipalities, or development
34      districts where he or she has complied with all local licensing
35      requirements, if any, and only for the type of work covered by
36      the registration.
37              (2)(a)        Except as provided in paragraph (b), the board may
38      not issue a No new registration may be issued by the board after
39      July 1, 1993, based on any certificate of competency or license
40      for a category of contractor defined in s. 489.105(3)(a)-(o)
41      which is issued by a municipal or county government that does
42      not exercise disciplinary control and oversight over such
43      locally licensed contractors, including forwarding a recommended
44      order in each action to the board as provided in s. 489.131(7).
45      For purposes of this subsection and s. 489.131(10), the board
46      shall determine the adequacy of such disciplinary control by
47      reviewing the local government's ability to process and
48      investigate complaints and to take disciplinary action against
49      locally licensed contractors.
50              (b)         The board shall issue a registration to an eligible

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        CS/HB 1579                                                                                           2024




51      applicant to engage in the business of a contractor in a
52      specified local jurisdiction, provided each of the following
53      conditions are satisfied:
54              1.      The applicant held, in any local jurisdiction in this
55      state during 2021, 2022, or 2023, a certificate of registration
56      issued by the state or a local license issued by a local
57      jurisdiction to perform work in a category of contractor defined
58      in s. 489.105(3)(a)-(o).
59              2.      The applicant submits all of the following to the
60      board:
61              a.      Evidence of the certificate of registration or local
62      license held by the applicant as required by subparagraph 1.
63              b.      Evidence that the specified local jurisdiction does not
64      have a license type available for the category of work for which
65      the applicant was issued a certification of registration or
66      local license during 2021, 2022, or 2023, such as a notification
67      on the website of the local jurisdiction or an email or letter
68      from the office of the local building official or local building
69      department stating that such license type is not available in
70      that local jurisdiction.
71              c.      Evidence that the applicant has submitted the required
72      fee.
73              d.      Evidence of compliance with the insurance and financial
74      responsibility requirements of s. 489.115(5).
75

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        CS/HB 1579                                                                                           2024




76      An examination is not required for an applicant seeking a
77      registration under this paragraph.
78              (c)         The board is responsible for disciplining licensees
79      issued a registration under paragraph (b). The board shall make
80      such licensure and disciplinary information available through
81      the automated information system provided pursuant to s.
82      455.2286.
83              (d)         The fees for an applicant seeking a registration under
84      paragraph (b) and renewal of such registration every 2 years are
85      the same as the fees established by the board for applications,
86      registration and renewal, and record making and recordkeeping,
87      as set forth in s. 489.109. The department shall provide
88      license, renewal, and cancelation notices pursuant to ss.
89      455.273 and 455.275.
90              Section 2.         This act shall take effect July 1, 2024.




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                                                                                                         hb1579-01-c1
CS/HB 1645
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 1645 Energy Resources
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee, Payne
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 1624

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                   16 Y, 0 N, As CS        Bauldree           Keating
     Subcommittee

  2) Appropriations Committee                                 20 Y, 6 N               Pigott             Pridgeon

  3) Commerce Committee                                                               Bauldree           Hamon


                                               SUMMARY ANALYSIS
The bill updates Florida’s energy policies and amends specific energy-related laws. Specifically, the bill:
    Provides an updated statement of legislative intent concerning the state’s energy policy and establishes
        a list of specific, fundamental policy goals to guide the state’s energy policy.
    Updates energy policy statements in current law and the duties of the Department of Agriculture and
        Consumer Services (DACS) to be consistent with the energy policy goals established in the bill.
    Increases the minimum length of an intrastate natural gas pipeline that requires certification under the
        Natural Gas Transmission Pipeline Siting Act from 15 miles to 100 miles.
    Provides that certain “resiliency facilities” owned and operated by a public utility that deploy natural gas
        reserves for temporary use during a system outage or natural disaster are a permitted use in all
        commercial, industrial, and manufacturing land use categories and districts, subject to setback and
        landscape criteria for other similar uses.
    Provides for the recovery of certain facility relocation costs incurred by a natural gas utility through a
        charge separate from the utility’s base rates.
    Requires the PSC to conduct an assessment of the security and resiliency of the state's electric grid
        and natural gas facilities against both physical threats and cyber threats and to submit a report.
    Prohibits the PSC, without specific legislative authority, from authorizing a public utility to make direct
        sales of energy to a consumer solely for the consumer's use in powering a means of transportation.
    Authorizes the PSC to approve a utility program for residential, customer-specific electric vehicle (EV)
        charging if the program will not adversely impact the utility's general body of ratepayers.
    Requires the Department of Management Services (DMS) to develop the Florida Humane Preferred
        Energy Products List to identify certain products that appear to be largely made free from forced labor.
    Repeals the Renewable Energy and Energy-Efficient Technologies Grant Program, Florida Green
        Government Grants, the Energy Economic Zone Pilot Program, and Qualified Energy Conservation
        Bonds provisions.
    Prohibits community development districts and homeowners’ associations from prohibiting certain types
        or fuel sources of energy production and appliances that use such fuels.
    Requires the PSC to study and evaluate the technical and economic feasibility of using advanced
        nuclear power technologies and to submit a report of its findings and recommendations.
    Requires DOT to study and evaluate the potential development of hydrogen fueling infrastructure,
        including fueling stations, to support hydrogen-powered vehicles that use the state highway system.

The bill does not appear to have a fiscal impact on state or local government revenues but may have an
indeterminate negative fiscal impact on expenditures. See fiscal comments.

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: h1645d.COM
DATE: 2/13/2024
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Florida Energy Profile

        Florida is the third most populous state and the fourth largest energy-consuming state in the nation.
        However, Florida uses less energy per capita than all but six other states, in part because of its large
        population, moderate winter weather, and relatively low industrial sector energy use. 1 Florida’s energy
        consumption can be broken down by end-use sector as follows:2
             Transportation – 39%
             Residential – 28%
             Commercial – 22%
             Industrial – 11%

        In the electric power industry, natural gas is the dominant fuel in Florida and since 2011 has generated
        more electric power than all other fuels combined. Natural gas fueled approximately 70 percent of
        electric energy consumed in Florida in 2022. This number is anticipated to decline over the next ten
        years, reaching 56 percent by 2032.3 Florida has very little natural gas production and limited gas
        storage capacity, thus the state is reliant upon out-of-state production and storage to satisfy its
        demand.4 Supply from out-of-state is provided by five interstate natural gas pipelines, with the majority
        of peninsular Florida’s supply provided by three interstate pipelines: Florida Gas Transmission Pipeline,
        Gulf Stream Natural Gas System, and Sabal Trail Transmission.5

        In 2021, renewable energy resources were used to generate approximately 6 percent of the electric
        energy consumed in Florida. This number is anticipated to increase over the next ten years, reaching
        28 percent by 2032, primarily from the addition of new solar generation. Solar generation in Florida is
        expected to exceed all non-natural gas energy sources combined (primarily nuclear and coal) by 2029.6

        Of the current renewable generation capacity in Florida, approximately 37 percent is considered a “firm”
        resource that can be relied upon to serve customers and defer the need for traditional power plants.
        Because of the coincidence of solar generation and the peak demand for electrical energy, about 40
        percent of installed solar generation is considered a firm resource. For utility-scale solar projects, that
        number increases to 52 percent. As the amount of solar increases in the state, the difference in how it
        operates compared to traditional generation will have an increasing importance to the grid. Solar
        generation cannot be dispatched as needed, but is produced based upon the conditions at the plant
        site, influenced by variations in daylight hours, cloud cover, and other environmental factors. Generally,
        the peak hours for production of a solar facility are closer to noon, whereas the peak in system demand
        tends to be in the early evening in summer and early morning in winter. Still, Florida is projected to
        meet its electricity demand and carry a reserve margin of between 16.4 and 30.1 percent on a
        statewide basis over the next 10 years.7



1 U.S. Energy Information    Administration (EIA), Florida, State Profile and Energy Estimates, Analysis,
https://www.eia.gov/state/analysis.php?sid=FL#:~:text=Renewable%20resources%20fueled%20about%206,generation%
20came%20from%20solar% 20energy (last visited Jan. 12, 2024).
2 EIA, Florida, State Profile and Energy Estimates, Data, https://www.eia.gov/state/data.php?sid=FL (last visited Jan. 12,

2024). These figures reflect consumption in 2021, the most recent period reported by EIA for the state.
3 Florida Public Service Commission (FPSC), Review of the 2023 Ten-Year Site Plans of Florida’s Electric Utilities,

available at https://www.floridapsc.com/pscfiles/website-files/PDF/Utilities/Electricgas/TenYearSitePlans//2023/ Review.pdf
(last visited Jan. 12, 2024).
4 Id. at 42.
5 FPSC, Facts and Figures of the Florida Utility Industry, 2023, at 17, https://www.floridapsc.com/pscfiles/website-

files/PDF/Publications/Reports/General/FactsAndFigures/April% 202023.pdf (last visited Jan. 15, 2024).
6 FPSC, supra note 3, at 3.
7 Id.
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        Since 2001, utility-scale electric generation from renewable resources in Florida had grown only 28
        percent through 2016, but had grown over 300 percent by 2022. 8 Customer-owned renewable
        generation connected to the electric grid in Florida has also grown dramatically in recent years,
        increasing 460 percent from 2018 to 2022. This growth appears to correlate with decreasing prices for
        both utility-scale and customer-owned solar generation systems.9

        In the transportation sector, the market for electric vehicles (EV) in Florida has grown significantly in
        recent years and is expected to continue growing.10 Including both full battery electric vehicles and
        plug-in hybrid electric vehicles, only 21,700 EVs were registered in Florida in 2016; that number
        increased to 213,800 in 2022, second only to California. 11 Florida’s generating electric utilities
        anticipate that annual EV energy consumption in their service territories will increase at a rate of almost
        20% per year through 2032 and will comprise 3.9 percent of their net energy for load and 4 percent of
        summer peak demand in 2032.12 This growth is accounted for in utility planning.13 Registrations for
        compressed natural gas vehicles in Florida have declined from 18,000 in 2016 to 400 in 2022, and
        there is no data for registration of hydrogen-fueled vehicles in Florida for 2022.14 Gasoline powered
        vehicles still account for the overwhelming majority of vehicle registrations in Florida, with almost 16
        million registered in Florida.15

        The United States Environmental Protection Agency (EPA) maintains an inventory of greenhouse gas
        (GHG) emissions by state, end-use sector, and type of gas, with the most recent inventory data for
        2021.16 According to this inventory, Florida’s net GHG emissions for all sectors peaked in 2005 and
        were slightly lower (0.7 percent) in 2021 as compared to 2008. 17 GHGs reported to the EPA by large
        facilities 18 in Florida have declined from 147 million metric tons in 2010 to 113 million metric tons in
        2022.19 In 2021, the transportation sector accounted for 41 percent of Florida’s GHG emissions, the
        electric power industry accounted for 35 percent, and the remaining 24 percent was associated with the
        industrial, commercial, agricultural, and residential sectors.20

        State Energy Policy and Governance (Sections 7-9)


8 EIA, Electricity Data Browser,

https://www.eia.gov/electricity/data/browser/#/topic/0?agg=2, 0,1& fuel= 02fh& geo= g000001&sec=g&linechart=ELEC.GEN.
AOR-US-99.A~ELEC.GEN.AOR-FL-99.A&columnc hart=ELE C.GEN.AOR-US-99.A&map=ELEC.GE N.AOR-US-
99.A&freq=A&start=2001&end=2022&chartindexed=1&ctype=linechart&ltype=pin&rtype=s&maptype=0& rse=0&pin= (last
visited Jan. 12, 2024).
9 See, e.g., NREL, Documenting a Decade of Cost Declines for PV Systems , Feb. 10, 2021,

https://www.nrel.gov/news/program/2021/documenting-a-decade-of-cost-declines-for-pv-systems.html (last visited Jan.
12, 2024) (stating that, from 2010 to 2020, there had been a 64%, 69%, and 82% reduction in the cost of residential,
commercial-rooftop, and utility-scale PV systems, respectively and that a significant portion of the cost declines over that
decade can be attributed to an 85% cost decline in module price).
10 Florida Department of Transportation (FDOT), Florida's Electric Vehicle Infrastructure Deployment Plan, August 2023,

at 17, https://fdotwww.blob.core.windows.net/sitefinity/docs/default -
source/emergingtechnologies/evprogram/2023_florida's -evidp_update_092923.pdf?s fvrsn=1e4aee0_1 (last visited Jan.
15, 2024).
11 U.S Department of Energy (DOE), Alternative Fuels Data Center,

https://afdc.energy.gov/transatlas/#/?state=FL& view= vehicle_count (last visited Jan. 15, 2024).
12 FPSC, supra note 3, at 5-6, 19.
13 Id. at 17-20/.
14 DOE, supra note 11.
15 Id.
16 For purposes of the EPA’s inventory, GHGs include carbon dioxide, methane, fluorinated gases, and nitrous oxide. The

inventory also accounts for changes associated with land use and forestry that affect the land’s ability to serve as a sink
for GHG emissions. EPA, Greenhouse Gas Inventory Data Explorer,
https://cfpub.epa.gov/ghgdata/inventoryexplorer/#iallsectors/allsectors/allgas/gas/all (last visited Jan, 15, 2024).
17 Id.
18 Facilities that emit 25,000 metric tons or more per year of GHGs are required to annually report their GHG emissions to

the EPA. Roughly half of total U.S. GHG emissions are reported by direct emitters. EPA, Facility Level Information on
Greenhouse Gases Tool, https://ghgdata.epa.gov/ghgp/main.do?site_preference=normal (last visited Jan. 12, 2024).
19 Id.
20 EPA, supra note 16.
STORAGE NAME: h1645d.COM                                                                                             PAGE: 3
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        Present Situation

        In 1974, in response to the 1973-1974 oil embargo,21 the Legislature, upon finding that a lack of
        accurate and relevant information was hampering its ability to develop energy policy to address the
        energy resource shortages facing the state, created an “energy data center” to collect data on
        production, refinement, transportation, storage, and sale of energy resources in Florida, including all
        types of fossil fuels, nuclear energy, and renewables.22 Three years later, the Legislature developed an
        energy policy statement with a focus on energy conservation, alternative energy resources, and public
        education about energy use.23 This energy policy statement is still mostly intact in Florida law.24

        In 1978, the Legislature transferred the duties of the energy data center to the former Department of
        Administration and expanded those duties to include additional data analysis and forecasting, public
        education, promoting conservation, and coordinating state energy-related programs.25 This list of duties
        is now reflected in the duties established in current law for the Department of Agriculture and
        Consumer Services (DACS).26

        Florida’s current energy policies are largely established through various provisions of law related to
        specific aspects of energy production, distribution, sales, and use. The Legislature last addressed
        energy policy at a holistic level in 2008,27 when it adopted the following statement of intent with regard
        to energy resource planning and development, which is unchanged in current law: 28

                 The Legislature finds that the state’s energy security can be increased by lessening
                 dependence on foreign oil; that the impacts of global climate change can be reduced through
                 the reduction of greenhouse gas emissions; and that the implementation of alternative energy
                 technologies can be a source of new jobs and employment opportunities for many Floridians.
                 The Legislature further finds that the state is positioned at the front line against potential impacts
                 of global climate change. Human and economic costs of those impacts can be averted by global
                 actions and, where necessary, adapted to by a concerted effort to make Florida’s communities
                 more resilient and less vulnerable to these impacts. In focusing the government’s policy and
                 efforts to benefit and protect our state, its citizens, and its resources, the Legislature believes
                 that a single government entity with a specific focus on energy and climate change is both
                 desirable and advantageous. Further, the Legislature finds that energy infrastructure provides
                 the foundation for secure and reliable access to the energy supplies and services on which
                 Florida depends. Therefore, there is significant value to Florida consumers that comes from
                 investment in Florida’s energy infrastructure that increases system reliability, enhances energy
                 independence and diversification, stabilizes energy costs, and reduces greenhouse gas
                 emissions.

        In 2008, the Legislature also adopted the following energy policy statements, which are unchanged in
        current law:29

             It is the policy of the State of Florida to:
                   Develop and promote the effective use of energy in the state, discourage all forms of energy
                      waste, and recognize and address the potential of global climate change wherever possible.
                   Play a leading role in developing and instituting energy management programs aimed at
                      promoting energy conservation, energy security, and the reduction of greenhouse gas
                      emissions.

21 See, generally,  U.S Department of State, Office of the Historian, Oil Embargo, 1973-1974,
https://history.state.gov/milestones/1969-1976/oil-embargo (last visited Jan. 12, 2024).
22 Ch. 74-186, L.O.F.
23 Ch. 77-334, L.O.F.
24 See s. 377.601(2), F.S.
25 Ch. 78-25, L.O.F.
26 See ss. 377.603 and 377.703, F.S.
27 Ch. 2008-227, L.O.F.
28 S. 377.601(1), F.S.
29 S. 377.601(2), F.S.
STORAGE NAME: h1645d.COM                                                                                        PAGE: 4
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                       Include energy considerations in all state, regional, and local planning.
                       Utilize and manage effectively energy resources used within state agencies.
                       Encourage local governments to include energy considerations in all planning and to
                        support their work in promoting energy management programs.
                       Include the full participation of citizens in the development and implementation of energy
                        programs.
                       Consider in its decisions the energy needs of each economic sector, including residential,
                        industrial, commercial, agricultural, and governmental uses, and reduce those needs
                        whenever possible.
                       Promote energy education and the public dissemination of information on energy and its
                        environmental, economic, and social impact.
                       Encourage the research, development, demonstration, and application of alternative energy
                        resources, particularly renewable energy resources.
                       Consider, in its decision making, the social, economic, and environmental impacts of
                        energy-related activities, including the whole-life-cycle impacts of any potential energy use
                        choices, so that detrimental effects of these activities are understood and minimized.
                       Develop and maintain energy emergency preparedness plans to minimize the effects of an
                        energy shortage within Florida.

        Under current law,30 DACS is required to perform the following functions, consistent with the
        development of a state energy policy:
            Perform or coordinate the functions of any federal energy programs delegated to the state,
               including energy supply, demand, conservation, or allocation.
            Analyze present and proposed federal energy programs and make recommendations regarding
               those programs to the Governor and the Legislature.
            Coordinate efforts to seek federal support or other support for state energy activities, including
               energy conservation, research, or development, and is responsible for the coordination of
               multiagency energy conservation programs and plans.
            Analyze energy data collected and prepare long-range forecasts of energy supply and demand
               in coordination with the Public Service Commission (PSC), which is responsible for electricity
               and natural gas forecasts, which must contain:
                   o An analysis of the relationship of state economic growth and development to energy
                       supply and demand.
                   o Plans for the development of renewable energy resources and reduction in dependence
                       on depletable energy resources, particularly oil and natural gas, and an analysis of the
                       extent to which renewable energy sources are being utilized in the state.
                   o Consideration of alternative scenarios of statewide energy supply and demand for 5, 10,
                       and 20 years to identify strategies for long-range action, including identification of
                       potential social, economic, and environmental effects.
                   o An assessment of the state’s energy resources, including examination of the availability
                       of commercially developable and imported fuels, and an analysis of anticipated effects
                       on the state’s environment and social services resulting from energy resource
                       development activities or from energy supply constraints, or both.
            Submit an annual report to the Governor and the Legislature reflecting its activities and making
               recommendations for policies for improvement of the state’s response to energy supply and
               demand and its effect on the health, safety, and welfare of the residents of this state, including a
               report from the PSC on electricity and natural gas and information on energy conservation
               programs, with recommendations for energy efficiency and conservation programs for the state.
            Promote the development and use of renewable energy resources, consistent with the state
               comprehensive plan and the policy statements made in 2008.
            Promote energy efficiency and conservation in all energy use sectors in the state, including
               consultation with the Department of Management Services to coordinate energy conservation
               programs of state agencies.



30 S. 377.703,   F.S.
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                 Serve as the state clearinghouse for indexing and gathering all information related to energy
                  programs in state universities, in private universities, in federal, state, and local government
                  agencies, and in private industry and prepare and distribute this information in any manner
                  necessary to inform and advise the public.
                 Coordinate energy-related programs of state government.
                 Promote a comprehensive research plan for state programs, which must be consistent with
                  state energy policy and be updated on a biennial basis.
                 Prepare an assessment of the state’s renewable energy production credit.

        DACS is also responsible for administering the Florida Renewable Energy Technologies and Energy
        Efficiency Act,31 which consists of the Renewable Energy and Energy-Efficient Technologies Grant
        Program, and the Florida Green Government Grants Act.32 Both programs are discussed in further
        detail in this analysis under Energy Grant Programs, below.

        Effect of the Bill

        The bill replaces the current statement of legislative intent concerning the state’s energy policy with a
        more streamlined statement of intent that expresses the purpose of the state’s energy policy. The new
        statement of intent provides:

                  The purpose of the state's energy policy is to ensure an adequate, reliable, and cost-effective
                  supply of energy for the state in a manner that promotes the health and welfare of the public
                  and economic growth. The Legislature intends that governance of the state's energy policy be
                  efficiently directed toward achieving this purpose.

        For purposes of achieving this new statement of intent, the bill provides a list of specific, fundamental
        policy goals to guide the state’s energy policy. These goals are:
                 Ensuring a cost-effective and affordable energy supply;
                 Ensuring adequate supply and capacity;
                 Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse
                   supply of domestic energy resources;
                 Protecting public safety;
                 Protecting the state's natural resources, including its coastlines, tributaries, and waterways;
                   and
                 Supporting economic growth.

        The bill’s revised statement of intent removes current legislative findings related to global climate
        change, and the bill’s list of energy policy goals does not specifically address global climate change.

        Consistent with the bill’s revised statement of legislative intent and its list of energy policy goals, the bill
        revises the energy policy statements in current law. These changes:
             Specify that it is the state’s policy to promote the “cost-effective development and use of a
               diverse supply of domestic energy resources in the state,” rather than the “effective use of
               energy in the state.”
             Remove a provision that provides for recognizing and addressing “the potential of global climate
               change” as a state energy policy.
             Add that promotion of “the cost-effective development and maintenance of energy infrastructure
               that is resilient to natural and manmade threats to the security and reliability of the state's
               energy supply” is a state energy policy.
             Remove a provision that provides for the state to “play a leading role in developing and
               instituting energy management programs aimed at promoting energy conservation, energy
               security, and the reduction of greenhouse gas emissions.”
             Add that reduction of “reliance on foreign energy resources” is a state energy policy.


31 Ss. 377.801-377.804,   F.S.
32 S. 377.808,   F.S.
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                Provide that it is the state’s policy to promote energy education and dissemination of public
                 information on energy and its impacts in relation to the list of energy policy goals established by
                 the bill.
                Provide that it is the state’s energy policy to consider, in its decision-making, the impacts of
                 energy-related activities on the energy policy goals established in the bill.
                Provide that it is the state’s energy policy to encourage the research, development,
                 demonstration, and application of domestic energy resources, including the use of renewable
                 resources.

         The bill also revises DACS’ energy-related duties to be consistent with these changes. First, the bill
         requires that DACS advocate for energy issues consistent with the bill’s list of energy policy goals.
         Next, the bill provides that DACS’ energy data analyses must address potential impacts in relation to
         the bill’s list of energy policy goals. The bill removes a provision that requires these analyses to include
         plans for development of renewable energy resources and reduction in dependence on depletable
         energy resources.

         Reliability and Resilience of Energy Infrastructure and Supply (Sections 1, 15, 17)

         Present Situation

         Florida’s Electrical Power Grid

         The electric power grid primarily consists of a network of transmission lines, substations, distribution
         lines, transformers, and meters that deliver electricity from electrical power plants to homes and
         businesses. Since 1974, the PSC has had jurisdiction over the planning, development, and
         maintenance of a coordinated electric power grid throughout Florida to assure an adequate and reliable
         source of energy for operational and emergency purposes and to avoid uneconomic duplication of
         facilities.33 The PSC exercises this jurisdiction, in part, through its review of electric utilities’ ten-year
         plans regarding power generating needs and proposed electrical power plant sites 34 and through its
         review of applications for certain electrical power plant additions and expansions and certain intrastate
         transmission line additions and expansions.

        Natural Gas Infrastructure

         Natural gas is transported to Florida consumers via three major interstate pipelines: Florida Gas
         Transmission Company (3.2 billion cubic feet, or bcf, per day), Gulfstream Natural Gas System (1.4 bcf
         per day), and Sabal Trail Interstate Pipeline (1.1 bcf per day). Florida also receive natural gas from two
         minor interstate pipelines: Gulf South Pipeline Company reaches into northwest Florida, and Southern
         Natural Gas reaches into north Florida.35 Companies seeking to build interstate natural gas pipelines
         must obtain certificates of public convenience and necessity issued by the Federal Energy Regulatory
         Commission (FERC). FERC considers both economic and environmental factors in its review. 36

         Construction and operation of intrastate natural gas pipelines generally require approval through a
         process similar to the PPSA and TLSA processes. The Natural Gas Transmission Pipeline Siting Act
         (NGTPSA)37 is the state’s process for licensing the construction and operation of such pipelines within
         Florida.38 The NGTPSA provides a centralized and coordinated permitting process for the location of
         natural gas transmission pipeline corridors and the construction and maintenance of natural gas
         transmission pipelines in Florida.39

33 Ch. 74-196,   L.O.F., codified at s. 366.04(5), F.S.
34 S. 186.801,   F.S.
35 FPSC, supra note 5, at 13 and 17.
36 See Congressional Research Service, Interstate Natural Gas Pipeline Siting: FERC Policy and Issues f or Congress,

Jun. 9, 2024, available at https://crsreports.congress.gov/product/pdf/R/ R45239 (last visited Jan. 23, 2024).
37 Ss. 403.9401-403.9425, F.S.
38 Florida Department of Environmental Protection, Natural Gas Pipeline Siting Act (July 27, 2022),

https://floridadep.gov/water/siting-c oordination-office/content/nat ural -gas-pipeline-siting-act (last visited Jan. 18, 2024).
39 S. 403.9402, F.S.
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        An intrastate natural gas pipeline does not require certification if the pipeline:
             Is less than 15 miles long or does not cross a county line;40
             Has been issued a certificate of public convenience and necessity by FERC under s. 7 of the
                Natural Gas Act;41
             Has been certified as an associated facility to an electrical power plant pursuant to the Florida
                Electrical Power Plant Siting Act;42 or
             Is owned or operated by a municipality or an agency thereof, by any person primarily for the
                local distribution of natural gas, or by a special district created by special act to distribute natural
                gas.43

        These exceptions do not preclude an applicant from applying for certification under the NGTPSA. 44

        The U.S. Department of Transportation/Pipeline and Hazardous Materials Safety Administration
        (PHMSA) implements federal pipeline safety standards for interstate and intrastate gas pipelines,
        hazardous liquid pipelines, and underground natural gas storage under the Pipeline Safety Act. 45 The
        Pipeline Safety Act authorizes state assumption of the intrastate regulatory, inspection, and
        enforcement responsibilities subject to an annual certification with PHMSA.46 State agencies must
        adopt standards that comply with the Pipeline Safety Act to qualify for certification.

        In Florida, The Gas Safety Law of 1967 authorizes the PSC to regulate the safe transmission and
        distribution of natural gas in Florida.47 The Gas Safety Law grants the PSC exclusive jurisdiction over
        “all persons, corporations, partnerships, associations, public agencies, municipalities, or other legal
        entities engaged in the operation of gas transmission or distribution facilities with respect to their
        compliance with the rules and regulations governing safety standards.” 48 Under this authority, the PSC
        promulgates rules covering the design, improvement, fabrication, installation, inspection, repair,
        reporting, testing, and safety standards of gas transmission and gas distribution systems. 49 The PSC is
        currently the state agency certified by PHMSA to inspect and enforce intrastate gas pipelines. 50

        Land Development Regulations and Comprehensive Plans

        Under the Community Planning Act, local governments manage local growth through comprehensive
        plans enforced by local land use ordinances.51 The Act prescribes certain principles, guidelines,
        standards, and strategies to allow for an orderly and balanced future land development 52 and outlines
        the required and optional elements of a comprehensive plan.53 Local governments are directed to
        create and adopt comprehensive plans which are sensitive to private property rights, have no undue
        restrictions, and leave property owners free from government action that would harm their property or
        constitute an inordinate burden on their property rights.54

        Effect of the Bill

        Intrastate Natural Gas Pipeline Permitting

40 S. 403.9405(2)(a),  F.S.
41 S. 403.9405(2)(b),  F.S.
42 S. 403.9405(2)(b), F.S.
43 S. 403.9405(2)(c), F.S.
44 S. 403.9405(2)(a)-(c), F.S.
45 See 49 U.S.C. §§ 60102-60143.
46 49 U.S.C. §§ 60105(e), 60106(d).
47 S. 368.01-061, F.S.
48 S. 368.05(1), F.S.; see also S. 368.021, F.S. (providing more entities subject to PSC jurisdiction).
49 See ch. 25-12, F.A.C.
50 Florida Public Service Commission, Agency Analysis of 2023 House Bill 81, p. 2 (October 26, 2023).
51 S. 163.3167(1)(b), F.S.
52 S. 163.3167(2), F.S.
53 S. 163.3177, F.S.
54 S. 163.3161(10), F.S. Specifically, such plans
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        The bill increases the minimum length of an intrastate natural gas pipeline that requires certification
        under the NGTPSA from 15 miles to 100 miles. A natural gas transmission pipeline company may still
        obtain certification under the NGTPSA if it chooses to do so.

        Land Development Regulations and Comprehensive Plans for Certain Natural Gas Facilities

        The bill defines the term “resiliency facility” as a facility owned and operated by a public utility for the
        purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary
        use during a system outage or natural disaster. Under the bill, “natural gas reserve” means a facility
        that is capable of storing and transporting and, when operational, actively stores and transports a
        supply of natural gas.

        The bills states that a resiliency facility is a permitted use in all commercial, industrial, and
        manufacturing land use categories in a local government comprehensive plan and in all commercial,
        industrial, and manufacturing districts.

        Under the bill, a resiliency facility must comply with the setback and landscape criteria for other similar
        uses. As long as buffer and landscaping requirements do not exceed the requirements for similar uses
        in commercial, industrial, and manufacturing land use categories and zoning districts, a local
        government may adopt an ordinance specifying such requirements for resiliency facilities.

        The bill provides that after July 1, 2024, a local government may not amend its comprehensive plan,
        land use map, zoning districts, or land development regulations in a way that would conflict with a
        resiliency facility’s classification as a permitted and allowable use, including, but not limited to, a
        nonconforming use, structure, or development.

        Security and Resiliency Assessment of Electric and Natural Gas Infrastructure

        The bill requires the PSC to conduct an assessment of the security and resiliency of the state's electric
        grid and natural gas facilities against both physical threats and cyber threats. The bill requires the PSC
        to consult with the Division of Emergency Management and, in its assessment of cyber threats, with the
        Florida Digital Service. The bill provides that all electric utilities, natural gas utilities, and natural gas
        pipelines operating in this state, regardless of ownership structure, shall cooperate with the PSC to
        provide access to all information necessary to conduct the assessment.

        The bill requires the PSC, by July 1, 2025, to submit a report of its assessment to the Governor, the
        President of the Senate, and the Speaker of the House of Representatives. The report must also
        contain any recommendations for potential legislative or administrative actions that may enhance the
        physical security or cyber security of the state's electric grid or natural gas facilities.

        Provision of Transportation Fuels by Public Utilities (Sections 4-5)

        Present Situation

        Under Florida law, the term “public utility” includes providers of electricity or natural gas, with the
        exception of rural cooperatives, municipal utilities, special districts, and wholesale-only pipeline
        companies.55 With the growing use of EVs, most public electric utilities in the state have begun to offer
        EV charging services through their own public charging equipment, charging equipment at customer
        premises, or both. These services are typically provided under pilot programs and at rates approved by
        the PSC. Some public natural gas utilities in Florida support natural gas vehicle fueling under specific
        rate schedules approved by the PSC, either through publicly accessible compressed natural gas fueling
        facilities or through delivery of such gas to customer premises for use by the customer to fuel vehicles
        (typically for fleet fueling).



55 S. 366.02(8),   F.S.
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         Effect of the Bill

         The bill provides that the PSC, without specific legislative authority, may not authorize a public utility to
         expand the scope of its regulated business activity to include direct sales of energy to a consumer
         solely for the consumer's use in powering means of transportation owned by the consumer. The bill
         provides that it does not apply to limited or pilot programs approved by the PSC before January 1,
         2024.

         The bill provides specific authority for the PSC to approve public utility programs for residential,
         customer-specific EV charging if the PSC determines that the rates and rate structure of the program
         will not adversely impact the public utility's general body of ratepayers. The bill requires that all
         revenues received from the program must be credited to the utility's retail ratepayers. The bill provides
         that it does not preclude cost recovery for EV charging programs approved by the PSC before January
         1, 2024.

         Relocation of Utility Facilities (Section 6)

         Present Situation

         Under current law, utilities bear the cost of relocating utility facilities placed upon, under, over, or within
         the right-of-way limits of any public road or publicly owned rail corridor which is found by the authority56
         to be unreasonably interfering in any way with the convenient, safe, or continuous use, or the
         maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor.
         Utility owners, upon 30 days’ notice, must eliminate the unreasonable interference within a reasonable
         time or an agreed time, at their own expense.57 These requirements apply even if the utility facility is
         within a public utility easement and the utility has a franchise agreement with the authority,
         absent some other agreement to the contrary regarding costs of relocation. 58 These costs are
         recovered by public utilities through base rates approved by the PSC.

         Effect of the Bill

         The bill authorizes natural gas public utilities to petition the PSC to annually recover prudently incurred
         costs to relocate natural gas facilities 59 to accommodate requirements imposed by DOT and local
         government entities.60 The bill allows each utility to recover such costs through a charge separate and
         apart from base rates, referred to in the bill as the natural gas facilities relocation cost recovery clause.
         Such costs may not include any costs that the utility recovers through its base rates.

         The bill requires the PSC to establish an annual proceeding to review these petitions. This review is
         limited to:
               Determining the prudence of the utility’s actual incurred natural gas facilities relocation costs ;
               Determining the reasonableness of the utility’s projected natural gas facilities relocation costs
                  for the next calendar year; and
               Providing for a true-up of the costs with the projections on which past cost recovery charges
                  were set.

         Any refund or collection made pursuant to the true-up process must include applicable interest.



56 As used in ss. 337.401-337.404,      F.S., “the authority” means DOT and local government entities. S. 337.401(1)(a), F.S
57 S. 337.403(1)(a)-(j), F.S., provides exceptions.
58 Lee County Electric Coop., Inc. v. City of Cape Coral, 159 So. 3d 126, 130 (Fla. 2d DCA 2014).
59 The bill defines natural gas facilities as gas mains, laterals, and service lines used to distribute natural gas to

customers. The term also includes all ancillary equipment needed for safe operations, including, but not limited to,
regulating stations, meters, other measuring devices, regulators, and pressure monitoring equipment.
60 The bill defines these costs as the costs to relocate or reconstruct facilities as required by a mandate, a statute, a law,

an ordinance, or an agreement between the utility and an authority, including, but not limited to, costs associated with
reviewing plans provided by an authority.
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        The bill requires that all costs approved pursuant to this clause be allocated to customer classes
        pursuant to the rate design most recently approved by the PSC. If a capital expenditure is recoverable
        as a natural gas facilities relocation cost, the public utility may recover the annual depreciation on the
        cost, calculated at the public utility’s current approved depreciation rates, and a return on the
        undepreciated balance of the costs at the public utility’s weighted average cost of capital using the last
        approved return on equity.

        The bill requires the PSC to adopt implementing rules as soon as practicable.

        Energy Guidelines for Public Business (Section 2)

        Present Situation

        Current law requires state agencies to follow specified guidelines to promote energy efficiency and
        other environmental benefits when conducting public business. 61 Such guidelines require state
        agencies to:
             Consult the Florida Climate-Friendly Preferred Products List62,63 when procuring products from
               state term contracts 64 and procuring such products if the price is comparable; 65
             Contract for meeting and conference space only with facilities that have received the “Green
               Lodging” designation from DEP for best practices in water, energy, and wastewater efficiency
               standards, absent a determination from the agency head that no other viable alternative
               exists;66
             Ensure all maintained vehicles meet minimum maintenance schedules shown to reduce fuel
               consumption and reporting compliance to the Department of Management Services (DMS);67
               and
             Use ethanol and biodiesel blended fuels when available. State agencies administering central
               fueling operations for state-owned vehicles must procure biofuels for fleet needs to the greatest
               extent practicable.68

        Additionally, when procuring new vehicles, state agencies, state universities, community colleges, and
        local governments that purchase vehicles under a state purchasing plan must first define the intended
        purpose for the vehicle and determine which statutorily listed use class 69 the vehicle is being procured
        for. These vehicles must be selected based on the greatest fuel efficiency available for the appropriate
        use class when fuel economy data is available. Exceptions may be made for emergency response
        vehicles in certain circumstances.70

        Goods Produced by Child and Forced Labor

61 S. 286.29, F.S.
62 The Florida Climate-Friendly  Preferred Products List is developed by the Department of Management Services (DMS),
which works with the Department of Environmental Protection to continually assess the list. The list identifies specific
products and vendors that offer energy efficiency or other environmental benefits over competing products. See s.
286.29(1), F.S.
63 The Florida Climate-Friendly Preferred Products List was last updated in January of 2021 and contains 12

recommended products, which all are categorized as either hand sanitizer or cleaning supplies. See Florida Climate-
Friendly Preferred Products List, Department of Management Services (Jan. 2021),
https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/florida_climate -
friendly_preferred_products_list (last visited Jan. 12, 2024).
64 A state term contract is a contract for commodities or contractual services that is competitively procured by DMS and is

used by agencies and other eligible users. See ss. 287.012(28), F.S. and 287.042(2)(a), F.S
65 S. 286.29(1), F.S.
66 S. 286.29(2), F.S.
67 S. 286.29(3), F.S.
68 S. 286.29(5), F.S.
69 Vehicle use classes include: state business travel, designated operator; state business travel, pool operators;

construction, agricultural, or maintenance work; conveyance of passengers; conveyance of building or maintenance
materials and supplies; off-road vehicle, motorcycle, or all-terrain vehicle; emergency response; or other. S. 286.29(4),
F.S.
70 S. 286.29(4), F.S.
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        The Bureau of International Labor Affairs (ILAB) in the United States Department of Labor maintains a
        list of goods and the countries which they are sourced from which ILAB has reason to believe are
        produced by child labor or forced labor. ILAB maintains this list to raise awareness about these issues
        in an effort to combat them. This list also provides information to consumers by highlighting product
        categories that may be at risk of being produced with child labor or forced labor.71

        Effect of the Bill

        Under the bill, DMS is no longer required to maintain the Florida Climate-Friendly Preferred Products
        List, and state agencies are no longer required to consult the list when procuring products from state
        term contracts.

        The bill repeals the requirement that state agencies contract for meeting and conference space only
        with hotels or conference facilities that have received the “Green Lodging” designation.

        Under the bill, state agencies, local governments, state universities, and community colleges procuring
        a new vehicle no longer have to select each vehicle based on the greatest fuel efficiency available for
        the use class.

        The bill requires DMS, in consultation with the Department of Commerce (COM) and DACS, to develop
        the Florida Humane Preferred Energy Products List. In developing the list, DMS must assess products
        currently available for purchase under state term contracts and identify specific products that appear to
        be largely made free from forced labor if the products contain or consist of:
             An energy storage device with a capacity of greater that one kilowatt, or
             An energy generation device with a capacity of greater than 500 kilowatts.

        Under the bill, the term “forced labor” means any work performed or service rendered that is:
            Obtained by intimidation, fraud, or coercion, including by threat of serious bodily harm to, or
               physical restraint against, a person, by means of a scheme intended to cause the person to
               believe that if he or she does not perform such labor or render such service, the person will
               suffer serious bodily harm or physical restraint, or by means of the abuse or threatened abuse
               of law or the legal process;
            Imposed on the basis of a characteristic that has been held by the United States Supreme Court
               or the Florida Supreme Court to be protected against discrimination under the Fourteenth
               Amendment to the United States Constitution or under s. 2, Art. I of the State Constitution,
               including race, color, national origin, religion, gender, or physical disability;
            Not performed or rendered voluntarily by a person; or
            In violation of the Child Labor Law or otherwise performed or rendered through oppressive child
               labor.

        When procuring the specified energy storage and generation devices, state agencies and political
        subdivisions must consult the Florida Humane Preferred Energy Products List and only purchase
        products from the list.

        Energy Grant Programs (Sections 10-14)

        Present Situation

        Renewable Energy and Energy-Efficient Technologies Grant Program

        The Renewable Energy and Energy-Efficient Technologies (REET) Grant Program is established within
        DACS to provide matching grants for demonstration, commercialization, research, and development
        projects relating to renewable energy technologies and innovative technologies that significantly

71 U.S. Department of Labor, Bureau of International Labor Affairs, List of Goods Produced by Child Labor or Forced
Labor, https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods (last visited Jan. 12, 2024).
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DATE: 2/13/2024
        increase energy efficiency for vehicles and commercial buildings. 72 The REET program is no longer
        active.73

        Florida Green Government Grants Act

        DACS also administers the Florida Green Government Grants Act. 74 DACS is directed to adopt rules
        and come up with green government standards that provide for cost-efficient solutions, reducing
        greenhouse gas emissions, improving quality of life, and strengthening the state’s economy.75 DACS
        must administer the program to assist local governments, including municipalities, counties, and school
        districts in the development and implementation of programs that achieve green standards. 76 The
        Florida Green Government Grants program is no longer active.77

        Energy Economic Zone Pilot Program

        In 2009, the Legislature authorized the creation of the Energy Economic Zone Pilot Program for the
        purpose of developing a model area that incorporates energy-efficient land-use patterns, cultivates
        green economic development, encourages the generation of renewable electric energy, and promotes
        the manufacturing of “green” products and jobs.78 Florida law directs the Department of Commerce,79 in
        consultation with the Department of Transportation to implement the program. 80 The local governing
        body over each designated pilot energy economic zone is responsible for allocating state credits,
        refunds, and exemptions up to a maximum of $300,000 per a fiscal year. 81 The last of the program’s
        credits were given to a taxpayer in 2015, and there are no outstanding taxpayer carryovers of unused
        credits.82

        Qualified Energy Conservation Bond Allocation

        Qualified Energy Conservation Bonds (QECBs) are taxable bonds that are issued by state or local
        governments to finance one or more qualified energy conservation purpose. QCEBs are federally
        funded, with Congress first authorizing the program in 2008. Examples of qualified projects include
        energy efficiency capital expenditures in public buildings, green communities, renewable energy
        production, and energy efficiency education campaigns.83 Current law authorizes DACS to establish an
        allocation program for Florida’s QCEB allocation in accordance with federal law. 84

        Effect of the Bill

        The bill repeals the REET Grant Program, the Florida Green Government Grants Act, the Energy
        Economic Zone Pilot Program, and all provisions related to Qualified Energy Conservation Bonds.



72 S. 377.804,   F.S.
73 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer
Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024).
74 S. 377.808, F.S.
75 S. 377.808(2), F.S.
76 Id.
77 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer

Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024).
78 S. 377.809(1), F.S.
79 In 2023, the Department of Economic Opportunity was renamed as the Department of Commerce. See Chapter 2023-

173, Laws of Fla.
80 S. 377.809(1), F.S.
81 Department of Revenue, Agency Analysis of 2024 House Bill 1645, p. 2 (Jan. 31, 2024).
82 Id.
83 Kelly Smith Burk, Florida Department of Agriculture and Consumer Services, Qualified Energy Efficiency Conservation

Bonds (QCEB) Formula Allocations to Large Local Jurisdiction (Apr. 23, 2015),
https://ccmedia.fdacs.gov/content/download/60128/file/FDACS% 27_Memorandum_regarding_Qualified_Energy_Conserv
ation_Bond_Formula_Allocations_to_Large_Local_Governments.pdf (last visited Jan. 25, 2024).
84 S. 377.816, F.S.
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        Under the bill, no new applications, certifications, or allocations may be approved; no new letters of
        certification may be issued; no new contracts or agreements may be executed; and no new awards
        may be made for the repealed programs. All certifications or allocations issued under such programs
        are rescinded except for the certifications of, or allocations to, those certified applicants or projects that
        continue to meet the applicable criteria in effect before July 1, 2024. Any existing contract or agreement
        authorized under any of these programs shall continue in full force and effect in accordance with the
        statutory requirements in effect when the contract or agreement was executed or last modified.
        However, further modifications, extensions, or waivers may not be made or granted relating to such
        contracts or agreements, except computations by the Department of Revenue of the income generated
        by or arising out of the qualifying project.

        Consumer Choice of Energy Resources (Sections 3, 16)

        Present Situation

        Community Development Districts

        Community development districts (CDDs) are a type of independent special district intended to provide
        urban community services in a cost-effective manner by managing and financing the delivery of basic
        services and capital infrastructure to developing communities without overburdening other governments
        and their taxpayers.85 As of January 18, 2024, there were 961 active CDDs in Florida. 86

        Each CDD is governed by a five-member board elected by the landowners of the district on a one-acre,
        one-vote basis.87 Board members serve four-year terms, except some initial board members serve a
        two-year term for the purpose of creating staggered terms.88 After the sixth year (for districts of up to
        5,000 acres) or the 10th year (for districts exceeding 5,000 acres or for a compact, urban, mixed-use
        district89) following the CDD’s creation, each member of the board is subject to election by the electors
        of the district at the conclusion of their term. However, this transition does not occur if the district has
        fewer than 250 qualified electors (for districts of up to 5,000 acres) or 500 qualified electors (for districts
        exceeding 5,000 acres or for a compact, urban, mixed-use district).90

        Homeowners’ Associations

        A homeowners’ association (HOA) is an association of residential property owners in which voting
        membership is made up of parcel owners and membership is a mandatory condition of parcel
        ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
        parcel.91

        Only HOAs whose covenants and restrictions include mandatory assessments are regulated under
        chapter 720, F.S., the Homeowners’ Association Act (HOA Act). An HOA is administered by an elected
        board of directors (board). The powers and duties of an HOA include the powers and duties provided in
        the HOA Act and in the association’s governing documents, which include the recorded covenants and
        restrictions, together with the bylaws, articles of incorporation, and duly adopted amendments to those
        documents.92




85 S. 190.002(1)(a),  F.S.
86 Dept. of Commerce,     Special District Accountability Program, Official List of Special Districts, available at
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Jan. 26, 2024).
87 S. 190.006(2), F.S.
88 S. 190.006(1), F.S.
89 S. 190.006(3)(a)2.a., F.S. A “compact, urban, mixed-use district” is a district located within a municipality and a CRA

that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retai l
development and 500 residential units. S, 190.003(7), F.S.
90 S. 190.006(3)(a)2.b., F.S.
91 S. 720.301(9), F.S.
92 See generally ch. 720, F.S.
STORAGE NAME: h1645d.COM                                                                                             PAGE: 14
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        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.

        HOA governing documents may not:
           Prohibit a homeowner from displaying up to two portable, removable flags in a respectful
             manner, consistent with the requirements for the United States flag.93
           Prohibit any property owner from implementing Florida-friendly landscaping94 on his or her land
             or create any requirement or limitation in conflict with any provision of part II of Chapter 373,
             F.S., regarding consumptive uses of water or a water shortages order.95
           Prohibit solar collectors, clotheslines, or other energy devices based on renewable resources
             from being installed on buildings erected on the lots or parcels covered by the deed restriction,
             covenant, declaration, or binding agreement.96

        Additionally, HOAs may not restrict the installation, display, and storage of any items on a parcel that
        are not visible from the parcel’s frontage or an adjacent parcel, unless the item is prohibited by general
        law or local ordinance. Such items include, but are not limited to:97
            Artificial turf.
            Boats.
            Flags.
            Recreational vehicles.

        Effect of the Bill

        Prohibition of CDD Energy Use Restrictions

        The bill provides that development district resolutions, ordinances, rules, codes, or policies, may not
        take any action that restricts or prohibits, or has the effect of restricting or prohibiting, certain types or
        fuel sources of energy production which may be used, delivered, converted, or supplied by the
        following entities to serve customers that these entities are authorized to serve:
              Investor-owned electric utilities;
              Municipal electric utilities;
              Rural electric cooperatives;
              Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
              Investor-owned gas utilities;
              Gas districts;
              Municipal natural gas utilities;
              Natural gas transmission companies; and
              Certain propane dealers, dispensers, and gas cylinder exchange operators.

        The bill also provides that development district resolutions, ordinances, rules, codes, or policies, may
        not take any action that restricts or prohibits, or have the effect of restricting or prohibiting, the use of




93 S. 720.3075(3),  F.S.
94 Section 373.185,   F.S., defines “Florida-friendly landscaping” as quality landscapes that conserve water, protect the
environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include
planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attractio n of wildlife,
responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection.
Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of
solid waste compost, minimizing the use of irrigation, and proper maintenance.
95 S. 720.3075(4), F.S.
96 S. 163.04(2), F.S.
97 S. 720.3045, F.S.
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         any appliance,98 including a stove or grill, which uses the types or fuel source of energy production
         which may be used, delivered, converted, or supplied by the entities listed above.

         Prohibition of HOA Energy Use Restrictions

         The bill provides that HOA documents, including declarations of covenants, articles of incorporation, or
         bylaws, may not preclude the types or fuel sources of energy production which may be used, delivered,
         converted, or supplied by the following entities to customer within the HOA that these entities are
         authorized to serve:
              Investor-owned electric utilities;
              Municipal electric utilities;
              Rural electric cooperatives;
              Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
              Investor-owned gas utilities;
              Gas districts;
              Municipal natural gas utilities;
              Natural gas transmission companies; and
              Certain propane dealers, dispensers, and gas cylinder exchange operators.

         The bill also provides that HOA declarations of covenants, articles of incorporation, or bylaws may not
         preclude, the use of any appliance,99 including a stove or grill, which uses the types or fuel source of
         energy production which may be used, delivered, converted, or supplied by the entities listed above.

         Developing Energy Technologies (Sections 18, 19)

         Present Situation

         Nuclear Technologies

         Historically, nuclear power generation in the United States has relied on large light water reactors
         (LWRs) which were first commercialized in the 1950s. 100 Following the passage of the 2005 Energy
         Policy Act, federal loan guarantees along with state financing mechanisms began to spur activity in
         nuclear reactor development throughout states.101 This activity slowed after public sentiment turned
         against nuclear power due to safety concerns related to the 2011 disaster at the Fukushima Daiichi
         nuclear plant in Japan and after the economics of power generation changed due to falling natural gas
         prices.102 However, there has been increasing interest in “advanced nuclear reactors” 103 and “small
         modular reactors”104 recently.105 Advanced nuclear reactors are believed to improve upon earlier
         generations of reactors in areas of: cost, safety, security, waste management, and versatility. 106

         Nuclear energy is “carbon-free” as it does not directly produce carbon dioxide or other greenhouse


98 The bill defines  the term “appliance” as a device or apparatus manufactured and designed to use energy and for which
the Florida Building Code or the Florida Fire Prevention Code provides specific requirements.
99 The bill defines the term “appliance” as a device or apparatus manufactured and designed to use energy and for which

the Florida Building Code or the Florida Fire Prevention Code provides specific requirements.
100 MARK HOLT, CONG. RSCH. S ERV ., R45706, A DVANCED NUCLEAR REACTORS: TECHNOLOGY OVERVIEW AND CURRENT ISSUES

(2023) [hereinafter CRS Report, Advanced Nuclear Reactors].
101 Daniel Shea, Nuclear Policy in the States: A National Review, Journal of Critical Infrastructure Policy, Fall/Winter 2023,

at 14-15 [hereinafter Shea, Nuclear Policy in the States].
102 Id. at 15.
103 An advanced nuclear reactor is a fission reactor “with significant improvements compared to reactors operating on the

date of enactment” or a reactor using nuclear fusion. 42 U.S.C § 16271(b)(1).
104 Small modular reactors are a form of advanced nuclear reactor with an electric generating capacity of 300 MW.

Advanced nuclear reactors can be configured into small modular reactors. CRS Report, Advanced Nuclear Reactors,
supra note 98, at 3-4.
105 Id. at Introduction.
106 CRS Report, Advanced Nuclear Reactors, supra note 98, at 3.
STORAGE NAME: h1645d.COM                                                                                              PAGE: 16
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        gases.107 Nuclear power provides more than half of the carbon-free electricity produced in the U.S.108
        Nuclear energy currently constitutes 8% of electric generating capacity in the United States, yet
        generates 18% of the total electricity in the country.109 Nuclear energy generates about 13% of total
        electricity generation in Florida.110 This is because most nuclear plants operate around the clock and
        generate at maximum capacity around 93% of the time – nearly twice the capacity factor of resources
        like coal and natural gas, and triple that of wind and solar.111

        State legislation related to nuclear energy has increased over the past decades. 112 These policies
        address different vantage points; some states have enacted policies to insulate their existing fleet of
        reactors from premature closure, while others have enacted policies to develop new nuclear
        capacity.113 Many states have directed the conduct of studies on advanced nuclear reactors.114

        Hydrogen for Transportation

        Hydrogen powered vehicles use hydrogen as a fuel source and produce no harmful tailpipe emissions
        as they only emit water vapor and warm air.115 Currently, hydrogen powered vehicles are only available
        in select markets like southern and northern California.116 This is because California is the only state
        which has a hydrogen fueling infrastructure, with over 60 public stations.117

        California implemented its hydrogen fueling infrastructure with its “Hydrogen Highway Network”
        (Network) in 2004, which was later implemented by the legislature in 2005. The Network was designed
        with the desire to expand zero-emission hydrogen fuel cell electric cars by expanding California’s
        network of hydrogen refueling stations.118 While hydrogen powered vehicles are environmentally
        beneficial, issues arise from the fueling infrastructure. Such issues, made apparent by the Network,
        include119:
             Vehicles becoming stranded because of lack of fueling stations;
             Frequent station malfunctions/shortages; and
             High state subsidies per fueling station.

        In October 2023, the U.S. Department of Energy announced $7 billion in federal funding under the
        Bipartisan Infrastructure Law to fund seven Regional Clean Hydrogen Hubs. The purpose of these
        investments is to “accelerate the commercial-scale deployment of clean hydrogen helping to generate
        clean, dispatchable power, create a new form of energy storage, and decarbonize heavy industry and
        transportation.”120

107 Anne White & Aaron Krol, Nuclear Energy,      Climate Portal (Oct. 14, 2020), https://climate.mit.edu/explainers/nuclear-
energy (last visited Jan. 13, 2024).
108 Id.
109 U.S. Energy Information Administration, U.S. energy facts explained, https://www.eia.gov/energyexplained/us-energy-

facts/data-and-statistics.php (last visited Jan. 12, 2024).
110 U.S. Energy Information Administration, Florida’s electricity generation mix is changing, (Aug. 24, 2023),

https://www.eia.gov/todayinenergy/detail.php?id=60221 (last visited Jan. 19, 2024).
111 Shea, Nuclear Policy in the States, supra note 99, at 16.
112 Daniel Shea, Nuclear Power and the Clean Energy Transition (Apr. 6, 2023), https://www.ncsl.org/energy/nuclear-

power-and-the-clean-energy-transition (last visited Jan. 13, 2024) (noting an increase from 74 bills considered in 2016 to
more than 160 bills considered in 2022 in relation to nuclear energy).
113 Id.
114 See e.g., MICH. COMP. LAWS § 460.10hh (2022); Montana Senate Joint Resolution 3 (2021); Penn. HR 238 (2022).
115 United States Department of Energy, Fuel Cell Electric Vehicles, https://afdc.energy.gov/vehicles/fuel_cell.html (last

visited Jan. 13, 2024).
116 United States Department of Energy, Hydrogen Fuel Cell Electric Vehicle Availability,

https://afdc.energy.gov/vehicles/fuel_c ell_availability.html (last visited Jan. 13, 2024).
117 United States Department of Energy, Hydrogen Fueling Station Locations by State, https://afdc.energy.gov/data/10370

(last visited Jan. 13, 2024).
118 California Energy Commission, Hydrogen Vehicles & Refueling Infrastructure, https://www.energy.ca.gov/programs-

and-topics/programs/clean-transportation-program/clean-t ransportation-funding-areas-1 (last visited Jan. 13, 2014).
119 Evan Halper, Is California’s ‘Hydrogen Highway’ a road to nowhere?, L.A. Times, Aug. 10, 2021.
120 U.S. DOE, Office of Clean Energy Demonstrations, Regional Clean Hydrogen Hubs Selections for Award Negotiations ,

https://www.energy.gov/oced/regional -clean-hydrogen-hubs-selections-award-negotiations (last visited Jan. 26, 2024).
STORAGE NAME: h1645d.COM                                                                                             PAGE: 17
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       Effect of the Bill

       Evaluation of Advanced Nuclear Technologies

       The bill requires the PSC to study and evaluate the technical and economic feasibility of using
       advanced nuclear power technologies, including SMRs, to meet the electrical power needs of the state.
       The bill also requires the PSC to research means to encourage installation and use of nuclear
       technologies at military installations in the state in partnership with public utilities. In conducting this
       study, the PSC must consult with the Department of Environmental Protection and the Division of
       Emergency Management.

       By April 1, 2025, the PSC must prepare and submit a report to the Governor, the President of the
       Senate, and the Speaker of the House of Representatives containing its findings and recommendations
       for potential legislative or administrative actions that may enhance the use of advanced nuclear
       technologies in a manner consistent with the state energy policy goals established by the bill.

       Evaluation of Hydrogen Fueling Infrastructure

       The bill requires DOT, in consultation with DACS, to study and evaluate the potential development of
       hydrogen fueling infrastructure, including fueling stations, to support hydrogen-powered vehicles that
       use the state highway system.

       By April 1, 2025, DOT must prepare and submit a report to the Governor, the President of the Senate,
       and the Speaker of the House of Representatives containing its findings and any recommendations for
       potential legislative or administrative actions concerning the development of hydrogen fueling
       infrastructure in manner consistent with the state energy policy goals established by the bill.

   B. SECTION DIRECTORY:
       Section 1.      Creates s. 163.3210, F.S., relating to natural gas resiliency and reliability infrastructure.

       Section 2.      Amends s. 286.29, F.S., relating to energy guidelines for public business.

       Section 3.       Amends s. 366.032, F.S., relating to preemptions over utility service restrictions.

       Section 4.      Amends s. 366.04, F.S., relating to jurisdiction of the Public Service Commission.

       Section 5.      Amends s. 366.94, F.S., relating to electric vehicle charging.

       Section 6.      Creates s. 366.99, F.S.; relating to natural gas facilities relocation costs.

       Section 7.      Amends s. 377.601, F.S., relating to legislative intent.

       Section 8.    Amends s. 377.6015, F.S., relating to the Department of Agriculture and Consumer
       Services; powers and duties.

       Section 9.  Amends s. 377.703, F.S., relating to additional functions of the Department of Agriculture
       and Consumer Services.

       Section 10.     Repeals energy-related incentive programs.

       Section 11.     Provides application relating to existing agreements under certain programs

       Section 12.     Amends s. 220.193, F.S., relating to Florida renewable energy production credit.

       Section 13.     Amends s. 288.9606, F.S., relating to issue of revenue bonds.

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       Section 14.    Amends s. 380.0651, F.S., relating to statewide guidelines, standards, and exemptions.

       Section 15. Amends s. 403.9405, F.S. relating to applicability; certification; exemption; notice of
       intent under the Natural Gas Transmission Pipeline Siting Act.

       Section 16.    Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.

       Section 17.    Directs the Public Service Commission to conduct a security and resiliency assessment.

       Section 18. Directs the Public Service Commission to study and evaluate advanced nuclear
       technologies.

       Section 19. Directs the Department of Transportation to study and evaluate hydrogen fueling
       infrastructure.

       Section 20.    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:
           The bill may have a negative impact on state government expenditures because it imposes the
           following new requirements for specified state agencies, which may require the expenditure of
           resources:
                 PSC assessment of the security and resiliency of the state's electric grid and natural gas
                   facilities;
                 DMS development of a Florida Humane Preferred Energy Products List;
                 PSC study and evaluation of advanced nuclear power technologies; and
                 DOT study and evaluation of the potential development of hydrogen fueling infrastructure.

           Affected agencies may be able to satisfy all or some of these requirements with existing resources.
           Further, affected agencies may see expenditures offset to some degree by potential savings, and
           other agencies may see reduced expenditures, related to:
                Elimination of certain state purchasing requirements; and
                Expansion of the types of intrastate natural gas pipelines that are exempt from siting under
                  the Natural Gas Transmission Pipeline Siting Act.

           The impact of requiring state agencies to purchase certain energy-related items from a new Florida
           Humane Preferred Energy Products List, as required by the bill, is indeterminate, but likely not
           significant.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The impact of requiring political subdivisions of the state to purchase certain energy-related items
           from a new Florida Humane Preferred Energy Products List, as required by the bill, is
           indeterminate.

STORAGE NAME: h1645d.COM                                                                                  PAGE: 19
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   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill refocuses state energy policy on promoting and ensuring a cost-effective, reliable, resilient,
       safe, diverse, and U.S. sourced energy supply and makes specific changes in law to meet these policy
       goals. The bill also attempts to streamline certain regulatory requirements to strengthen energy
       infrastructure, prepare Florida to respond to changing market forces, and increase market-based
       policies within Florida’s various energy sectors. To the extent these changes succeed, there will be
       direct positive impacts on the economic well-being of Florida’s businesses and consumers.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
         action requiring the expenditures of funds; reduce the authority that counties or municipalities have
         to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill provides that the PSC must adopt rules to implement the provisions of the bill that allow for the
       recovery of natural gas utility relocation costs.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On January 30, 2024, the Energy, Communications & Cybersecurity Subcommittee adopted a strike-all
   amendment to the bill and reported the bill favorably as a committee substitute. The strike-all amendment:
       Removed provisions that:
             o Require public utilities to obtain approval from the Public Service Commission (PSC) to
                retire certain electrical power plants and require the PSC to inform and provide technical
                support to the Attorney General if a plant retirement is required or induced by federal
                regulation and is inconsistent with the state’s energy policy goals.
             o Require the PSC to develop certain smart grid policies to be submitted for consideration by
                the Legislature.
             o Require the Department of Transportation (DOT) to offer potential access to vendors of
                certain alternative motor vehicle fuels and repowering stations along the turnpike system.
             o Create an Electric Vehicle Battery Deposit Program within the Department of Highway
                Safety and Motor Vehicles.
       Provided for the recovery of certain facility relocation costs incurred by a natural gas utility through
         a charge separate from the utility’s base rates.
       Extended due dates for certain reports that the bill requires the PSC and DOT to submit.
       Corrected drafting errors.

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

STORAGE NAME: h1645d.COM                                                                                  PAGE: 20
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           CS/HB 1645                                                                                           2024




    1                                         A bill to be entitled
    2              An act relating to energy resources; creating s.
    3              163.3210, F.S.; providing legislative intent;
    4              providing definitions; allowing resiliency facilities
    5              in certain land use categories in local government
    6              comprehensive plans and specified districts if certain
    7              criteria are met; allowing local governments to adopt
    8              ordinances for resiliency facilities if certain
    9              requirements are met; prohibiting amendments to a
10                 local government's comprehensive plan, land use map,
11                 zoning districts, or land development regulations in a
12                 manner that would conflict with resiliency facility
13                 classification after a specified date; amending s.
14                 286.29, F.S.; revising energy guidelines for public
15                 businesses; eliminating the requirement that the
16                 Department of Management Services develop and maintain
17                 the Florida Climate-Friendly Preferred Products List;
18                 eliminating the requirement that state agencies
19                 contract for meeting and conference space only with
20                 facilities that have a Green Lodging designations;
21                 eliminating the requirement that state agencies, state
22                 universities, community colleges, and local
23                 governments that procure new vehicles under a state
24                 purchasing plan select certain vehicles under a
25                 specified circumstance; requiring the Department of

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        CS/HB 1645                                                                                           2024




26              Management Services to develop a Florida Humane
27              Preferred Energy Products List in consultation with
28              the Department of Commerce and the Department of
29              Agriculture and Consumer Services; providing for
30              assessment considerations in developing the list;
31              defining the term "forced labor"; requiring state
32              agencies and political subdivisions that procure
33              energy products from state term contracts to consult
34              the list and purchase or procure such products;
35              prohibiting state agencies and political subdivisions
36              from purchasing or procuring products not included in
37              the list; amending s. 366.032, F.S.; including
38              development districts as a type of political
39              subdivision for purposes of preemption over utility
40              service restrictions; amending s. 366.04, F.S.;
41              revising the jurisdiction of the Florida Public
42              Service Commission; amending s. 366.94, F.S.; removing
43              terminology; conforming provisions to changes made by
44              the act; authorizing the commission upon a specified
45              date to approve voluntary public utility programs for
46              electric vehicle charging if certain requirements are
47              met; requiring that all revenues received from such
48              program be credited to the public utility's general
49              body of ratepayers; providing applicability; creating
50              s. 366.99, F.S.; providing definitions; authorizing

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        CS/HB 1645                                                                                           2024




51              public utilities to submit to the commission a
52              petition for a proposed cost recovery for certain
53              natural gas facilities relocation costs; requiring the
54              commission to conduct annual proceedings to determi ne
55              each utility's prudently incurred natural gas
56              facilities relocation costs and to allow for the
57              recovery of such costs; providing requirements for the
58              commission's review; providing requirements for the
59              allocation of such recovered costs; requiring the
60              commission to adopt rules; providing a timeframe for
61              such rulemaking; amending s. 377.601, F.S.; revising
62              legislative intent; amending s. 377.6015, F.S.;
63              revising the powers and duties of the department;
64              conforming provisions to changes made by the act;
65              amending s. 377.703, F.S.; revising additional
66              functions of the department relating to energy
67              resources; conforming provisions to changes made by
68              the act; repealing s. 377.801, F.S., relating to the
69              Florida Energy and Climate Protection Act; repealing
70              s. 377.802, F.S., relating to the purpose of the act;
71              repealing s. 377.803, F.S., relating to definitions
72              under the act; repealing s. 377.804, F.S., relating to
73              the Renewable Energy and Energy-Efficient Technologies
74              Grants Program; repealing s. 377.808, F.S., relating
75              to the Florida Green Government Grants Act; repealing

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         CS/HB 1645                                                                                           2024




 76              s. 377.809, F.S., relating to the Energy Economic Zone
 77              Pilot Program; repealing s. 377.816, F.S., relating to
 78              the Qualified Energy Conservation Bond Allocation
 79              Program; prohibiting the approval of new or additional
 80              applications, certifications, or allocations under
 81              such programs; prohibiting new contracts, agreements,
 82              and awards under such programs; rescinding all
 83              certifications or allocations issued under such
 84              programs; providing an exception; providing
 85              application relating to existing contracts or
 86              agreements under such programs; amending ss. 220.193,
 87              288.9606, and 380.0651, F.S.; conforming provisions to
 88              changes made by the act; amending s. 403.9405, F.S.;
 89              revising the applicability of the Natural Gas
 90              Transmission Pipeline Siting Act; amending s.
 91              720.3075, F.S.; prohibiting certain homeowners'
 92              association documents from precluding certain types or
 93              fuel sources of energy production and the use of
 94              certain appliances; requiring the commission to
 95              conduct an assessment of the security and resiliency
 96              of the state's electric grid and natural gas
 97              facilities against physical threats and cyber threats;
 98              requiring the commission to consult with the Division
 99              of Emergency Management and the Florida Digital
100              Service; requiring cooperation from all operating

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         CS/HB 1645                                                                                           2024




101              facilities in the state relating to such assessment;
102              requiring the commission to submit by a specified date
103              a report of such assessment to the Governor and the
104              Legislature; providing additional content requirements
105              for such report; requiring the commission to study and
106              evaluate the technical and economic feasibility of
107              using advanced nuclear power technologies to meet the
108              electrical power needs of the state; requiring the
109              commission to research means to encourage and foster
110              the installation and use of such technologies at
111              military installations in partnership with public
112              utilities; requiring the commission to consult with
113              the Department of Environmental Protection and the
114              Division of Emergency Management; requiring the
115              commission to submit by a specified date a report to
116              the Governor and the Legislature that contains its
117              findings and any additional recommendations for
118              potential legislative or administrative actions;
119              requiring the Department of Transportation, in
120              consultation with the Office of Energy within the
121              Department of Agriculture and Consumer Services, to
122              study and evaluate the potential development of
123              hydrogen fueling infrastructure to support hydrogen -
124              powered vehicles; requiring the department to submit
125              by a specified date a report to the Governor and the

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126              Legislature that contains its findings and
127              recommendations for specified actions that may
128              accommodate the future development of hydrogen fueling
129              infrastructure; providing effective dates.
130
131      Be It Enacted by the Legislature of the State of Florida:
132
133              Section 1.          Section 163.3210, Florida Statutes, is created
134      to read:
135              163.3210           Natural gas resiliency and reliability
136      infrastructure.-
137              (1)         It is the intent of the Legislature to maintain,
138      encourage, and ensure adequate and reliable fuel sources for
139      public utilities. The resiliency and reliability of fuel sources
140      for public utilities is critical to the state's economy; the
141      ability of the state to recover from natural disasters; and the
142      health, safety, welfare, and quality of life of the residents of
143      the state.
144              (2)         As used in this section, the term:
145              (a)         "Natural gas" means all forms of fuel commonly or
146      commercially known or sold as natural gas, including compressed
147      natural gas and liquefied natural gas.
148              (b)         "Natural gas reserve" means a facility that is capable
149      of storing and transporting and, when operational, actively
150      stores and transports a supply of natural gas.

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151              (c)         "Public utility" has the same meaning as defined in s.
152      366.02.
153              (d)         "Resiliency facility" means a facility owned and
154      operated by a public utility for the purposes of assembling,
155      creating, holding, securing, or deploying natural gas reserves
156      for temporary use during a system outage or natural disaster.
157              (3)         A resiliency facility is a permitted use in all
158      commercial, industrial, and manufacturing land use categories in
159      a local government comprehensive plan and all commercial,
160      industrial, and manufacturing districts. A resiliency facility
161      must comply with the setback and landscape criteria f or other
162      similar uses. A local government may adopt an ordinance
163      specifying buffer and landscaping requirements for resiliency
164      facilities, provided such requirements do not exceed the
165      requirements for similar uses involving the construction of
166      other facilities that are permitted uses in commercial,
167      industrial, and manufacturing land use categories and zoning
168      districts.
169              (4)         After July 1, 2024, a local government may not amend
170      its comprehensive plan, land use map, zoning districts, or land
171      development regulations in a manner that would conflict with a
172      resiliency facility's classification as a permitted and
173      allowable use, including, but not limited to, an amendment that
174      causes a resiliency facility to be a nonconforming use,
175      structure, or development.

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         CS/HB 1645                                                                                           2024




176              Section 2.         Section 286.29, Florida Statutes, is amended to
177      read:
178              286.29        Energy guidelines for Climate-friendly public
179      business.—The Legislature recognizes the importance of
180      leadership by state government in the area of energy efficiency
181      and in reducing the greenhouse gas emissions of state government
182      operations. The following shall pertain to all state agencies
183      when conducting public business:
184              (1)         The Department of Management Services shall develop
185      the "Florida Climate-Friendly Preferred Products List." In
186      maintaining that list, the department, in consultation with the
187      Department of Environmental Protection, shall continually assess
188      products currently available for purchase under state term
189      contracts to identify specific products and vendors that offer
190      clear energy efficiency or other environmental benefits over
191      competing products. When procuring products from state term
192      contracts, state agencies shall first consult the Florida
193      Climate-Friendly Preferred Products List and procure such
194      products if the price is comparable.
195              (2)         State agencies shall contract for meeting and
196      conference space only with hotels or conference facilities that
197      have received the "Green Lodging" designation from the
198      Department of Environmental Protection for best practices in
199      water, energy, and waste efficiency standards, unless the
200      responsible state agency head makes a determination that no

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201      other viable alternative exists.
202              (1)(3)        Each state agency shall ensure that all maintained
203      vehicles meet minimum maintenance schedules shown to reduce fuel
204      consumption, which include:
205              (a)         Ensuring appropriate tire pressures and tread depth .;
206              (b)         Replacing fuel filters and emission filters at
207      recommended intervals.;
208              (c)         Using proper motor oils.; and
209              (d)         Performing timely motor maintenance.
210
211      Each state agency shall measure and report compliance to the
212      Department of Management Services through the Equipment
213      Management Information System database.
214              (4)         When procuring new vehicles, all state agencies, state
215      universities, community colleges, and local governments that
216      purchase vehicles under a state purchasing plan shall first
217      define the intended purpose for the vehicle and determine which
218      of the following use classes for which the vehicle is being
219      procured:
220              (a)         State business travel, designated operator;
221              (b)         State business travel, pool operators;
222              (c)         Construction, agricultural, or maintenance work;
223              (d)         Conveyance of passengers;
224              (e)         Conveyance of building or maintenance materials and
225      supplies;

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226              (f)         Off-road vehicle, motorcycle, or all-terrain vehicle;
227              (g)         Emergency response; or
228              (h)         Other.
229
230      Vehicles described in paragraphs (a) through (h), when being
231      processed for purchase or leasing agreements, must be selected
232      for the greatest fuel efficiency available for a given use class
233      when fuel economy data are available. Exceptions may be made for
234      individual vehicles in paragraph (g) when accompanied, during
235      the procurement process, by documentation indicating that the
236      operator or operators will exclusively be emergency first
237      responders or have special documented need for exceptional
238      vehicle performance characteristics. Any request for an
239      exception must be approved by the purchasing agency head and any
240      exceptional performance characteristics denoted as a part of the
241      procurement process prior to purchase.
242              (2)(5)        All state agencies shall use ethanol and biodiesel
243      blended fuels when available. State agencies administering
244      central fueling operations for state-owned vehicles shall
245      procure biofuels for fleet needs to the greatest extent
246      practicable.
247              (3)(a)        The Department of Management Services shall, in
248      consultation with the Department of Commerce and the Department
249      of Agriculture and Consumer Services, develop a Florida Humane
250      Preferred Energy Products List. In developing the list, the

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251      department must assess products currently available for purchase
252      under state term contracts that contain or consist of an energy
253      storage device with a capacity of greater than one kilowatt-hour
254      or that contain or consist of an energy generation device with a
255      capacity of greater than 500 watts and identify specific
256      products that appear to be largely made free from forced labor,
257      irrespective of the age of the worker. For purposes of this
258      subsection, the term "forced labor" means any work performed or
259      service rendered that is:
260              1.      Obtained by intimidation, fraud, or coercion, including
261      by threat of serious bodily harm to, or physical restraint
262      against, a person, by means of a scheme intended to cause the
263      person to believe that if he or she does not perform such labor
264      or render such service, the person will suffer serious bodily
265      harm or physical restraint, or by means of the abuse or
266      threatened abuse of law or the legal process;
267              2.      Imposed on the basis of a characteristic that has been
268      held by the United States Supreme Court or the Florida Supreme
269      Court to be protected against discrimination under the
270      Fourteenth Amendment to the United States Constitution or under
271      s. 2, Art. I of the State Constitution, including race, color,
272      national origin, religion, gender, or physical disability;
273              3.      Not performed or rendered voluntarily by a person; or
274              4.      In violation of the Child Labor Law or otherwise
275      performed or rendered through oppressive child labor.

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276              (b)         When procuring the types of energy products described
277      in paragraph (a) from state term contracts, state agencies and
278      political subdivisions shall first consult the Florida Humane
279      Preferred Energy Products List and may not purchase or procure
280      products not included in the list.
281              Section 3.         Subsections (1), (2), and (5) of section
282      366.032, Florida Statutes, are amended to read:
283              366.032        Preemption over utility service restrictions.—
284              (1)         A municipality, county, special district, development
285      district, or other political subdivision of the state may not
286      enact or enforce a resolution, ordinance, rule, code, or policy
287      or take any action that restricts or prohibits or has the effect
288      of restricting or prohibiting the types or fuel sources of
289      energy production which may be used, delivered, converted, or
290      supplied by the following entities to serve customers that such
291      entities are authorized to serve:
292              (a)         A public utility or an electric utility as defined in
293      this chapter;
294              (b)         An entity formed under s. 163.01 that generates,
295      sells, or transmits electrical energy;
296              (c)         A natural gas utility as defined in s. 366.04(3)(c);
297              (d)         A natural gas transmission company as defined in s.
298      368.103; or
299              (e)         A Category I liquefied petroleum gas dealer or
300      Category II liquefied petroleum gas dispenser or Category III

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301      liquefied petroleum gas cylinder exchange operator as defined in
302      s. 527.01.
303              (2)         Except to the extent necessary to enforce the Florida
304      Building Code adopted pursuant to s. 553.73 or the Florida Fire
305      Prevention Code adopted pursuant to s. 633.202, a municipality,
306      county, special district, development district, or other
307      political subdivision of the state may not enact or enforce a
308      resolution, an ordinance, a rule, a code, or a policy or take
309      any action that restricts or prohibits or has the effect of
310      restricting or prohibiting the use of an appliance, including a
311      stove or grill, which uses the types or fuel sources of energy
312      production which may be used, delivered, converted, or supplied
313      by the entities listed in subsection (1). As used in this
314      subsection, the term "appliance" means a device or apparatus
315      manufactured and designed to use energy and for which the
316      Florida Building Code or the Florida Fire Prevention Code
317      provides specific requirements.
318              (5)         Any municipality, county, special district,
319      development district, or political subdivision charter,
320      resolution, ordinance, rule, code, policy, or action that is
321      preempted by this act that existed before or on July 1, 2021, is
322      void.
323              Section 4.         Subsection (10) is added to section 366.04,
324      Florida Statutes, to read:
325              366.04        Jurisdiction of commission.—

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326              (10)        In the exercise of its jurisdiction, the commission,
327      without specific legislative authority, may not authorize a
328      public utility to expand the scope of its regulated business
329      activity to include direct sales of energy to a consumer solely
330      for the consumer's use in powering means of transportation owned
331      by the consumer. This provision does not apply to limited or
332      pilot programs approved by the commission before January 1,
333      2024.
334              Section 5.         Section 366.94, Florida Statutes, is amended to
335      read:
336              366.94        Electric vehicle charging stations.—
337              (1)         The provision of electric vehicle charging to the
338      public by a nonutility is not the retail sale of electricity for
339      the purposes of this chapter. The rates, terms, and conditions
340      of electric vehicle charging services by a nonutility are not
341      subject to regulation under this chapter. This section does not
342      affect the ability of individuals, businesses, or governmental
343      entities to acquire, install, or use an electric vehicle charger
344      for their own vehicles.
345              (2)         The Department of Agriculture and Consumer Services
346      shall adopt rules to provide definitions, methods of sale,
347      labeling requirements, and price-posting requirements for
348      electric vehicle charging stations to allow for consistency for
349      consumers and the industry.
350              (3)(a)        It is unlawful for a person to stop, stand, or park

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351      a vehicle that is not capable of using an electrical recharging
352      station within any parking space specifically designated for
353      charging an electric vehicle.
354              (b)         If a law enforcement officer finds a motor vehicle in
355      violation of this subsection, the officer or specialist shall
356      charge the operator or other person in charge of the vehicle in
357      violation with a noncriminal traffic infraction, punishable as
358      provided in s. 316.008(4) or s. 318.18.
359              (4)         The commission may approve voluntary public utility
360      programs to become effective on or after January 1, 2025, for
361      residential, customer-specific electric vehicle charging if the
362      commission determines that the rates and rate structure of the
363      program will not adversely impact the public utility's general
364      body of ratepayers. All revenues received from the program must
365      be credited to the public utility's retail ratepayers. This
366      provision does not preclude cost recovery for electric vehicle
367      charging programs approved by the commission before January 1,
368      2024.
369              Section 6.         Section 366.99, Florida Statutes, is created to
370      read:
371              366.99        Natural gas facilities relocation costs.—
372              (1)         As used in this section, the term:
373              (a)         "Authority" has the same meaning as in s.
374      337.401(1)(a).
375              (b)         "Facilities relocation" means the physical moving,

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376      modification, or reconstruction of public utility facilities to
377      accommodate the requirements imposed by an authority.
378              (c)         "Natural gas facilities" or "facilities" means gas
379      mains, laterals, and service lines used to distribute natural
380      gas to customers. The term includes all ancillary equipment
381      needed for safe operations, including, but not limited to,
382      regulating stations, meters, other measuring devices,
383      regulators, and pressure monitoring equipment.
384              (d)         "Natural gas facilities relocation costs" means the
385      costs to relocate or reconstruct facilities as required by a
386      mandate, a statute, a law, an ordinance, or an agreement between
387      the utility and an authority, including, but not limited to,
388      costs associated with reviewing plans provided by an authority.
389      The term does not include any costs recovered through the public
390      utility's base rates.
391              (e)         "Public utility" or "utility" has the same meaning as
392      in s. 366.02, except that the term does not include an electric
393      utility.
394              (2)         A utility may submit to the commission, pursuant to
395      commission rule, a petition describing the utility's projected
396      natural gas facilities relocation costs for the next calendar
397      year, actual natural gas facilities relocation costs for the
398      prior calendar year, and proposed cost-recovery factors designed
399      to recover such costs. A utility's decision to proceed with
400      implementing a plan before filing such a petition does not

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401      constitute imprudence.
402              (3)         The commission shall conduct an annual proceeding to
403      determine each utility's prudently incurred natural gas
404      facilities relocation costs and to allow each utility to recover
405      such costs through a charge separate and apart from base rates,
406      to be referred to as the natural gas facilities relocation cost
407      recovery clause. The commission's review in the proceeding is
408      limited to determining the prudence of the utility's actual
409      incurred natural gas facilities relocation costs and the
410      reasonableness of the utility's projected natural gas facilities
411      relocation costs for the following calendar year; and providing
412      for a true-up of the costs with the projections on which past
413      factors were set. The commission shall require that any refund
414      or collection made as a part of the true-up process includes
415      interest.
416              (4)         All costs approved for recovery through the natural
417      gas facilities relocation cost recovery clause must be allocated
418      to customer classes pursuant to the rate design most recently
419      approved by the commission.
420              (5)         If a capital expenditure is recoverable as a natural
421      gas facilities relocation cost, the public utility may recover
422      the annual depreciation on the cost, calculated at the public
423      utility's current approved depreciation rates, and a return on
424      the undepreciated balance of the costs at the public utility's
425      weighted average cost of capital using the last approved ret urn

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426      on equity.
427              (6)         The commission shall adopt rules to implement and
428      administer this section and shall propose a rule for adoption as
429      soon as practicable after July 1, 2024.
430              Section 7.         Section 377.601, Florida Statutes, is amended
431      to read:
432              377.601        Legislative intent.—
433              (1)         The purpose of the state's energy policy is to ensure
434      an adequate, reliable, and cost-effective supply of energy for
435      the state in a manner that promotes the health and welfare of
436      the public and economic growth. The Legislature intends that
437      governance of the state's energy policy be efficiently directed
438      toward achieving this purpose. The Legislature finds that the
439      state's energy security can be increased by lessening dependence
440      on foreign oil; that the impacts of global climate change can be
441      reduced through the reduction of greenhouse gas emissions; and
442      that the implementation of alternative energy technologies can
443      be a source of new jobs and employment opportunities for many
444      Floridians. The Legislature further finds that the state is
445      positioned at the front line against potential impacts of global
446      climate change. Human and economic costs of those impacts can be
447      averted by global actions and, where necessary, adapted to by a
448      concerted effort to make Florida's communities more resilient
449      and less vulnerable to these impacts. In focusing the
450      government's policy and efforts to benefit and protect our

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         CS/HB 1645                                                                                           2024




451      state, its citizens, and its resources, the Legislature believes
452      that a single government entity with a specific focus on energy
453      and climate change is both desirable and advantageous. Further,
454      the Legislature finds that energy infrastructure provides the
455      foundation for secure and reliable access to the energy supplies
456      and services on which Florida depends. Therefore, there is
457      significant value to Florida consumers that comes from
458      investment in Florida's energy infrastructure that increases
459      system reliability, enhances energy independence and
460      diversification, stabilizes energy costs, and reduces greenhouse
461      gas emissions.
462              (2)         For the purposes of subsection (1), the state's energy
463      policy must be guided by the following goals:
464              (a)         Ensuring a cost-effective and affordable energy
465      supply.
466              (b)         Ensuring adequate supply and capacity.
467              (c)         Ensuring a secure, resilient, and reliable energy
468      supply, with an emphasis on a diverse supply of domestic energy
469      resources.
470              (d)         Protecting public safety.
471              (e)         Protecting the state's natural resources, including
472      its coastlines, tributaries, and waterways.
473              (f)         Supporting economic growth.
474              (3)(2)        In furtherance of the goals in subsection (2), it
475      is the policy of the state of Florida to:

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476              (a)         Develop and Promote the cost-effective development and
477      effective use of a diverse supply of domestic energy resources
478      in the state and, discourage all forms of energy waste, and
479      recognize and address the potential of global climate change
480      wherever possible.
481              (b)         Promote the cost-effective development and maintenance
482      of energy infrastructure that is resilient to natural and
483      manmade threats to the security and reliability of the state's
484      energy supply. Play a leading role in developing and instituting
485      energy management programs aimed at promoting energy
486      conservation, energy security, and the reduction of greenhouse
487      gas emissions.
488              (c)         Reduce reliance on foreign energy resources.
489              (d)(c)        Include energy reliability and security
490      considerations in all state, regional, and local planning.
491              (e)(d)        Utilize and manage effectively energy resources
492      used within state agencies.
493              (f)(e)        Encourage local governments to include energy
494      considerations in all planning and to support their work in
495      promoting energy management programs.
496              (g)(f)        Include the full participation of citizens in the
497      development and implementation of energy programs.
498              (h)(g)        Consider in its decisions the energy needs of each
499      economic sector, including residential, industrial, commercial,
500      agricultural, and governmental uses, and reduce those needs

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501      whenever possible.
502              (i)(h)        Promote energy education and the public
503      dissemination of information on energy and its impacts in
504      relation to the goals in subsection (2) environmental, economic,
505      and social impact.
506              (j)(i)        Encourage the research, development, demonstration,
507      and application of domestic energy resources, including the use
508      of alternative energy resources, particularly renewable energy
509      resources.
510              (k)(j)        Consider, in its decisionmaking, the impacts of
511      energy-related activities on the goals in subsection (2) social,
512      economic, and environmental impacts of energy-related
513      activities, including the whole-life-cycle impacts of any
514      potential energy use choices, so that detrimental effects of
515      these activities are understood and minimized.
516              (l)(k)        Develop and maintain energy emergency preparedness
517      plans to minimize the effects of an energy shortage within this
518      state Florida.
519              Section 8.          Subsection (2) of section 377.6015, Florida
520      Statutes, is amended to read:
521              377.6015           Department of Agriculture and Consumer Services;
522      powers and duties.—
523              (2)         The department shall:
524              (a)         Administer the Florida Renewable Energy and Energy -
525      Efficient Technologies Grants Program pursuant to s. 377.804 to

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526      assure a robust grant portfolio.
527              (a)(b)        Develop policy for requiring grantees to provide
528      royalty-sharing or licensing agreements with state government
529      for commercialized products developed under a state grant.
530              (c)         Administer the Florida Green Government Grants Act
531      pursuant to s. 377.808 and set annual priorities for grants.
532              (b)(d)        Administer the information gathering and reporting
533      functions pursuant to ss. 377.601-377.608.
534              (e)         Administer the provisions of the Florida Energy and
535      Climate Protection Act pursuant to ss. 377.801-377.804.
536              (c)(f)        Advocate for energy and climate change issues
537      consistent with the goals in s. 377.601(2) and provide
538      educational outreach and technical assistance in cooperation
539      with the state's academic institutions.
540              (d)(g)        Be a party in the proceedings to adopt goals and
541      submit comments to the Public Service Commission pursuant to s.
542      366.82.
543              (e)(h)        Adopt rules pursuant to chapter 120 in order to
544      implement all powers and duties described in this section.
545              Section 9.         Subsection (1) and paragraphs (e), (f), and (m)
546      of subsection (2) of section 377.703, Florida Statutes, are
547      amended to read:
548              377.703        Additional functions of the Department of
549      Agriculture and Consumer Services.—
550              (1)         LEGISLATIVE INTENT.—Recognizing that energy supply and

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         CS/HB 1645                                                                                           2024




551      demand questions have become a major area of concern to the
552      state which must be dealt with by effective and well-coordinated
553      state action, it is the intent of the Legislature to promote the
554      efficient, effective, and economical management of energy
555      problems, centralize energy coordination responsibilities,
556      pinpoint responsibility for conducting energy programs, and
557      ensure the accountability of state agencies for the
558      implementation of s. 377.601 s. 377.601(2), the state energy
559      policy. It is the specific intent of the Legislature that
560      nothing in this act shall in any way change the powers, duties,
561      and responsibilities assigned by the Florida Electrical Power
562      Plant Siting Act, part II of chapter 403, or the powers, duties,
563      and responsibilities of the Florida Public Service Commission.
564              (2)         DUTIES.—The department shall perform the following
565      functions, unless as otherwise provided, consistent with the
566      development of a state energy policy:
567              (e)         The department shall analyze energy data collected and
568      prepare long-range forecasts of energy supply and demand in
569      coordination with the Florida Public Service Commission, which
570      is responsible for electricity and natural gas forecasts. To
571      this end, the forecasts shall contain:
572              1.      An analysis of the relationship of state economic
573      growth and development to energy supply and demand, including
574      the constraints to economic growth resulting from energy supply
575      constraints.

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         CS/HB 1645                                                                                           2024




576              2.      Plans for the development of renewable energy resources
577      and reduction in dependence on depletable energy resources,
578      particularly oil and natural gas, and An analysis of the extent
579      to which domestic energy resources, including renewable energy
580      sources, are being utilized in this the state.
581              3.      Consideration of alternative scenarios of statewide
582      energy supply and demand for 5, 10, and 20 years to identify
583      strategies for long-range action, including identification of
584      potential impacts in relation to the goals in s. 377.601(2)
585      social, economic, and environmental effects.
586              4.      An assessment of the state's energy resources,
587      including examination of the availability of commercially
588      developable and imported fuels, and an analysis of anticipated
589      impacts in relation to the goals in s. 377.601(2) effects on the
590      state's environment and social services resulting from energy
591      resource development activities or from energy supply
592      constraints, or both.
593              (f)         The department shall submit an annual report to the
594      Governor and the Legislature reflecting its activities and
595      making recommendations for policies for improvement of the
596      state's response to energy supply and demand and its effect on
597      the health, safety, and welfare of the residents of this state.
598      The report must include a report from the Florida Public Service
599      Commission on electricity and natural gas and information on
600      energy conservation programs conducted and underway in the past

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         CS/HB 1645                                                                                           2024




601      year and include recommendations for energy efficiency and
602      conservation programs for the state, including:
603              1.      Formulation of specific recommendations for improvement
604      in the efficiency of energy utilization in governmental,
605      residential, commercial, industrial, and transportation sectors.
606              2.      Collection and dissemination of information relating to
607      energy efficiency and conservation.
608              3.      Development and conduct of educational and training
609      programs relating to energy efficiency and conservation.
610              4.      An analysis of the ways in which state agencies are
611      seeking to implement s. 377.601 s. 377.601(2), the state energy
612      policy, and recommendations for better fulfilling this policy.
613              (m)         In recognition of the devastation to the economy of
614      this state and the dangers to the health and welfare of
615      residents of this state caused by severe hurricanes, and the
616      potential for such impacts caused by other natural disasters,
617      the Division of Emergency Management shall include in its energy
618      emergency contingency plan and provide to the Florida Building
619      Commission for inclusion in the Florida Energy Efficiency Code
620      for Building Construction specific provisions to facilitate the
621      use of cost-effective solar energy technologies as emergency
622      remedial and preventive measures for providing electric power,
623      street lighting, and water heating service in the event of
624      electric power outages.
625              Section 10.            Sections 377.801, 377.802, 377.803, 377.804,

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         CS/HB 1645                                                                                            2024




626      377.808, 377.809, and 377.816, Florida Statutes, are repealed.
627              Section 11.            (1)       For programs established pursuant to s.
628      377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
629      Statutes, there may not be:
630              (a)         New or additional applications, certifications, or
631      allocations approved.
632              (b)         New letters of certification issued.
633              (c)         New contracts or agreements executed.
634              (d)         New awards made.
635              (2)         All certifications or allocations issued under such
636      programs are rescinded except for the certifications of, or
637      allocations to, those certified applicants or projects that
638      continue to meet the applicable criteria in effect before July
639      1, 2024. Any existing contract or agreement authorized under any
640      of these programs shall continue in full force and effect in
641      accordance with the statutory requirements in effect when the
642      contract or agreement was executed or last modified. However,
643      further modifications, extensions, or waivers may not be made or
644      granted relating to such contracts or agreements, except
645      computations by the Department of Revenue of the income
646      generated by or arising out of the qualifying project.
647              Section 12.            Paragraph (d) of subsection (2) of section
648      220.193, Florida Statutes, is amended to read:
649              220.193        Florida renewable energy production credit.—
650              (2)         As used in this section, the term:

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         CS/HB 1645                                                                                           2024




651              (d)         "Florida renewable energy facility" means a facility
652      in the state that produces electricity for sale from renewable
653      energy, as defined in s. 377.803.
654              Section 13.             Subsection (7) of section 288.9606, Florida
655      Statutes, is amended to read:
656              288.9606           Issue of revenue bonds.—
657              (7)         Notwithstanding any provision of this section, the
658      corporation in its corporate capacity may, without authorization
659      from a public agency under s. 163.01(7), issue revenue bonds or
660      other evidence of indebtedness under this section to:
661              (a)         Finance the undertaking of any project within the
662      state that promotes renewable energy as defined in s. 366.91 or
663      s. 377.803;
664              (b)         Finance the undertaking of any project within the
665      state that is a project contemplated or allowed under s. 406 of
666      the American Recovery and Reinvestment Act of 2009; or
667              (c)         If permitted by federal law, finance qualifying
668      improvement projects within the state under s. 163.08 ; or.
669              (d)         Finance the costs of acquisition or construction of a
670      transportation facility by a private entity or consortium of
671      private entities under a public-private partnership agreement
672      authorized by s. 334.30.
673              Section 14.             Paragraph (w) of subsection (2) of section
674      380.0651, Florida Statutes, is amended to read:
675              380.0651           Statewide guidelines, standards, and exemptions. —

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         CS/HB 1645                                                                                           2024




676              (2)         STATUTORY EXEMPTIONS.—The following developments are
677      exempt from s. 380.06:
678              (w)         Any development in an energy economic zone designated
679      pursuant to s. 377.809 upon approval by its local governing
680      body.
681
682      If a use is exempt from review pursuant to paragraphs (a)-(u),
683      but will be part of a larger project that is subject to review
684      pursuant to s. 380.06(12), the impact of the exempt use must be
685      included in the review of the larger project, unless such exempt
686      use involves a development that includes a landowner, tenant, or
687      user that has entered into a funding agreement with the state
688      land planning agency under the Innovation Incentive Program and
689      the agreement contemplates a state award of at least $50
690      million.
691              Section 15.             Subsection (2) of section 403.9405, Florida
692      Statutes, is amended to read:
693              403.9405           Applicability; certification; exemption; notice
694      of intent.—
695              (2)         No construction of A natural gas transmission pipeline
696      may not be constructed be undertaken after October 1, 1992,
697      without first obtaining certification under ss. 403.9401 -
698      403.9425, but these sections do not apply to:
699              (a)         Natural gas transmission pipelines which are less than
700      100 15 miles in length or which do not cross a county line,

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         CS/HB 1645                                                                                           2024




701      unless the applicant has elected to apply for certification
702      under ss. 403.9401-403.9425.
703              (b)         Natural gas transmission pipelines for which a
704      certificate of public convenience and necessity has been issued
705      under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
706      natural gas transmission pipeline certified as an associated
707      facility to an electrical power plant pursuant to the Florida
708      Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
709      the applicant elects to apply for certification of that pipeline
710      under ss. 403.9401-403.9425.
711              (c)         Natural gas transmission pipelines that are owne d or
712      operated by a municipality or any agency thereof, by any person
713      primarily for the local distribution of natural gas, or by a
714      special district created by special act to distribute natural
715      gas, unless the applicant elects to apply for certification of
716      that pipeline under ss. 403.9401-403.9425.
717              Section 16.             Subsection (3) of section 720.3075, Florida
718      Statutes, is amended to read:
719              720.3075           Prohibited clauses in association documents.—
720              (3)         Homeowners' association documents, including
721      declarations of covenants, articles of incorporation, or bylaws,
722      may not preclude:
723              (a)         The display of up to two portable, removable flags as
724      described in s. 720.304(2)(a) by property owners. However, all
725      flags must be displayed in a respectful manner consistent with

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         CS/HB 1645                                                                                           2024




726      the requirements for the United States flag under 36 U.S.C.
727      chapter 10.
728              (b)         Types or fuel sources of energy production which may
729      be used, delivered, converted, or supplied by the following
730      entities to serve customers within the association that such
731      entities are authorized to serve:
732              1.      A public utility or an electric utility as defined in
733      this chapter;
734              2.      An entity formed under s. 163.01 that generates, sells,
735      or transmits electrical energy;
736              3.      A natural gas utility as defined in s. 366.04(3)(c);
737              4.      A natural gas transmission company as defined in s.
738      368.103; or
739              5.      A Category I liquefied petroleum gas dealer, a Category
740      II liquefied petroleum gas dispenser, or a Category III
741      liquefied petroleum gas cylinder exchange operator as defined in
742      s. 527.01.
743              (c)         The use of an appliance, including a stove or grill,
744      which uses the types or fuel sources of energy production which
745      may be used, delivered, converted, or supplied by the entities
746      listed in paragraph (b). As used in this paragraph, t he term
747      "appliance" means a device or apparatus manufactured and
748      designed to use energy and for which the Florida Building Code
749      or the Florida Fire Prevention Code provides specific
750      requirements.

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         CS/HB 1645                                                                                            2024




751              Section 17.            (1)       The Public Service Commission shall
752      conduct an assessment of the security and resiliency of the
753      state's electric grid and natural gas facilities against both
754      physical threats and cyber threats. In conducting this
755      assessment, the commission shall consult with the Division of
756      Emergency Management and, in its assessment of cyber threats,
757      shall consult with the Florida Digital Service. All electric
758      utilities, natural gas utilities, and natural gas pipelines
759      operating in this state, regardless of ownership structure,
760      shall cooperate with the commission to provide access to all
761      information necessary to conduct the assessment.
762              (2)         By July 1, 2025, the commission shall submit a report
763      of its assessment to the Governor, the President of the Senate,
764      and the Speaker of the House of Representatives. The re port must
765      also contain any recommendations for potential legislative or
766      administrative actions that may enhance the physical security or
767      cyber security of the state's electric grid or natural gas
768      facilities.
769              Section 18.            (1)       Recognizing the evolution and advances
770      that have occurred and continue to occur in nuclear power
771      technologies, the Public Service Commission shall study and
772      evaluate the technical and economic feasibility of using
773      advanced nuclear power technologies, including small modular
774      reactors, to meet the electrical power needs of the state, and
775      research means to encourage and foster the installation and use

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         CS/HB 1645                                                                                            2024




776      of such technologies at military installations in the state in
777      partnership with public utilities. In conducting this study, the
778      commission shall consult with the Department of Environmental
779      Protection and the Division of Emergency Management.
780              (2)         By April 1, 2025, the commission shall prepare and
781      submit a report to the Governor, the President of the Senate,
782      and the Speaker of the House of Representatives, containing its
783      findings and any recommendations for potential legislative or
784      administrative actions that may enhance the use of advanced
785      nuclear technologies in a manner consistent with the energy
786      policy goals in s. 377.601(2), Florida Statutes.
787              Section 19.            (1)       Recognizing the continued development of
788      technologies that support the use of hydrogen as a
789      transportation fuel and the potential for such use to help meet
790      the state's energy policy goals in s. 377.601(2), Florida
791      Statutes, the Department of Transportation, in consultation with
792      the Office of Energy within the Department of Agriculture and
793      Consumer Services, shall study and evaluate the potential
794      development of hydrogen fueling infrastructure, including
795      fueling stations, to support hydrogen-powered vehicles that use
796      the state highway system.
797              (2)         By April 1, 2025, the Department of Transportation
798      shall prepare and submit a report to the Governor, the President
799      of the Senate, and the Speaker of the House of Representatives,
800      containing its findings and any recommendations for potential

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         CS/HB 1645                                                                                           2024




801      legislative or administrative actions that may accommodate the
802      future development of hydrogen fueling infrastructure in a
803      manner consistent with the energy policy goals in s. 377.601(2),
804      Florida Statutes.
805              Section 20.           This act shall take effect July 1, 2024.




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                            Commerce Committee
                           CS/HB 1645 by Rep. Payne
                              Energy Resources

                            AMENDMENT SUMMARY
                              February 15, 2024


Amendment 1 by Payne (lines 323-368 with title amendment):

  •   Requires each electric cooperative and municipal electric utility to maintain at
      least one mutual aid agreement with another electric utility or a pre-event
      agreement with a private contractor for purposes of restoring power following a
      natural disaster.
          o Requires electric cooperatives and municipal electric utilities to provide, by
             May 15 of each year, attestations of compliance to the Public Service
             Commission (PSC) to be compiled and submitted to the Division of
             Emergency Management.
          o Provides that eligibility to receive state financial assistance for power
             restoration efforts after a natural disaster is conditioned on submission of
             the required attestation.
  •   Requires public utilities to provide notice of certain off-schedule power plant
      retirements to the PSC for a determination as to whether the retirement is
      prudent and consistent with the state’s energy policy goals established in the bill.
  •   Removes language from the bill that prohibits public utilities from making direct
      sales of energy for transportation purposes absent specific authority.
  •   Authorizes the PSC to approve voluntary electric vehicle charging programs for
      public utilities under specified conditions.

Amendment 2 by Payne (lines 545-624 with title amendment):

  •   Amends the duties of the Department of Agriculture and Consumer Services by
      removing the duty to establish goals for increasing use of renewable energy.
  •   Prohibits the construction, operation, or expansion of offshore wind energy
      facilities in the state and prohibits the construction or expansion of a wind turbine
      on real property within 1 mile of the coastline.
          o Permits the Department of Environmental Protection (DEP) to bring an
               action for injunctive relief against anyone who violates these prohibitions.
          o Requires DEP to review applications for certain federal wind energy
               leases to signify its approval or objection.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645    (2024)
       Amendment No. 1




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Payne offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 323-368 and insert:
 6          Section 4.     Section 366.042, Florida Statutes, is created
 7     to read:
 8          366.042     Mutual Aid Agreements of Electric Cooperatives and
 9     Municipal Electric Utilities.-
10          (1) For the purposes of restoring power following a natural
11     disaster subject to a state of emergency declared by the
12     Governor, all electric cooperatives and municipal electric
13     utilities shall enter into and maintain, at a minimum, one of
14     the following:
15          (a)    A mutual aid agreement with a municipal electric
16     utility;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645    (2024)
       Amendment No. 1


17          (b)    A mutual aid agreement with an electric cooperative;
18          (c)    A mutual aid agreement with a public utility; or
19          (d)    A pre-event agreement with a private contractor.
20          (2)    All electric cooperatives and municipal electric
21     utilities operating in this state shall annually submit to the
22     commission an attestation, in conformity with s. 92.525, stating
23     that the organization has complied with the requirements of this
24     section on or before May 15. Nothing in this section shall be
25     construed to give the commission jurisdiction over the terms and
26     conditions of a mutual aid agreement or agreement with a private
27     contractor entered into by an electric cooperative or a
28     municipal electric utility.
29          (3)    The commission shall compile the attestations and
30     annually submit a copy to the Division of Emergency Management
31     no later than May 30.
32          (4)    Electric cooperatives and municipal electric utilities
33     that submit the attestation required by this section shall be
34     eligible to receive state financial assistance, if such funding
35     is available, for power restoration efforts following a natural
36     disaster subject to a state of emergency declared by the
37     Governor.
38          (5)    Electric cooperatives and municipal electric utilities
39     that do not submit the attestation required by this section
40     shall be ineligible to receive state financial assistance for
41     power restoration efforts following a natural disaster subject
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645   (2024)
       Amendment No. 1


42     to a state of emergency declared by the Governor until such time
43     as the attestation is submitted by the electric cooperative or
44     municipal electric utility.
45          (6)   Nothing in this section shall be construed to
46     prohibit, limit, or disqualify any electric cooperative or
47     municipal electric utility from receiving funding under The
48     Stafford Act, 42 U.S.C. 5121 et seq., or any other federal
49     program, including programs administered by the State of Florida
50          (7)   This section does not expand or alter the jurisdiction
51     of the commission over public utilities or electric utilities .
52          Section 5.   Section 366.057, Florida Statutes, is created
53     to read:
54          366.057   Retirement of Electrical Power Plant.-
55          A public utility shall provide notice to the commission at
56     least 90 days before the full retirement of an electrical power
57     plant if such date does not coincide with the retirement date in
58     the public utility’s most recently approved depreciation study.
59     No later than 90 days after such notice, the commission may
60     schedule a hearing to determine whether retirement of the plant
61     is prudent and consistent with the state’s energy policy goals
62     in s. 377.601(2). At a hearing scheduled under this section, the
63     utility shall present its proposed retirement date for the
64     plant, remaining depreciation expense on the plant, any other
65     costs to be recovered in relation to the plant, and any planned
66     replacement capacity.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645   (2024)
       Amendment No. 1


67          Section 6.   Section 366.94, Florida Statutes, is amended to
68     read:
69          366.94   Electric vehicle charging stations.—
70          (1)   The provision of electric vehicle charging to the
71     public by a nonutility is not the retail sale of electricity for
72     the purposes of this chapter. The rates, terms, and conditions
73     of electric vehicle charging services by a nonutility are not
74     subject to regulation under this chapter. This section does not
75     affect the ability of individuals, businesses, or governmental
76     entities to acquire, install, or use an electric vehicle charger
77     for their own vehicles.
78          (2)   The Department of Agriculture and Consumer Services
79     shall adopt rules to provide definitions, methods of sale,
80     labeling requirements, and price-posting requirements for
81     electric vehicle charging stations to allow for consistency for
82     consumers and the industry.
83          (3)(a)   It is unlawful for a person to stop, stand, or park
84     a vehicle that is not capable of using an electrical recharging
85     station within any parking space specifically designated for
86     charging an electric vehicle.
87          (b)   If a law enforcement officer finds a motor vehicle in
88     violation of this subsection, the officer or specialist shall
89     charge the operator or other person in charge of the vehicle in
90     violation with a noncriminal traffic infraction, punish able as
91     provided in s. 316.008(4) or s. 318.18.
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                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 1


 92          (4)   Upon petition of a public utility, the commission may
 93     approve voluntary electric vehicle charging programs to become
 94     effective on or after January 1, 2025, to include, but not be
 95     limited to, residential, fleet, and public electric vehicle
 96     charging, upon a determination by the commission that the
 97     utility’s general body of ratepayers, as a whole, will not pay
 98     to support recovery of its electric vehicle charging investment
 99     by the end of the useful life of the assets dedicated to the
100     electric vehicle charging service. This provision does not
101     preclude cost recovery for electric vehicle charging programs
102     approved by the commission before January 1, 2024.
103
104
105           -----------------------------------------------------
106                        T I T L E   A M E N D M E N T
107          Remove lines 40-49 and insert:
108     service restrictions; creating s. 366.042, F.S.; requiring
109     electric cooperatives and municipal electric utilities to enter
110     into and maintain at least one mutual aid agreement o r pre-event
111     agreement with certain entities for purposes of restoring power
112     after a natural disaster; requiring electric cooperatives and
113     municipal electric utilities to submit attestations of
114     compliance to the Public Service Commission; providing that suc h
115     attestations are condition of receiving certain state financial
116     assistance; providing construction; creating s. 366.057, F.S.;
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 1


117     requiring public utilities to provide notice to the Public
118     Service Commission of certain power plant retirements;
119     authorizing the commission to conduct hearings to make specified
120     determinations on such plant retirements; specifying information
121     to be provided at hearing by utilities; amending s. 366.94,
122     F.S.; removing terminology; authorizing the commission to
123     approve voluntary public utility programs, to become effective
124     on or after a specified date, for electric vehicle charging if
125     certain requirements are met; providing applicability; creating




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645   (2024)
       Amendment No. 2




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Payne offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 545-624 and insert:
 6          Section 9.   Subsection (1) and paragraphs (e), (f), (h),
 7     and (m) of subsection (2) of section 377.703, Florida Statutes,
 8     are amended to read:
 9          377.703   Additional functions of the Department of
10     Agriculture and Consumer Services.—
11          (1)    LEGISLATIVE INTENT.—Recognizing that energy supply and
12     demand questions have become a major area of concern to the
13     state which must be dealt with by effective and well-coordinated
14     state action, it is the intent of the Legislature to promote the
15     efficient, effective, and economical management of energy
16     problems, centralize energy coordination responsibilities,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645   (2024)
       Amendment No. 2


17     pinpoint responsibility for conducting energy programs, and
18     ensure the accountability of state agencies for the
19     implementation of s. 377.601 s. 377.601(2), the state energy
20     policy. It is the specific intent of the Legislature that
21     nothing in this act shall in any way change the powers, duties,
22     and responsibilities assigned by the Florida Electrical Power
23     Plant Siting Act, part II of chapter 403, or the powers, duties,
24     and responsibilities of the Florida Public Service Commission.
25          (2)    DUTIES.—The department shall perform the following
26     functions, unless as otherwise provided, consistent with the
27     development of a state energy policy:
28          (e)    The department shall analyze energy data collected and
29     prepare long-range forecasts of energy supply and demand in
30     coordination with the Florida Public Service Commission, which
31     is responsible for electricity and natural gas forecasts. To
32     this end, the forecasts shall contain:
33          1.    An analysis of the relationship of state economic
34     growth and development to energy supply and demand, including
35     the constraints to economic growth resulting from energy supply
36     constraints.
37          2.    Plans for the development of renewable energy resources
38     and reduction in dependence on depletable energy resources,
39     particularly oil and natural gas, and An analysis of the extent
40     to which domestic energy resources, including renewable energy
41     sources, are being utilized in this the state.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1645   (2024)
       Amendment No. 2


42          3.    Consideration of alternative scenarios of statewide
43     energy supply and demand for 5, 10, and 20 years to identify
44     strategies for long-range action, including identification of
45     potential impacts in relation to the goals in s. 377.601(2)
46     social, economic, and environmental effects.
47          4.    An assessment of the state's energy resources,
48     including examination of the availability of commercially
49     developable and imported fuels, and an analysis of anticipated
50     impacts in relation to the goals in s. 377.601(2) effects on the
51     state's environment and social services resulting from energy
52     resource development activities or from energy supply
53     constraints, or both.
54          (f)    The department shall submit an annual report to the
55     Governor and the Legislature reflecting its activities and
56     making recommendations for policies for improvement of the
57     state's response to energy supply and demand and its effect on
58     the health, safety, and welfare of the residents of this state.
59     The report must include a report from the Florida Public Service
60     Commission on electricity and natural gas and information on
61     energy conservation programs conducted and underway in the past
62     year and include recommendations for energy efficiency and
63     conservation programs for the state, including:
64          1.    Formulation of specific recommendations for improvement
65     in the efficiency of energy utilization in governmental,
66     residential, commercial, industrial, and transportation sectors.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645    (2024)
       Amendment No. 2


67            2.    Collection and dissemination of information relating to
68     energy efficiency and conservation.
69            3.    Development and conduct of educational and training
70     programs relating to energy efficiency and conservation.
71            4.    An analysis of the ways in which state agencies are
72     seeking to implement s. 377.601 s. 377.601(2), the state energy
73     policy, and recommendations for better fulfilling this policy.
74            (h)    The department shall promote the development and use
75     of renewable energy resources, in conformance with chapter 187
76     and s. 377.601, by:
77            1.    Establishing goals and strategies for increasing the
78     use of renewable energy in this state.
79            2.    Aiding and promoting the commercialization of renewable
80     energy resources, in cooperation with the Florida Energy Systems
81     Consortium; the Florida Solar Energy Center; and any other
82     federal, state, or local governmental agency that may seek to
83     promote research, development, and the demonstration of
84     renewable energy equipment and technology.
85            23.    Identifying barriers to greater use of renewable
86     energy resources in this state, and developing specific
87     recommendations for overcoming identified barriers, with
88     findings and recommendations to be submitted annually in the
89     report to the Governor and Legislature required under paragraph
90     (f).


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 2


 91          34.    In cooperation with the Department of Environmental
 92     Protection, the Department of Transportation, the Department of
 93     Commerce, the Florida Energy Systems Consortium, the Florida
 94     Solar Energy Center, and the Florida Solar Energy Industries
 95     Association, investigating opportunities, pursuant to the
 96     national Energy Policy Act of 1992, the Housing and Community
 97     Development Act of 1992, and any subsequent federal legislation,
 98     for renewable energy resources, electric vehicles, and other
 99     renewable energy manufacturing, distribution, installation, and
100     financing efforts that enhance this state's position as the
101     leader in renewable energy research, development, and use.
102          45.    Undertaking other initiatives to advance the
103     development and use of renewable energy resources in this state.
104
105     In the exercise of its responsibilities under this paragraph,
106     the department shall seek the assistance of the renewable energy
107     industry in this state and other interested parties and may
108     enter into contracts, retain professional consulting services,
109     and expend funds appropriated by the Legislature for such
110     purposes.
111          (m)    In recognition of the devastation to the economy of
112     this state and the dangers to the health and welfare of
113     residents of this state caused by severe hurricanes, and the
114     potential for such impacts caused by other natural disasters,
115     the Division of Emergency Management shall include in its energy
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 2


116     emergency contingency plan and provide to the Florida Building
117     Commission for inclusion in the Florida Energy Efficiency Code
118     for Building Construction specific provisions to facilitate the
119     use of cost-effective solar energy technologies as emergency
120     remedial and preventive measures for providing electric power,
121     street lighting, and water heating service in the event of
122     electric power outages.
123          Section 10.   Section 377.708, Florida Statutes, is created
124     to read:
125          377.708   Wind energy.—
126          (1) DEFINITIONS.- As used in this section, the term:
127          (a) "Coastline" means the established line of mean high
128     water.
129          (b) "Department" means the Department of Environmental
130     Protection.
131          (c) "Offshore wind energy facility" means any wind energy
132     facility located on waters of this state, including other
133     buildings, structures, vessels, or electrical transmission
134     cabling to be sited on waters of this state, or connected to
135     corresponding onshore substations that are used to support the
136     operation of one or more wind turbines sited or constructed on
137     any waters of this state and any submerged lands or territorial
138     waters that are not under the jurisdiction of the state.
139          (d) "Real property" has the same meaning as provided in s.
140     192.001.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 2


141          (e) "Waters of this state" has the same meaning as s.
142     327.02 except the term also includes all state submerged lands.
143          (f) "Wind energy facility" means an electrical wind
144     generation facility or expansion thereof having at least a 400-
145     watt rated capacity, including substations; meteorological data
146     towers; aboveground, underground, and electrical transmission
147     lines; and transformers, control systems, and other buildings or
148     structures under common ownership or operating control used to
149     support the operation of the facility the primary purpose of
150     which is to offer electricity supply for sale.
151          (g) "Wind turbine" means a device or apparatus that has the
152     capability to convert kinetic wind energy into rotational energy
153     that drives an electrical generator consisting of a tower body
154     and rotator with two or more blades. The term includes both
155     horizontal and vertical axis turbines. The term does not include
156     devices used to measure wind speed and direction, such as an
157     anemometer.
158          (2) PROHIBITED ACTIVITIES.-
159          (a) The construction, operation, or expansion of an
160     offshore wind energy facility in this state is prohibited.
161          (b) The construction or operation of a wind turbine on real
162     property within 1 mile of coastline in this state is prohibited.
163          (c) The construction or operation of a wind turbine on
164     waters of this state and any submerged lands is prohibited.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1645   (2024)
        Amendment No. 2


165          (3) The department shall review all applications for
166     federal wind energy leases in the territorial waters of the
167     United States adjacent to waters of this state and shall signify
168     its approval or objection to each application.
169          (4) INJUNCTIVE RELIEF.-The department may bring an action
170     for injunctive relief against any person who owns, constructs,
171     or operates an offshore wind energy facility or a wind turbine
172     in this state in violation of this section.
173
174
175           -----------------------------------------------------
176                       T I T L E   A M E N D M E N T
177          Remove line 68 and insert:
178     the act; creating s. 377.708, F.S.; providing definitions;
179     prohibiting the construction, operation, or expansion of certain
180     wind energy facilities and wind turbines in the state;
181     authorizing the Department of Environmental Protection to seek
182     injunctive relief for violations; repealing s. 377.801, F.S.,
183     relating to the




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PCS for CS/HB 1203
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 1203 Homeowners' Associations
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                     Larkin             Hamon


                                            SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership
is made up of parcel owners, membership is a mandatory condition of parcel ownership, and the association is
authorized to impose assessments that, if unpaid, may become a lien on the parcel. HOAs may levy fines
against or suspend certain access rights of a parcel owner for failing to comply with the HOA’s governing
documents.

The bill:
    Provides educational requirements for community association managers (CAMs) and HOA directors.
    Requires every HOA, by January 1, 2025, to post a current digital copy of the official records on its
        website or make such documents available through an application.
    Allows HOA members to make a written request for a detailed accounting of any amounts owed to the
        HOA, and the HOA must provide such information or else the board forfeits any outstanding fine.
    Requires that an HOA or its architectural, construction improvement, or other similar committee (ARC)
        to allow homeowners to appeal a decision of the HOA or ARC.
    Provides criminal penalties if an HOA officer, director, or manager accepts a kickback.
    Prohibits an HOA from levying fines or imposing suspensions if a violation has been timely cured.
    Prohibits certain fines from becoming a lien on a parcel such as: lawn, landscaping, grass
        maintenance, and traffic violations.
    Prohibits fines from being aggregated to create a lien against a parcel; and only allows a fine or an
        assessment of less than 1 percent of a parcel's just value determined by the property appraiser at the
        time the fine was levied to become a lien against the parcel if approved by 75 percent of the total
        membership of parcel owners;
    Prohibits HOAs from issuing fines:
            o to parcel owners based on traffic infractions that were not committed by the parcel owner,
            o based on leaving garbage receptacles on the street for a certain time period, and
            o based on leaving holiday decorations or lights up under certain circumstances.
    Prohibits an HOA from preventing a homeowner from installing or displaying vegetable gardens and
        clotheslines in areas not visible from the frontage or adjacent parcels.
    Provides that without the approval of 75% of the voting members at a member meeting, the HOA may
        not impose:
            o A regular assessment that is more than 10 percent greater than the regular assessment for the
                 HOA's preceding fiscal year unless it can be shown that a higher increase is necessary for
                 property protection and public safety, or
            o Special assessments that in the aggregate exceed 5 percent of the budgeted gross expenses of
                 the HOA for that fiscal year.
    Provides that the lien of the association is subordinate to that of any mortgage that was recorded prior
        to the filing of a notice of HOA lien, not just a first mortgage as provided in current law.

The bill has no fiscal impact on state or local government.

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



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1203.COM
DATE: 2/14/2024
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Community Association Managers- Current Situation

         Community association managers (CAMs) are licensed and regulated by the Department of Business
         and Professional Regulation (DBPR) pursuant to part VIII of ch. 468, F.S. Community association
         managers are regulated by the seven-member Regulatory Council of Community Association
         Managers at DBPR.1

         Section 468.431(2), F.S., defines “community association management” to mean:

                     any of the following practices requiring substantial specialized knowledge, judgment, and
                     managerial skill when done for remuneration and when the association or associations
                     served contain more than 10 units or have an annual budget or budgets in excess of
                     $100,000: controlling or disbursing funds of a community association, preparing budgets
                     or other financial documents for a community association, assisting in the noticing or
                     conduct of community association meetings, and coordinating maintenance for the
                     residential development and other day-to-day services involved with the operation of a
                     community association.

         A license is not required for a person who:
               Performs clerical or ministerial functions under the direct supervision and control of a licensed
                 manager, or
               Performs only the maintenance of a community association and does not assist in any of the
                 management services.2

         To become licensed as a CAM, a license applicant must:
             Submit to a background check to determine good moral character,
             Attend a DBPR-approved in-person training prior to taking the examination, and
             Pass the licensure examination.3

         CAMs must also complete not more than 10 hours of continuing education hours as approved by the
         council to renew and maintain their licenses.4

         Section 468.4334, F.S., outlines the professional practice standards for CAMs and CAM firms, including
         the duty to “discharge the duties performed on behalf of the association as authorized by [ch. 468,
         F.S.], loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full
         disclosure to the community association; accounting for all funds; and not charging unreasonable or
         excessive fees.”

         The license of a CAM or CAM firm may be disciplined, including a suspension or revocation of their
         license, or denial of a license renewal, for the grounds specified in s. 468.436, F.S., including:
              Committing acts of gross misconduct or gross negligence in connection with the profession.
              Contracting, on behalf of an association, with any entity in which the CAM has a financial
                 interest that is not disclosed.
              Violating any provision of chapter 718 (relating to condominiums), chapter 719 (relating to
                 cooperatives), or chapter 720 (relating to homeowners’ associations) during the course of



1 S. 468.4315(1), F.S.
2 S. 468.431(2), F.S.
3 S. 468.433, F.S.
4 S. 468.4336 and 468.4337, F.S.

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                  performing community association management services pursuant to a contract with a
                  community association.5

         Community Association Managers- Effect of the Bill

         The bill requires CAMs and CAM firms authorized by a contract to provide community association
         management to an HOA to:
             Attend in person at least one member meeting or board meeting of the homeowners'
                 association annually;
             Provide HOA members:
                     o The name and contact information for each CAM or representative of the CAM firm
                         assigned to the HOA.
                     o The CAM’s or representative’s hours of availability.
                     o A summary of the duties for which the CAM or representative is responsible.

         The bill requires that the HOA post this information on the HOA website or application. The bill requires
         that a CAM or CAM firm must update the HOA and its members within 14 business days after any
         change to such information.

         A CAM or CAM firm is required to provide the contract between the HOA and the CAM, and the HOA
         governing documents, upon an HOA member’s request.

         The bill clarifies that the council may not require more than 10 hours of continuing education annually
         for the renewal of a license.

         The bill mandates that every two years, a CAM that provides services to an HOA must complete at
         least 5 hours of continuing education that pertains specifically to HOAs, 3 hours of which must relate to
         recordkeeping.

         Homeowners’ Association Background

         A homeowners’ association (HOA) is an association of residential property owners in which voting
         membership is made up of parcel owners, membership is a mandatory condition of parcel ownership,
         the association is authorized to impose assessments that, if unpaid, may become a lien on the parcel. 6
         In Florida, approximately 45 percent of homes are part of an HOA. 7

         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.8

         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.

         After control of the HOA is obtained by members other than the developer, the HOA may institute,
         maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters
         of common interest to the members. The HOA may defend actions in eminent domain or bring inverse
         condemnation actions. Any individual member or class of members may bring any action without


5 S. 468.436(2)(b)5.-7., F.S.
6 S. 720.301(9), F.S.
7 Patrick Regan, “45% of Florida Homes Are Part of an HOA, the Highest Percentage in the Nation.” South Florida Agent Magazine,

Apr. 21, 2023, https://southfloridaagentmagazine.com/2023/04/20/45-of-florida-homes-are-part-of-an-hoa-the-highest-percentage-in-
the-nation/ (last visited Feb. 1, 2024).
8 See generally ch. 720, F.S.

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         participation by the HOA, but a member does not have authority to act for the HOA by virtue of being a
         member.9

         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.10

         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. 11

         The declaration of covenants, much like a constitution, establishes the community’s basic covenants
         and restrictions.12 The articles of incorporation establish the HOA’s existence, basic structure, and
         governance.13 The bylaws govern the HOA’s operation and administration, while the rules and
         regulations typically supplement the other documents, addressing matters of everyday policy. 14

         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.15 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. 16

         Official Records- Current Situation

         An HOA must maintain each of the following items, when applicable, which constitute the official
         records of the HOA:17
              A copy of the HOA’s governing documents:
                     o declaration of covenants and each amendment,
                     o bylaws and each amendment,
                     o articles of incorporation and each amendment, and
                     o current rules.
              Copies of any plans, specifications, permits, and warranties related to improvements
                constructed on the common areas or other property that the HOA is obligated to maintain,
                repair, or replace.
              The minutes of all meetings of the board of directors and of the members, which minutes must
                be retained for at least 7 years.
              A current roster of all members and their designated mailing addresses and parcel
                identifications. A member's designated mailing address is the member's property address,
                unless the member has sent written notice to the association requesting that a different mailing
                address be used for all required notices.
                     o The association shall also maintain the e-mail addresses and the facsimile numbers
                         designated by members for receiving notice sent by electronic transmission of those
                         members consenting to receive notice by electronic transmission. A member's e-mail

9 S. 720.303(1), F.S.
10 S. 720.311, F.S.
11 S. 720.301(8), F.S.
12 Joseph Adams, HOA Governing Documents Explained (July 1, 2018), https://www.floridacondohoalawblog.com/2018/07/01/hoa-

governing-documents-explained/ (last visited Feb. 1, 2024).
13 Id.
14 Id.
15 S. 720.306(1), F.S.
16 Id.
17 S. 720.303(4), F.S.

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                            address is the e-mail address the member provided when consenting in writing to
                            receiving notice by electronic transmission, unless the member has sent written notice to
                            the association requesting that a different e-mail address be used for all required
                            notices. The e-mail addresses and facsimile numbers provided by members to receive
                            notice by electronic transmission must be removed from association records when the
                            member revokes consent to receive notice by electronic transmission.
                  All of the HOA’s insurance policies, which must be retained for at least 7 years.
                  A current copy of all contracts to which the HOA is a party, including, without limitation, any
                   management agreement, lease, or other contract under which the HOA has any obligation or
                   responsibility.
                        o Bids received by the HOA for work to be performed must also be considered official
                            records and must be kept for a period of 1 year.
                  The financial and accounting records of the HOA, kept according to good accounting practices.
                   All financial and accounting records must be maintained for a period of at least 7 years. The
                   financial and accounting records must include:
                        o Accurate, itemized, and detailed records of all receipts and expenditures.
                        o A current account and a periodic statement of the account for each member, designating
                            the name and current address of each member who is obligated to pay assessm ents,
                            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.18

         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.19 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


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

costs required for personnel to retrieve and copy the records if the ti me 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.
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         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. 20

         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.21

         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.22

         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.23

         The following records are not accessible to members or parcel owners: 24
             Any record protected by the lawyer-client privilege as described in s. 90.502, F.S., and any
                 record protected by the work-product privilege.
             Information obtained in connection with the approval of the lease, sale, or other transfer of a
                 parcel.
             Information obtained in a gated community in connection with guests’ visits to parcel owners or
                 community residents.
             Personnel records of HOA or management company employees.
             Medical records of parcel owners or community residents.
             Personal identifying information of a parcel owner other than as provided for HOA notice
                 requirements, excluding the person’s name, parcel designation, mailing address, and property
                 address.
             Any electronic security measure that is used to safeguard data, including passwords.
             The software and operating system which allows the manipulation of data; however, the data is
                 part of the official records.
             All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.

         Official Records- Effect of the Bill

         The bill mandates that the HOA adopt written rules governing the method of retaining official records
         and length of such retention.

         The bill requires every HOA, by January 1, 2025, to:
             Post a current digital copy of the official records on its website accessible on the Internet, or
             Make such documents available through an application that can be downloaded on a mobile
                  device.
             Such application or website must have a subpage or portal inaccessible to the general public,
                  and that is accessible only to HOA parcel owners and employees, and
             Must provide a username and password, upon request.

         The bill provides that if an HOA receives a subpoena for records from a law enforcement agency, the
         HOA must provide a copy of such records or otherwise make the records available to a law
         enforcement agency within 5 business days after receipt of the subpoena. The bill requires that an HOA
         must assist a law enforcement agency in its investigation to the extent permissible by law.

20 S. 720.303(5), F.S.
21 S. 720.303(5)(a), F.S.
22 S. 720.303(5)(b), F.S.
23 S. 720.303(5)(c), F.S.
24 S. 720.303(5)(c)1.-9., F.S.

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         Budget- Current Situation

         Every HOA is required to prepare an annual budget that sets out the annual operating expenses. The
         budget must:25
             Reflect the estimated revenues and expenses for that year and the estimated surplus or deficit
                as of the end of the current year.
             Set out separately all fees or charges paid for by the association for recreational amenities,
                whether owned by the association, the developer, or another person.

         The HOA must provide each member with a copy of the annual budget or a written notice that a copy of
         the budget is available upon request at no charge to the member. In addition to annual operating
         expenses, the budget may include reserve accounts for capital expenditures and deferred maintenance
         for which the HOA is responsible.26 Depending on the HOA’s governing documents, an HOA’s budget
         may not provide for reserve accounts.27 Upon approval by the HOA membership, the board of directors
         must include the required reserve accounts in the budget in the next fiscal year following the approval
         and each year thereafter.28

         Budget- Effect of the Bill

         The bill requires an HOA that has 2,500 members or more to:
             Use an independent certified public accountant (CPA) to prepare the HOA's annual budget.
             Retain an attorney to advise the HOA and its members on procedural matters relating to the
                  annual budget and to foster communications between the board and the HOA members.

         The bill provides that such CPA and attorney may not be the CAM or an employee of the CAM firm
         providing community association management services to the HOA.

         Powers and Duties of Officers and Directors – Current Situation

         The officers and directors of an HOA have a fiduciary relationship to the members who are served by
         the HOA.29

         Within 90 days after being elected or appointed to the board, each director shall certify in writing to the
         secretary of the HOA that:
             he or she has read the association's declaration of covenants, articles of incorporation, bylaws,
                 and current written rules and policies;
             he or she will work to uphold such documents and policies to the best of his or her ability; and
             he or she will faithfully discharge his or her fiduciary responsibility to the HOA members.

         Within 90 days after being elected or appointed to the board, in lieu of such written certification, the
         newly elected or appointed director may submit a certificate of having satisfactorily completed the
         educational curriculum administered by a division-approved education provider within 1 year before or
         90 days after the date of election or appointment. The written certification or educational certificate is
         valid for the uninterrupted tenure of the director on the board. A director who does not timely file the
         written certification or educational certificate shall be suspended from the board until he or she
         complies with the requirement. The board may temporarily fill the vacancy during the period of
         suspension.

         The HOA must retain each director's written certification or educational certificate for inspection by the
         members for 5 years after the director's election. However, the failure to have the written certification or
         educational certificate on file does not affect the validity of any board action. 30

25 S. 720.303(6)(a), F.S.
26 S. 720.303(6)(b), F.S.
27 S. 720.303(6)(d), F.S.
28 S. 720.303(6)(c)(1), F.S.
29 S. 720.303(1), F.S.

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         An officer, a director, or a manager who knowingly solicits, offers to accept, or accepts any thing or
         service of value or kickback for which consideration has not been provided for his or her own benefit or
         that of his or her immediate family from any person providing or proposing to provide goods or services
         to the association is subject to monetary damages. If the board finds that an officer or director has
         violated this condition, the board must immediately remove the officer or director from office. The
         vacancy must be filled according to law until the end of the director’s term of office. However, an officer,
         director, or manager may accept food to be consumed at a business meeting with a value of less than
         $25 per individual or a service or good received in connection with trade fairs or education programs. 31

         If the HOA enters into a contract or other transaction with any of its directors or a corporation, firm,
         association that is not an affiliated HOA, or other entity in which a director is also a director or officer or
         is financially interested, the board must:32
               Comply with the requirements for conflicts of interest in a corporation not for profit.33
               Enter certain disclosure requirements into the written minutes of the meeting.
               Approve the contract or other transaction by an affirmative vote of two-thirds of the directors
                 present.
               At the next regular or special meeting of the members, disclose the existence of the contract or
                 other transaction to the members. Upon motion of any member, the contract or transaction must
                 be brought up for a vote and may be canceled by a majority vote of the members present. If the
                 members cancel the contract, the HOA is only liable for the reasonable value of goods and
                 services provided up to the time of cancellation and is not liable for any termination fee,
                 liquidated damages, or other penalty for such cancellation.

         The directors and officers of an HOA who are appointed by the developer to disclose to the HOA their
         relationship to the developer each calendar year in which they serve as a director or an officer. 34A
         developer's appointment of an officer or director does not create a presumption that the officer or
         director has a conflict of interest with regard to the performance of his or her official duties.

         Directors and officers of an HOA are required to disclose to the HOA any activity that may reasonably
         be construed to be a conflict of interest at least 14 days prior to voting on the subject of such conflict or
         entering into such contract. A rebuttable presumption of a conflict of interest exists if any of the
         following occurs without prior disclosure to the HOA:35
            A director or an officer, or a relative of a director or an officer, enters into a contract for goods or
               services with the HOA.
            A director or an officer, or a relative of a director or an officer, holds an interest in a corporation,
               limited liability company, partnership, limited liability partnership, or other business entity that
               conducts business with the HOA or proposes to enter into a contract or other transaction with the
               HOA.

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

         Standards for Directors and Officers

         The bill clarifies that the officers and directors of an HOA are subject to the general standards for
         directors outlined in s. 617.0830, F.S., of the Florida Not for Profit Corporation Act. HOA directors were
         likely obligated to comply with these standards under current law as long as they were not inconsistent
         with the provisions of the HOA governing documents, but the bill would expand the standards to HOA


30 S. 720.3033(1)(a)-(c),F.S.
31 S. 720.3033(3), F.S.
32 S. 720.3033(2), F.S.
33 A contract or transaction with a conflict of interest is not voidable if the relationship or interest is disclosed or known t o the board; the

board authorized, approved, or ratified it by vote or written consent; or the contract or transaction is fair and reasonable at the time it is
authorized. Such contract or transaction must be authorized, approved, or ratified by a majority of the directors on the boar d who have
no relationship or interest in such transaction. S. 617.0832, F.S.
34 S. 720.3033(6)(a), F.S.
35 S. 720.3033(6)(b), F.S.

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         officers and require HOA governing provisions to be consistent with these standards. Under the bill,
         officers and directors would be required to discharge their duties:
               In good faith36;
               With the care an ordinarily prudent person in a like position would exercise under similar
                 circumstances; and
               In a manner he or she reasonably believes to be in the best interests of the corporation.

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

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

         Director Education Requirements

         The bill:
              Requires a new elected or appointed director, within 90 days after being elected or appointed,
                   to the board, to complete and submit a certificate of having satisfactorily completed the
                   educational curriculum administered by a DBPR-approved education provider.
              Provides that such educational curriculum, specific to newly elected or appointed directors,
                   must include training relating to financial literacy and transparency, recordkeeping, levying of
                   fines, and notice and meeting requirements.
              Provides that the certification of completion for education specific to newly elected or appointed
                   directors is valid up to four years.
              Requires a director to retake the DBPR-approved initial education every 4 years.

         In addition to the educational curriculum specific to newly elected or appointed directors, the bill
         requires a director of an association that:
               Has fewer than 2,500 members to complete at least 4 hours of continuing education annually.
               Has 2,500 members or more must complete at least 8 hours of continuing education
                  annually.

         Prohibition of Kickbacks

         The bill prohibits an HOA officer, director, or manager from accepting kickbacks:
             If a kickback is valued at least $25 but not more than $1,000, it is a first-degree misdemeanor.
             If a kickback is valued at $1,000 or more, it is a third-degree felony.

         Accounting of Balance Due- Current Situation

         The HOA’s financial and accounting records are considered official records and must be maintained by
         the HOA as discussed above.37 More specifically, the HOA is required to maintain the current account
         and a periodic statement of the account for each member, designating the name and current address of
         each member who is obligated to pay assessments, the due date and amount of each assessment or

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

good faith if he or she has knowledge concerning the matter in question that makes rel iance otherwise permitted by s. 617.0830 (2),
F.S. unwarranted.
37 S. 720.303(4), F.S.

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         other charge against the member, the date and amount of each payment on the account, and the
         balance due. These records are available upon written request for the requester to inspect and copy.
         Currently, Florida Law does not require an HOA to give a detailed accounting to an individual of any
         amounts he or she owes to the HOA.

         Accounting of Balance Due- Effect of the Bill

         The bill provides that a parcel owner or any occupant, licensee, or invitee of the parcel owner may, at
         any time, make a written request to the board for a detailed accounting of any amounts he or she owes
         to the HOA and the board shall provide such information within 10 business days after receipt of the
         written request. After a person makes a written request for a detailed accounting, he or she may not
         ask for another detailed accounting for 90 calendar days. Failure by the board to timely respond to a
         written request for a detailed accounting constitutes a complete waiver of any outstanding fines of the
         person who requested such accounting.

         HOA Architectural and Construction Improvement Covenants and Rules - Current Situation

         If the governing documents allow, an HOA or its architectural review, construction improvement, or
         other similar committee (ARC) may:38
              Require a review and approval of plans and specifications for the location, size, type, or
                 appearance of any structure or other improvement on a parcel before a parcel owner makes
                 such improvement.
              Enforce standards for the external appearance of any structure or improvement located on a
                 parcel.

         The HOA or ARC may not restrict the right of a parcel owner to select from any options given in the
         governing documents for the use of material, the size of the structure or improvement, the design of the
         structure or improvement, or the location of the structure or improvement on the parcel. 39

         Each parcel owner is entitled to the rights and privileges set forth in the governing documents
         concerning the architectural use of the parcel, and the construction of permitted structures and
         improvements on the parcel and such rights and privileges may not be unreasonably infringed upon or
         impaired by the HOA or ARC. If the an HOA or ARC unreasonably, knowingly, and willfully infringes
         upon or impairs such rights and privileges, the adversely affected parcel owner may recover damages,
         including any costs and reasonable attorney’s fees.40

         An HOA or ARC may not enforce any policy or restriction that is inconsistent with the rights and
         privileges of a parcel owner set forth in the governing documents, whether uniformly applied or not.41

         Hurricane Hardening

         Generally, hurricane hardening involves improvements to a building structure and its openings to make
         it less susceptible to damage from extreme wind, flooding, or flying debris. Hardening improves the
         durability and stability of a structure, making it better able to withstand the impacts of hurricanes and
         weather events without sustaining major damage.42

         Hurricane hardening includes installing hurricane impact-rated doors, windows with impact-resistant
         glass, reinforced roof and wall structures that meet or exceed high-velocity impact codes, independent




38 S. 720.3035(1), F.S.
39 S. 720. 3035(2), F.S.
40 S. 720.3035(4), F.S.
41 S. 720.3035(5), F.S.
42 Hurricane Hardening, WGI, (June 14, 2018), https://wginc.com/hurricane-hardening/ (last visited Dec. 8, 2023); Hardening and

Resiliency U.S. Energy Industry Response to Recent Hurricane Seasons, U.S. Department of Energy, Aug. 2010, p.8,
https://www.oe.netl.doe.gov/docs/HR-Report-final-081710.pdf (last visited Dec. 8, 2023).
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DATE: 2/14/2024
         emergency power systems, potable water storage, fuel stores, and other supplies and systems that will
         sustain those within the building for a certain time period after a storm.43

         Most hurricane hardening must be installed in compliance with applicable codes, including the Florida
         Building Code, and by a licensed construction contractor. 44

         Condominium Hurricane Protection Specifications

         Each residential condominium must adopt hurricane shutter specifications for each building of the
         condominium, which must include color, style, and other factors deemed relevant by the condominium.
         All such specifications must comply with the applicable building code. 45 A condominium is not required
         to adopt other hurricane protection specifications.

         A condominium may not refuse to approve the installation or replacement of hurricane shutters, impact
         glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a
         condominium unit owner conforming to the condominium’s specifications.46


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

         The bill requires an HOA or ARC to uniformly apply and enforce the architectural and construction
         improvement standards against all parcel owners authorized by the HOA governing documents.

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

         The bill provides that the HOA or ARC denies a parcel owner's request or application for the
         construction of a structure or other improvement on a parcel, the HOA or ARC must provide written
         notice to the parcel owner stating with specificity the rule or covenant on which the HOA or ARC relied
         when denying the request or application.

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

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


43 Id.
44 See s. 553.72(1), F.S.; s. 489.105, F.S.
45 S. 718.113(5), F.S.
46 S. 718.113(5)(d), F.S.

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         HOA or ARC Hurricane Protection Specifications

         The bill requires an HOA or any ARC to adopt hurricane protection specifications for each structure
         or other improvement on a parcel governed by the HOA. The specifications may include the color and
         style of hurricane protection products and any other factor deemed relevant by the board. All
         specifications adopted by the HOA must comply with the applicable building code.

         The bill allows the HOA or ARC to require a parcel owner to adhere to an existing unified building
         scheme regarding the external appearance of the structure or other improvement on the parcel.

         The bill provides that, regardless of any other provision in the HOA’s governing documents, the HOA or
         ARC may not deny an application for the installation, enhancement, or replacement of hurricane
         protection by a parcel owner which conforms to the specifications adopted by the HOA or ARC.

         The bill provides that "hurricane protection” includes, but is not limited to:
             Roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards,
             Permanent fixed storm shutters,
             Roll-down track storm shutters,
             Impact-resistant windows and doors,
             Polycarbonate panels,
             Reinforced garage doors,
             Erosion controls,
             Exterior fixed generators,
             Fuel storage tanks, and
             Other hurricane protection products used to preserve and protect the structures or
                 improvements on a parcel governed by the HOA.

         The bill provides that in order to protect the health, safety, and welfare of the people of the state and to
         ensure uniformity and consistency in the hurricane protection installed by parcel owners, the bill applies
         to all HOAs in the state, regardless of when the community was created.

         Prohibited Clauses in Governing Documents- Current Situation

         Under current Florida law, HOAs may not restrict the installation, display and storage of any items on a
         parcel that are not visible from the parcel’s frontage or an adjacent parcel, unless the item is prohibited
         by general law or local ordinance. Such items include, but are not limited to: 47
             Artificial turf;
             Boats;
             Flags; and
             Recreational vehicles.

         HOA governing documents may not prohibit:
            A homeowner from displaying up to two portable, removable flags in a respectful manner.
              However, all flags must be displayed in a respectful manner consistent with the requirements for
              the United States flag.48
            Any property owner from implementing Florida-friendly landscaping49 on his or her land or create
              any requirement or limitation in conflict with any provision of part II of chapter 373, F.S.,
              regarding the permitting of consumptive uses of water or a water shortage order, other order,
              consumptive use permit, or rule adopted or issued pursuant to part II of chapter 373, F.S.

         Furthermore, HOAs are prohibited from preventing a law enforcement officer 50 who is a parcel owner,
         or who is a tenant, guest, or invitee of a parcel owner, from parking his or her assigned law

47 S. 720.3045, F.S.
48 S. 720.3075(3), F.S.
49 Defined in s. 373.185, F.S.
50 A law enforcement officer is defined in s. 943.10(1), F.S.

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         enforcement vehicle where the parcel owner, or the tenant, guest, or invitee of the parcel owner, has a
         right to park.

         Prohibited Clauses in Governing Documents - Effect of the Bill

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

         The bill provides that HOA governing documents cannot prohibit:
            A property owner, or a guest, tenant, or invitee, from parking his or her personal vehicle,
                including a pickup truck:
                    o in the property owner's driveway,
                    o in common parking lots,
                    o on public roads and rights-of-way, or
                    o in any other area at which the property owner or the property owner's tenant, guest, or
                       invitee has a right to park which is governed by state, county, and municipal regulations.
            Regardless of any official insignia or visible designation, property owner, or a guest, tenant, or
                invitee, from parking his or her work vehicle, which is not a commercial motor vehicle51, in the
                property owner's driveway.
            A property owner from inviting, hiring, or allowing entry to a contractor or worker on the owner's
                parcel solely because the contractor or worker is not on a preferred vendor list of the HOA.
            Operating a vehicle that is not a commercial motor vehicle in conformance with state traffic laws
                on public roads or rights-of-way or the property owner’s parcel.
            A property owner from inviting, hiring, or allowing entry to a contractor or worker on his or her
                parcel solely because the contractor or worker does not have a professional or an occupational
                license. The HOA may not require a contractor or worker to present or prove possession of a
                professional or an occupational license to be allowed entry onto a property owner's parcel.
            A property owner from installing code-compliant hurricane protection or home hardening, such as
                hurricane shutters, impact glass, code-compliant windows or doors, or other similar protection
                that complies with or exceeds the applicable building code.
            A property owner from installing a roof system recognized by the Florida Building Code that meet
                ASCE 7-22 standards, artificial turf, vegetable garden, or clotheslines or other energy-efficient
                device.52

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

         The bill provides that a first responder53, instead of a law enforcement officer, that is a homeowner, or
         the tenant, guest, or invitee thereof, may park his or her assigned first responder vehicle on public
         roads or rights-of-way within the HOA if this is an area where the homeowner, or the tenant, guest, or
         invitee thereof, otherwise has a right to park. A first responder includes:
             A law enforcement officer;
             A firefighter;
             An emergency medical technician or paramedic; or
             Volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic .



51 “Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or

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

52 Similar to s. 163.04(2),   F.S regarding local governments.
53 A first responder is defined in s. 112.1815 (1), F.S.

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DATE: 2/14/2024
         The bill also states that an HOA is prohibited from enforcing a new rule or covenant against a parcel
         owner for an action that took place before the new rule or covenant was enacted.

         Fines and Suspension- Current Situation

         Owners, tenants, and guests must comply with an HOA’s declaration, bylaws, and rules. HOAs may
         levy fines against or suspend the right of a parcel owner, or an occupant or guest of an owner or
         occupant, to use the common areas 54 or any other association property for failing to comply with any
         provision in the HOA’s governing documents. A suspension for failing to comply with an HOA’s
         declaration, bylaws, or rules may not be for an unreasonable amount of time. 55

         An HOA may levy reasonable fines for violations of the declaration, bylaws, or reasonable rules of the
         HOA. No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of
         a continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
         exceed $1,000 if the HOA’s governing documents authorize it. Fines may not become a lien on the
         property unless the fines exceed $1,000.56

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

         A fine and suspension committee of at least three members selected by the board must hold a hearing
         to reject or approve the fine or suspension. Board directors, officers, and employees of the HOA and
         family of such people may not serve on the committee. The committee must approve the fine or
         suspension by majority vote; otherwise, the proposed fine or suspension may not be imposed. 57 After
         the hearing, the committee shall provide written notice to the parcel owner at his or her designated
         mailing or e-mail address in the HOA's official records of the parcel owner, of the committee's findings
         related to the violation, including any applicable fines or suspensions that the committee approved or
         rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure
         the violation, if applicable.58

         If the proposed fine or suspension levied by the board is approved by the committee by a majority vote,
         the fine payment is due 5 days after notice of the approved fine is provided to the parcel owner and, if
         applicable, to any occupant, licensee, or invitee of the parcel owner. Written notice of the fine or
         suspension must be provided to the person by mail or hand delivery. 59

         If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due
         to the HOA, the HOA may suspend the rights of the member, or the member’s tenant, guest, or invitee,
         to use common areas and facilities 60 until it is paid in full.

         An HOA may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or
         other monetary obligation due to the HOA that is more than 90 days delinquent. The suspension ends
         upon full payment of all obligations currently due or overdue to the HOA. 61

54 This does not apply to that portion of common areas used to provide      access or utility services to the parcel. A
suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress
from the parcel, including, but not limited to, the right to park. S. 720.305(2)(a), F.S.
55 S. 720.305(2), F.S.
56 S. 720.305(2), F.S.
57 Id.
58 Id.
59 Id.
60 A suspension may not prohibit an owner or tenant of a parcel from having access a portion of common areas used to provide acc ess

or utility services to the parcel, or from having vehicular and pedestrian ingress to and egress from the parcel. S . 720.305(4), F.S.
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         The notice and hearing requirements for levying fines do not apply to a suspension imposed for
         delinquent payment.62

         All suspensions imposed for delinquent payment of any fee, fine, or other monetary obligation due to
         the HOA must be approved at a properly noticed board meeting. Upon approval, the HOA must send
         written notice to the parcel owner and, if applicable, the parcel's occupant, licensee, or invitee by mail
         or hand delivery to the parcel owner's designated mailing or e-mail address in the HOA's official
         records.63

         Fines and Suspension- Effect of the Bill

         Levying Fines

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

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

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

         The bill provides that If the HOA fails to comply with the requirements for levying fines and
         suspensions, the HOA waives all fines or suspensions imposed or proposed for such violation.

         Limitations on Fines

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

61 S. 720.305(4), F.S.
62 S. 720.305(3), (4), F.S.
63 S. 720.305(5), F.S.

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                If an HOA allows a fine to be levied or a suspension to be imposed against a parcel owner or an
                 occupant, licensee, guest, or invitee for a traffic infraction64, such infraction must be determined
                 and issued by a board-approved nonaffiliated third party specializing in traffic infractions.
                HOAs may not issue a fine or suspension for:
                     o Leaving garbage receptacles at the curb or end of the driveway less than 24 hours before
                        or after the designated garbage collection day or time.
                     o Leaving holiday decorations or lights up longer than indicated in the governing documents,
                        unless such decorations or lights are left up for longer than 1 week after the association
                        provides written notice of the violation to the parcel owner.

         The bill restricts when an HOA fine can become a lien:
            A fine that amounts to less than 1 percent of the parcel’s just value65 as determined by the
                Property Appraiser at the time the fine was levied may only become a lien against the parcel with
                the approval by 75 percent of the total membership of parcel owners, and fines may not be
                aggregated to create a lien against a parcel.
            If an HOA allows a fine to be levied for an infraction relating to lawn, landscaping, or grass
                maintenance, such fine may not become a lien on a parcel.

         Assessments and Charges- Current Situation

         Overview

         Current law gives HOAs the ability to levy and collect assessments 66 from unit or parcel owners. This
         allows the HOA to carry out its responsibility for the HOA’s management, operation, and
         maintenance.67 In addition to levying assessments, HOAs also have the power to establish the time
         when each assessment is due, including when an assessment becomes delinquent. 68

         The most common assessments are those required to fund an HOA’s common expenses identified in
         an HOA’s annual budget. The amount to fund the common expenses and the assessments required to
         meet that amount are determined when an HOA’s budget is adopted.69 In contrast, a special
         assessment is an assessment levied against unit or parcel owners for unexpected expenses that are
         over and above those anticipated by the annual budget. 70

         When the amount of an assessment has been determined, the HOA must establish a payment
         schedule for the owners in accordance with the HOA’s bylaws. The payments must be sufficient to
         provide the funds necessary to pay all the anticipated operating expenses and all unpaid expenses
         previously incurred.71

64
   The term "traffic infraction" means a noncriminal violation of parking and traffic rules adopted by the state, county, munici pality, or
association.
65 The Florida Supreme Court has held that “…the just valuation at which property must be assessed under the [Florida] [C]onstit ution

and section 193.011 is synonymous with fair market value, i.e., the amount a purchaser, willing but not obliged to buy, woul d pay a
seller who is willing but not obliged to sell.” Valencia Ctr., Inc. v. Bystrom , 543 So. 2d 214, 216 (Fla. 1989). Under s. 193.011, F.S., the
Property Appraiser considers eight factors in arriving at a just valuation of a property:
     1. The present cash value of the property,
     2. The highest and best use of the property,
     3. The location of said property,
     4. The quantity or size of said property,
     5. The cost of said property and the present replacement value of any improvements;
     6. The condition of said property;
     7. The income from said property; and
     8. The net proceeds of the sale of the property.
66 S. 720.301(1), F.S. provides that an “assessment” or “amenity fee” means a sum or sums of money payable to the association, t o the

developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owners of one or
more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien again st the
parcel.
67 S. 720.301(1), and 720.308(1), F.S.
68 See generally, ch. 720, F.S.
69 S. 720.303(6)(a), F.S.
70 S. 720.303(6), F.S.
71 S.720.30851(1), F.S.

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         A parcel owner may not avoid paying assessments by waiving the use of common elements or services
         in the HOA. No parcel owner may be relieved from liability for all or part of an assessment.72 Boards
         must keep account of the assessments levied against every parcel owner and the assessments paid by
         every owner. These records are part of the HOA’s official records.73

         Claim of Lien

         An HOA may claim a lien for all unpaid assessments, but not for all unpaid fines.74 An HOA may file a
         claim of lien for a delinquent assessment with the Clerk of Court in the county where the HOA is
         located. The claim of lien must state the legal description of the parcel, the owner of the parcel, the
         HOA’s name and address, and the assessment amount owed and the due date. An officer or agent of
         the HOA must sign the claim of lien.75 A filed claim of lien is valid for one year.76

         Prior to filing a claim of lien, an HOA must give a parcel owner the opportunity to pay a delinquent
         assessment. At least 45 days before filing a claim of lien, an HOA must provide written notice of the
         HOA’s intent to file a lien to the unit owner. The notice of intent to record a claim of lien must include
         the following information:77
              The amount owed on the owner’s account;
              The interest rate for the amounts owed;
              A statement that the owner has 45 days after receipt of this notice to pay the amount owed or
                  the HOA will file a claim of lien against the unit or parcel; and
              A breakdown of the amount owed including:
                       o Maintenance costs due;
                       o Late fee, if applicable;
                       o Interest;
                       o Certified mail charges;
                       o Other costs; and
                       o Total amount owed.

         The notice must be sent by certified or registered mail, return receipt requested, and by first-class mail
         to the owner’s address listed in the official records. 78 If the address is different than the parcel address,
         the notice must also be sent to the parcel. If the address is different than the parcel address and the
         address is outside the United States, the HOA may send the notice by first class mail, instead of first
         class and certified/registered mail.

         A parcel owner may challenge a claim of lien by filing a notice of contest of lien with the Clerk of Court.
         After a parcel owner files a notice of contest, an HOA has 90 days to commence enforcement of the
         lien.79

         An HOA may bring an action to foreclose on a parcel for unpaid assessments in circuit court in the
         same way that a mortgage on real estate is foreclosed. The homestead protections provided by
         Florida’s Constitution do not prevent the foreclosure and sale of a parcel.80 In addition to an action of
         foreclosure, an HOA may also bring a civil action to recover a money judgment for the unpaid
         assessments without waiving any claim of lien.81




72 S. 720.3085(2)(a), F.S.
73 S. 720.303(4)-(5), F.S.
74 An HOA has a lien on a parcel for a fine that is $1,000 or more. S. 720.305(2), F.S.
75 Ss. 720.301(1), and (11), 720.305(2), and 720.3085(1), F.S.
76 S. 713.22(1), F.S.
77 S. 720.3085(4), F.S.
78 S. 720.3085(4)(b), F.S.
79 S. 720.3085(1), F.S.
80 Bessemer v. Gersten, 381 So. 2d 1344, 1347 (Fla. 1980).
81 S. 720.3085(1) F.S.

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         Prior to foreclosing on a lien, an HOA must provide written notice to the owner of its intent to foreclose
         on the lien. An HOA must give a parcel owner the written notice at least 45 days before foreclosing on
         the lien. The notice must include the following information: 82
              A claim of lien has been filed against the owner’s property for failing to pay an assessment(s);
              The HOA intends to foreclose on the lien in 45 days;
              The total amount owed;
              The interest rate and the interest owed; and
              The contact information for the HOA’s attorney or representative.

         Maximum Level of Assessments

         Assessments charged to a member must not exceed the maximum obligation of the member based on
         the total amount of the adopted budget and the member’s proportionate share of the expenses as
         described in the governing documents.83 Currently in Florida, there is not a cap on how much an HOA
         can raise assessments. However, the HOA’s governing documents may have specific provisions about
         raising regular assessments or imposing special assessments. 84 California has placed a cap on how
         much an HOA can increase assessments.85

         Assessments and Charges- Effect of Bill

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

         The bill also provides a few exceptions to the cap on regular assessments and special assessments
         described above. The exceptions are:

           1. The board has the right to increase regular assessments or special assessments by more than
              the caps if such increase is necessary for the immediate physical protection of property or public
              safety.
           2. While the developer is control, the developer may increase regular assessments or special
              assessments beyond the limits of such caps.
           3. If an HOA’s insurance policy premium increases by more than 25 percent over the preceding
              fiscal year’s premium, the HOA must solicit at least two additional insurance quotes from an
              insurer providing the initial quote.
                  o The board must present such quotes to the members of the HOA at a member meeting for
                      the consideration by the members.
                  o The determination on whether to accept the initial quote, which was for more than 25
                      percent of the preceding fiscal year’s premium, or accept another quote from another
                      insurer must be voted on by the members and determined by majority vote.

         The bill prohibits assessments below 1 percent of the just value 86as determined by the Property
         Appraiser at the time of the assessment from becoming a lien on a property without the approval of 75
         percent of voting members at a member meeting.

         Priority of Association Lien- Current Situation

         The priority of the lien of an HOA is contingent upon the language of the covenants that create the
         assessment obligation and the right to lien. Where the covenants are silent as to the priority, then the

82 Ss. 718.116(6)(a) and 720.3085(5), F.S.
83 S. 720.308(3).
84, Dania S. Fernandez, “How Much Can an HOA Raise Dues Each Year in Florida?”, Dania Fernandez and Associates, P.A., Feb. 26,

2021, www.daniafernandez.com/2021/03/30/how-much-can-an-hoa-raise-dues-each-year-in-florida/ (last visited Feb. 1, 2024).
85 California Civil Code § 5605.
86 See supra note 65.

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         HOA's lien will be effective for the purposes of determining priority as of the date of the filing of a claim
         of lien. Only where the HOA documents specifically provide that a claim of lien shall be considered a
         lien effective as of the date of the recorded declaration will a claim of lien take priority over mortgages
         and other liens filed. 87 However, the lien of the HOA is subordinate to that of a first mortgage that
         was recorded prior to the filing of a notice of lien.

         Priority of Association Lien- Effect of Bill

         The bill provides that the lien of the association is subordinate to that of any mortgage, rather than only
         a first mortgage, that was recorded prior to the filing of a notice of association lien. Thus, when there is
         a mortgage of record, whichever lien was recorded first in the land records has a higher priority than
         later recorded liens.


    B. SECTION DIRECTORY:

         Section 1: Amends s. 468.4334, F.S. relating to community association manager requirements.
         Section 2: Amends. 468.4337, F.S., relating to continuing education.
         Section 3: Amends s. 720.303, F.S., relating to requirements for HOA officers and directors, an
         accounting, official records, and budgets.
         Section 4: Amends s. 720.3033, F.S., relating to education of directors.
         Section 5: Amends s. 720.3035, F.S., relating to architectural control covenants.
         Section 6: Amends s. 720.3045, F.S., relating to installation, display, and storage of items.
         Section 7: Amends s. 720.305, F.S., relating to HOA fines and appeals.
         Section 8: Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.
         Section 9: Amends s. 720.308, F.S., relating to assessments and charges.
         Section 10: Amends s. 720.3085, F.S., relating to lien claims.
         Section 11: Amends s. 720.318, F.S., relating to first responder vehicles.
         Section 12: 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:
         The bill may reduce fines and assessments paid by members to the HOA. Protections put in place
         preventing HOA board members from accepting kickbacks, and requiring large HOAs to employ a CPA

87 Holly Lake Association v. Federal National Mortgage Association, 660 So. 2d 266 (Fla. 1995) (finding no relation back); Association

of Poinciana Villages v. Avatar Properties, Inc., 724 So. 2d 585 (Fla. 5th DCA 1998) (finding relation back).
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            may prevent unlawful behavior from occurring, and, thus, save HOAs money. However, some HOAs
            may have to spend money to develop a website and HOAs that have 2,500 members or more may
            have an increase in expenditures related to retaining a CPA and an attorney.

       D. FISCAL COMMENTS:
            None.


                                                              III. COMMENTS

       A. CONSTITUTIONAL ISSUES:

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

            2. Other:
                Impairment of Contracts and Due Process

                Both the Florida and the United States Constitutions prohibit the state from passing a law impairing
                contractual obligations.88 However, the Legislature may provide that a non-criminal law, including
                one that affects existing contractual obligations, applies retroactively in certain situations. 89 In
                determining whether a law may be applied retroactively, courts first determine whether the law is
                procedural, remedial, or substantive in nature.90 A purely procedural or remedial law may apply
                retroactively without offending the Constitution, but a substantive law generally may not apply
                retroactively absent clear legislative intent to the contrary.91 However, even where the Legislature
                has expressly stated that a law will have retroactive application, a court may reject that application if
                the law impairs a vested right, creates a new obligation, or imposes a new penalty. 92 Further, where
                a law is designed to serve a remedial purpose, a court may decide not to apply the law retroactively
                where doing so “would attach new legal consequences to events completed before its enactment.” 93

                Both the Florida and United States Constitutions prohibit the taking of life, liberty, or property without
                due process of law.94 The right to contract, as long as no fraud or deception is involved and the
                contract is otherwise legal, is both a liberty and a property right subject to due process protections,
                and the impairment of contracts may, in certain instances, be viewed as the taking of property
                without due process.95

                Whether some of bill’s language is procedural, remedial, or substantive, and whether such
                modification implicates the constitutional right to contract or the constitutional right to due process, is
                for the courts to decide.

       B. RULE-MAKING AUTHORITY:
            None.

       C. DRAFTING ISSUES OR OTHER COMMENTS:

88
     U.S. Const. art. I, s. 10; Art. I, s. 10, Fla. Const.
89 U.S. Const. art. I, ss. 9 and 10; Art. 1, s. 10, Fla. Const.
90 A procedural law merely establishes the means and methods for applying or enforcing existing duties or rights. A remedial law

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

(finding that a statute removing a specific deed restriction’s expiration date both impaired contracts and constituted a taking of private
property without due process).
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       None.

                        IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           PCS for CS/HB 1203                                                                                   2024




    1                                         A bill to be entitled
    2              An act relating to homeowners' associations; amending
    3              s. 468.4334, F.S.; providing requirements for certain
    4              community association managers and community
    5              association management firms; amending s. 468.4337,
    6              F.S.; requiring certain community association manag ers
    7              to take a specific number of hours of continuing
    8              education biennially; amending s. 720.303, F.S.;
    9              requiring official records of a homeowners'
10                 association to be maintained for a certain number of
11                 years; requiring an association to post certain
12                 documents on its website or make such documents
13                 available through an application by a date certain;
14                 providing requirements for an association's website or
15                 application; requiring an association to provide
16                 certain information to parcel owners upon request;
17                 requiring an association to ensure certain information
18                 and records are not accessible on the website or
19                 application; providing that an association or its
20                 agent is not liable for the disclosure of certain
21                 information; requiring an association to adopt certain
22                 rules; requiring an association to provide or make
23                 available subpoenaed records within a certain
24                 timeframe; requiring an association to assist in a law
25                 enforcement investigation as allowed by law; requiring

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        PCS for CS/HB 1203                                                                                   2024




26              that certain associations use an independent certified
27              public accountant to prepare its annual budget;
28              requiring certain associations to retain an attorney
29              for certain purposes; prohibiting certain persons from
30              acting as the accountant or attorney; providing that
31              officers and directors of a homeowners' association
32              are subject to certain standards; requiring a detailed
33              accounting of amounts due to the association be given
34              to certain persons within a certain timeframe upon
35              written request; limiting how often certain persons
36              may request from the board a detailed accounting;
37              providing for a complete waiver of outstanding fines
38              under certain circumstances; amending s. 720.3033,
39              F.S.; providing education requirements for newly
40              elected or appointed directors; providing requirements
41              for the educational curriculum; requiring certain
42              directors to complete a certain number of hours of
43              continuing education annually; requiring the
44              Department of Business and Professional Regulation to
45              adopt certain rules; providing criminal penalties for
46              certain actions by an officer, a director, or a
47              manager of an association; amending s. 720.3035, F.S.;
48              requiring an association or any architectural,
49              construction improvement, or other such similar
50              committee of an association to apply and enforce

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        PCS for CS/HB 1203                                                                                   2024




51              certain standards reasonably and equitably; requiring
52              an association or any architectural, construction
53              improvement, or other such similar committee of an
54              association to provide certain written notice to a
55              parcel owner; prohibiting an association or certain
56              committees of the association from enforcing or
57              adopting certain covenants, rules, or guidelines;
58              authorizing a parcel owner to appeal certain decisions
59              of the association or certain committees of the
60              association to an appeals committee within a specified
61              time frame; providing for membership and authority of
62              the appeals committee; requiring the appeals committee
63              to make its decisions within a specified time frame;
64              amending s. 720.3045, F.S.; authorizing parcel owners
65              or their tenants to install, display, or store
66              clotheslines and vegetable gardens under certain
67              circumstances; amending s. 720.305, F.S.; prohibiting
68              certain fines from being aggregated and becoming a
69              lien on a parcel without a supermajority vote of a
70              certain percentage of the voting members; specifying
71              how fines, suspensions, attorney fees, and costs are
72              determined; requiring certain notices to be provided
73              to parcel owners and, if applicable, an occupant, a
74              licensee, or an invitee of the parcel owner; requiring
75              certain hearings to be held within a specified

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         PCS for CS/HB 1203                                                                                   2024




 76              timeframe and authorizing such hearings to be held by
 77              telephone or other electronic means; prohibiting the
 78              accrual of attorney fees and costs after a specified
 79              time; specifying the priority of payments made by a
 80              parcel owner to an association; authorizing certain
 81              persons to request a hearing to dispute certain fees
 82              and costs; providing that certain fines may not become
 83              a lien on a parcel; requiring fines or suspensions
 84              related to traffic infractions to be determined and
 85              issued by a certain person; prohibiting a parcel owner
 86              from being fined for certain traffic infractions;
 87              defining the term "traffic infraction"; prohibiting an
 88              association from levying a fine or imposing a
 89              suspension for certain actions; prohibiting an
 90              association from enforcing certain rules or covenants
 91              under certain circumstances; amending s. 720.3075,
 92              F.S.; prohibiting certain homeowners' association
 93              documents from precluding property owners from taking
 94              certain actions; prohibiting homeowners' association
 95              documents from limiting or requiring certain actions;
 96              amending s. 720.308, F.S.; prohibiting a board from
 97              increasing assessments by more than specified
 98              percentages without a supermajority vote of a certain
 99              percentage of the voting members; providing an
100              exception; prohibiting certain assessments from

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         PCS for CS/HB 1203                                                                                   2024




101              becoming a lien on a parcel without a supermajority
102              vote of a certain percentage of the voting members;
103              amending s. 720.3085, F.S.; specifying when a lien is
104              effective for mortgages of record; deleting provisions
105              relating to the priority of certain liens, mortgages,
106              or certified judgments; amending s. 720.318, F.S.;
107              authorizing a law enforcement officer to park his or
108              her assigned law enforcement vehicle on public roads
109              and rights-of-way; providing an effective date.
110
111      Be It Enacted by the Legislature of the State of Florida:
112
113              Section 1.          Subsection (3) is added to section 468.4334,
114      Florida Statutes, to read:
115              468.4334           Professional practice standards; liability;
116      community association manager requirements.—
117              (3)         A community association manager or community
118      association management firm that is authorized by contract to
119      provide community association management services to a
120      homeowners' association must do all of the following:
121              (a)         Attend in person at least one member meeting or board
122      meeting of the homeowners' association annually.
123              (b)         Provide to the members of the homeowners' association
124      the name and contact information for each community association
125      manager or representative of a community association management

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         PCS for CS/HB 1203                                                                                   2024




126      firm assigned to the homeowners' association, the manager's or
127      representative's hours of availability, and a summary of the
128      duties for which the manager or representative is responsible.
129      The homeowners' association must also post this information on
130      the association's website or application required under s.
131      720.303(4)(b). The community association manager or community
132      association management firm must update the homeowners'
133      association and its members within 14 business days after any
134      change to such information.
135              (c)         Provide to any member upon request a copy of the
136      contract between the community association manager or community
137      association management firm and the homeowners' association and
138      include such contract with association's governing documents.
139              Section 2.          Section 468.4337, Florida Statutes, is amended
140      to read:
141              468.4337           Continuing education.—The department may not
142      renew a license until the licensee submits proof that the
143      licensee has completed the requisite hours of continuing
144      education. No more than 10 hours of continuing education
145      annually shall be required for renewal of a license. The number
146      of continuing education hours, criteria, and course content
147      shall be approved by the council by rule. The council may not
148      require more than 10 hours of continuing education annually for
149      renewal of a license. A community association manager who
150      provides community association management services to a

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         PCS for CS/HB 1203                                                                                   2024




151      homeowners' association must biennially complete at least 5
152      hours of continuing education that pertains specifically to
153      homeowners' associations, 3 hours of which must relate to
154      recordkeeping.
155              Section 3.         Subsections (1), (4), and (5), and paragraphs
156      (a), (d), and (f) of subsection (6) of section 720.303, Florida
157      Statutes, is amended, and subsection (13) is added to that
158      section, to read:
159              720.303        Association powers and duties; meetings of board;
160      official records; budgets; financial reporting; association
161      funds; recalls.—
162              (1)         POWERS AND DUTIES.—An association that which operates
163      a community as defined in s. 720.301, must be operated by an
164      association that is a Florida corporation. After October 1,
165      1995, the association must be incorporated and the initial
166      governing documents must be recorded in the official records of
167      the county in which the community is located. An association may
168      operate more than one community. The officers and directors of
169      an association are subject to s. 617.0830 and have a fiduciary
170      relationship to the members who are served by the association.
171      The powers and duties of an association include those set forth
172      in this chapter and, except as expressly limited or restricted
173      in this chapter, those set forth in the governing documents.
174      After control of the association is obtained by members other
175      than the developer, the association may institute, maintain,

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         PCS for CS/HB 1203                                                                                   2024




176      settle, or appeal actions or hearings in its name on behalf of
177      all members concerning matters of common interest to the
178      members, including, but not limited to, the common areas; roof
179      or structural components of a building, or other improvements
180      for which the association is responsible; mechanical,
181      electrical, or plumbing elements serving an improvement or
182      building for which the association is responsible;
183      representations of the developer pertaining to any existing or
184      proposed commonly used facility; and protesting ad valorem taxes
185      on commonly used facilities. The association may defend actions
186      in eminent domain or bring inverse condemnation actions. Before
187      commencing litigation against any party in the name of the
188      association involving amounts in controversy in excess of
189      $100,000, the association must obtain the affirmative approval
190      of a majority of the voting interests at a meeting of the
191      membership at which a quorum has been attained. This subsection
192      does not limit any statutory or common-law right of any
193      individual member or class of members to bring any action
194      without participation by the association. A member does not have
195      authority to act for the association by virtue of being a
196      member. An association may have more than one class of members
197      and may issue membership certificates. An association of 15 or
198      fewer parcel owners may enforce only the requirements of those
199      deed restrictions established prior to the purchase of each
200      parcel upon an affected parcel owner or owners.

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         PCS for CS/HB 1203                                                                                   2024




201              (4)         OFFICIAL RECORDS.—
202              (a)         The association shall maintain each of the following
203      items, when applicable, for at least 7 years, unless the
204      governing documents of the association require a longer period
205      of time, which constitute the official records of the
206      association:
207              1.(a)        Copies of any plans, specifications, permits, and
208      warranties related to improvements constructed on the common
209      areas or other property that the association is obligated to
210      maintain, repair, or replace.
211              2.(b)        A copy of the bylaws of the association and of each
212      amendment to the bylaws.
213              3.(c)        A copy of the articles of incorporation of the
214      association and of each amendment thereto.
215              4.(d)        A copy of the declaration of covenants and a copy of
216      each amendment thereto.
217              5.(e)        A copy of the current rules of the homeowners'
218      association.
219              6.(f)        The minutes of all meetings of the board of
220      directors and of the members, which minutes must be retained for
221      at least 7 years.
222              7.(g)        A current roster of all members and their designated
223      mailing addresses and parcel identifications. A member's
224      designated mailing address is the member's property address,
225      unless the member has sent written notice to the association

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         PCS for CS/HB 1203                                                                                   2024




226      requesting that a different mailing address be used for all
227      required notices. The association shall also maintain the e-mail
228      addresses and the facsimile numbers designated by members for
229      receiving notice sent by electronic transmission of those
230      members consenting to receive notice by electronic transmission.
231      A member's e-mail address is the e-mail address the member
232      provided when consenting in writing to receiving notice by
233      electronic transmission, unless the member has sent written
234      notice to the association requesting that a different e -mail
235      address be used for all required notices. The e-mail addresses
236      and facsimile numbers provided by members to receive notice by
237      electronic transmission must be removed from association records
238      when the member revokes consent to receive notice by electronic
239      transmission. However, the association is not liable for an
240      erroneous disclosure of the e-mail address or the facsimile
241      number for receiving electronic transmission of notices.
242              8.(h)        All of the association's insurance policies or a
243      copy thereof, which policies must be retained for at least 7
244      years.
245              9.(i)        A current copy of all contracts to which the
246      association is a party, including, without limitation, any
247      management agreement, lease, or other contract under which the
248      association has any obligation or responsibility. Bids received
249      by the association for work to be performed are must also be
250      considered official records and must be kept for a period of 1

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         PCS for CS/HB 1203                                                                                   2024




251      year.
252              10.(j)       The financial and accounting records of the
253      association, kept according to good accounting practices. All
254      financial and accounting records must be maintained for a period
255      of at least 7 years. The financial and accounting records must
256      include:
257              a.1.        Accurate, itemized, and detailed records of all
258      receipts and expenditures.
259              b.2.        A current account and a periodic statement of the
260      account for each member, designating the name and current
261      address of each member who is obligated to pay assessments, the
262      due date and amount of each assessment or other charge against
263      the member, the date and amount of each payment on the account,
264      and the balance due.
265              c.3.        All tax returns, financial statements, and financial
266      reports of the association.
267              d.4.        Any other records that identify, measure, record, or
268      communicate financial information.
269              11.(k)       A copy of the disclosure summary described in s.
270      720.401(1).
271              12.(l)       Ballots, sign-in sheets, voting proxies, and all
272      other papers and electronic records relating to voting by parcel
273      owners, which must be maintained for at least 1 year after the
274      date of the election, vote, or meeting.
275              13.(m)       All affirmative acknowledgments made pursuant to s.

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         PCS for CS/HB 1203                                                                                   2024




276      720.3085(3)(c)3.
277              14.(n)       All other written records of the association not
278      specifically included in this subsection which are related to
279      the operation of the association.
280              (b)1.        By January 1, 2025, an association shall post a
281      current digital copy of the documents specified in paragraph (a)
282      on its website or make such documents available through an
283      application that can be downloaded on a mobile device.
284              2.      The association's website or application must be
285      accessible through the Internet and must contain a subpage, web
286      portal, or other protected electronic location that is
287      inaccessible to the general public and accessible only to parcel
288      owners and employees of the association.
289              3.      Upon written request by a parcel owner, the association
290      must provide the parcel owner with a username and password and
291      access to the protected sections of the association's website or
292      application which contains the official documents of the
293      association.
294              4.      The association shall ensure that the informati on and
295      records described in paragraph (5)(d), which are not allowed to
296      be accessible to parcel owners, are not posted on the
297      association's website or application. If protected information
298      or information restricted from being accessible to parcel owners
299      is included in documents that are required to be posted on the
300      association's website or application, the association must

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         PCS for CS/HB 1203                                                                                   2024




301      ensure the information is redacted before posting the documents.
302      Notwithstanding the foregoing, the association or its authorized
303      agent is not liable for disclosing information that is protected
304      or restricted under paragraph (5)(d) unless such disclosure was
305      made with a knowing or intentional disregard of the protected or
306      restricted nature of such information.
307              (c)         The association shall adopt written rules governing
308      the method or policy by which the official records of the
309      association are to be retained and for how long such records
310      must be retained. Such information must be made available to the
311      parcel owners through the association's website or application.
312              (5)         INSPECTION AND COPYING OF RECORDS.—Unless otherwise
313      provided by law or the governing documents of the association,
314      the official records must shall be maintained within the state
315      for at least 7 years and shall be made available to a parcel
316      owner for inspection or photocopying within 45 miles of the
317      community or within the county in which the association is
318      located within 10 business days after receipt by the board or
319      its designee of a written request from the parcel owner. This
320      subsection may be complied with by having a copy of the official
321      records available for inspection or copying in the community or ,
322      at the option of the association, by making the records
323      available to a parcel owner electronically via the association's
324      website or application Internet or by allowing the records to be
325      viewed in electronic format on a computer screen and printed

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         PCS for CS/HB 1203                                                                                   2024




326      upon request. If the association has a photocopy machine
327      available where the records are maintained, it must provide
328      parcel owners with copies on request during the inspection if
329      the entire request is limited to no more than 25 pages. An
330      association shall allow a member or his or her authorized
331      representative to use a portable device, including a smartphone,
332      tablet, portable scanner, or any other technology capable of
333      scanning or taking photographs, to make an electronic copy of
334      the official records in lieu of the association's providing the
335      member or his or her authorized representative with a copy of
336      such records. The association may not charge a fee to a member
337      or his or her authorized representative for the use of a
338      portable device.
339              (a)         The failure of an association to provide access to the
340      records within 10 business days after receipt of a written
341      request submitted by certified mail, return receipt requested,
342      creates a rebuttable presumption that the association willfully
343      failed to comply with this subsection.
344              (b)         A member who is denied access to official records is
345      entitled to the actual damages or minimum damages for the
346      association's willful failure to comply with this subsection.
347      The minimum damages are to be $50 per calendar day up to 10
348      days, the calculation to begin on the 11th business day after
349      receipt of the written request.
350              (c)         The association may adopt reasonable written rules

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         PCS for CS/HB 1203                                                                                   2024




351      governing the frequency, time, location, notice, records to be
352      inspected, and manner of inspections, but may not require a
353      parcel owner to demonstrate any proper purpose for the
354      inspection, state any reason for the inspection, or limit a
355      parcel owner's right to inspect records to less than one 8 -hour
356      business day per month. The association may impose fees to cover
357      the costs of providing copies of the official records, including
358      the costs of copying and the costs required for personnel to
359      retrieve and copy the records if the time spent retrieving and
360      copying the records exceeds one-half hour and if the personnel
361      costs do not exceed $20 per hour. Personnel costs may not be
362      charged for records requests that result in the copying of 25 or
363      fewer pages. The association may charge up to 25 cents per page
364      for copies made on the association's photocopier. If the
365      association does not have a photocopy machine available where
366      the records are kept, or if the records requested to be copied
367      exceed 25 pages in length, the association may have copies made
368      by an outside duplicating service and may charge the actual cost
369      of copying, as supported by the vendor invoice. The association
370      shall maintain an adequate number of copies of the recorded
371      governing documents, to ensure their availability to members and
372      prospective members.
373              (d)         Notwithstanding this subsection paragraph, the
374      following records are not accessible to members or parcel
375      owners:

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         PCS for CS/HB 1203                                                                                   2024




376              1.      Any record protected by the lawyer-client privilege as
377      described in s. 90.502 and any record protected by the work-
378      product privilege, including, but not limited to, a record
379      prepared by an association attorney or prepared at the
380      attorney's express direction which reflects a mental impression,
381      conclusion, litigation strategy, or legal theory of the attorney
382      or the association and which was prepared exclusively for civil
383      or criminal litigation or for adversarial administrative
384      proceedings or which was prepared in anticipation of such
385      litigation or proceedings until the conclusion of the litigation
386      or proceedings.
387              2.      Information obtained by an association in connection
388      with the approval of the lease, sale, or other transfer of a
389      parcel.
390              3.      Information an association obtains in a gated community
391      in connection with guests' visits to parcel owners or community
392      residents.
393              4.      Personnel records of association or management company
394      employees, including, but not limited to, disciplinary, payroll,
395      health, and insurance records. For purposes of this
396      subparagraph, the term "personnel records" does not include
397      written employment agreements with an association or management
398      company employee or budgetary or financial records that indicate
399      the compensation paid to an association or management company
400      employee.

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         PCS for CS/HB 1203                                                                                   2024




401              5.      Medical records of parcel owners or community
402      residents.
403              6.      Social security numbers, driver license numbers, credit
404      card numbers, electronic mailing addresses, telephone numbers,
405      facsimile numbers, emergency contact information, any a ddresses
406      for a parcel owner other than as provided for association notice
407      requirements, and other personal identifying information of any
408      person, excluding the person's name, parcel designation, mailing
409      address, and property address. Notwithstanding the re strictions
410      in this subparagraph, an association may print and distribute to
411      parcel owners a directory containing the name, parcel address,
412      and all telephone numbers of each parcel owner. However, an
413      owner may exclude his or her telephone numbers from the
414      directory by so requesting in writing to the association. An
415      owner may consent in writing to the disclosure of other contact
416      information described in this subparagraph. The association is
417      not liable for the disclosure of information that is protected
418      under this subparagraph if the information is included in an
419      official record of the association and is voluntarily provided
420      by an owner and not requested by the association.
421              7.      Any electronic security measure that is used by the
422      association to safeguard data, including passwords.
423              8.      The software and operating system used by the
424      association which allows the manipulation of data, even if the
425      owner owns a copy of the same software used by the association.

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         PCS for CS/HB 1203                                                                                   2024




426      The data is part of the official records of the association.
427              9.      All affirmative acknowledgments made pursuant to s.
428      720.3085(3)(c)3.
429              (e)(d)        The association or its authorized agent is not
430      required to provide a prospective purchaser or lienholder with
431      information about the residential subdivision or the association
432      other than information or documents required by this chapter to
433      be made available or disclosed. The association or its
434      authorized agent may charge a reasonable fee to the prospective
435      purchaser or lienholder or the current parcel owner or member
436      for providing good faith responses to requests for information
437      by or on behalf of a prospective purchaser or lienholder, other
438      than that required by law, if the fee does not exceed $150 plus
439      the reasonable cost of photocopying and any attorney fees
440      incurred by the association in connection with the response.
441              (f)         If an association receives a subpoena for records from
442      a law enforcement agency, the association must provide a copy of
443      such records or otherwise make the records available for
444      inspection and copying to a law enforcement agency within 5
445      business days after receipt of the subpoena, unless otherwise
446      specified by the law enforcement agency or subpoena. An
447      association must assist a law enforcement agency in its
448      investigation to the extent permissible by law.
449              (6)         BUDGETS.—
450              (a)1.         The association shall prepare an annual budget that

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         PCS for CS/HB 1203                                                                                   2024




451      sets out the annual operating expenses. The budget must reflect
452      the estimated revenues and expenses for that year and the
453      estimated surplus or deficit as of the end of the curren t year.
454      The budget must set out separately all fees or charges paid for
455      by the association for recreational amenities, whether owned by
456      the association, the developer, or another person. The
457      association shall provide each member with a copy of the annual
458      budget or a written notice that a copy of the budget is
459      available upon request at no charge to the member. The copy must
460      be provided to the member within the time limits set forth in
461      subsection (5).
462              2.      An association that has 2,500 members or more must use
463      an independent certified public accountant to prepare the
464      association's annual budget. Such association must also retain
465      an attorney to advise the association and its members on
466      procedural matters relating to the annual budget and to foster
467      communications between the board and the members of the
468      association. The independent certified public accountant or
469      attorney required under this subparagraph may not be:
470              a.      The community association manager or an employee of the
471      community association management firm providing community
472      association management services to the association; or
473              b.      An officer or a director of the association or an
474      immediate family member of an officer or a director.
475              (d)         An association is deemed to have provided for reserve

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         PCS for CS/HB 1203                                                                                   2024




476      accounts upon the affirmative approval of a majority of the
477      total voting interests of the association. Such approval may be
478      obtained by vote of the members at a duly called meeting of the
479      membership or by the written consent of a majority of the total
480      voting interests of the association. The approval action of the
481      membership must state that reserve accounts shall be provided
482      for in the budget and must designate the components for which
483      the reserve accounts are to be established. Upon approval by the
484      membership, the board of directors or the independent certified
485      public accountant, if required under paragraph (a), shall
486      include the required reserve accounts in the budget in the next
487      fiscal year following the approval and each year thereafter.
488      Once established as provided in this subsection, the reserve
489      accounts must be funded or maintained or have their funding
490      waived in the manner provided in paragraph (f).
491              (f)         After one or more reserve accounts are established,
492      the membership of the association, upon a majority vote at a
493      meeting at which a quorum is present, may provide for no
494      reserves or less reserves than required by this section. If a
495      meeting of the parcel unit owners has been called to determine
496      whether to waive or reduce the funding of reserves and such
497      result is not achieved or a quorum is not present, the reserves
498      as included in the budget go into effect. After the turnover,
499      the developer may vote its voting interest to waive or reduce
500      the funding of reserves. Any vote taken pursuant to this

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         PCS for CS/HB 1203                                                                                   2024




501      subsection to waive or reduce reserves is applicable only to one
502      budget year.
503              (13)        REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner
504      or any occupant, licensee, or invitee of the parcel owner may
505      make a written request to the board for a detailed accounting of
506      any amounts he or she owes to the association and the board
507      shall provide such information within 10 business days after
508      receipt of the written request. After the parcel owner or any
509      occupant, licensee, or invitee of the parcel owner makes such
510      written request to the board, he or she may not ask for another
511      detailed accounting for at least 90 calendar days. Failure by
512      the board to respond within 10 business days to a written
513      request for a detailed accounting constitutes a complete waiver
514      of any outstanding fines of the person who requested such
515      accounting.
516              Section 4.         Subsections (1) and (3) of section 720.3033,
517      Florida Statutes, are amended to read:
518              720.3033          Officers and directors.—
519              (1)(a)       Within 90 days after being elected or appointed to
520      the board, each director shall certify in writing to the
521      secretary of the association that he or she has read the
522      association's declaration of covenants, articles of
523      incorporation, bylaws, and current written rules and policies;
524      that he or she will work to uphold such documents and policies
525      to the best of his or her ability; and that he or she will

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         PCS for CS/HB 1203                                                                                   2024




526      faithfully discharge his or her fiduciary responsibility to the
527      association's members. Within 90 days after being elected or
528      appointed to the board, in lieu of such written certification ,
529      the newly elected or appointed director must may submit a
530      certificate of having satisfactorily completed the educational
531      curriculum administered by a department-approved division-
532      approved education provider.
533              1.      The newly elected or appointed director must complete
534      the department-approved education for newly elected or appointed
535      directors within 90 days after being elected or appointed.
536              2.      The certificate of completion is valid for a maximum of
537      4 years.
538              3.      A director must complete the education specific to
539      newly elected or appointed directors at least every 4 years.
540              4.      The department-approved educational curriculum specific
541      to newly elected or appointed directors must include training
542      relating to financial literacy and transparency, recordkeeping,
543      levying of fines, and notice and meeting requirements.
544              5.      In addition to the educational curriculum specific to
545      newly elected or appointed directors:
546              a.      A director of an association that has fewer than 2,500
547      members must complete at least 4 hours of continuing education
548      annually.
549              b.      A director of an association that has 2,500 members or
550      more must complete at least 8 hours of continuing education

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         PCS for CS/HB 1203                                                                                   2024




551      annually within 1 year before or 90 days after the date of
552      election or appointment.
553              (b)         The written certification or educational certificate
554      is valid for the uninterrupted tenure of the director on the
555      board. A director who does not timely file the written
556      certification or educational certificate is shall be suspended
557      from the board until he or she complies with the requirement.
558      The board may temporarily fill the vacancy during the period of
559      suspension.
560              (c)         The association shall retain each director's written
561      certification or educational certificate for inspection by the
562      members for 5 years after the director's election. However, the
563      failure to have the written certification or educational
564      certificate on file does not affect the validity of any board
565      action.
566              (d)         The department shall adopt rules to implement and
567      administer the educational curriculum and continuing education
568      requirements under this subsection.
569              (3)         An officer, a director, or a manager may not solicit,
570      offer to accept, or accept, or receive any thing or service of
571      value for which consideration has not been provided for his or
572      her benefit or for the benefit of a member of his or her
573      immediate family from any person providing or proposing to
574      provide goods or services to the association. An officer, a
575      director, or a manager who knowingly solicits, offers to accept,

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         PCS for CS/HB 1203                                                                                   2024




576      or accepts, or receives any thing or service of value or
577      kickback that is at least $25 but not more than $1,000 for which
578      consideration has not been provided for his or her own benefit
579      or that of his or her immediate family from any person providing
580      or proposing to provide goods or services to the association
581      commits a misdemeanor of the first degree, punishable as
582      provided in s. 775.082 or s. 775.083 and is subject to monetary
583      damages under s. 617.0834. If such thing or kickback is valued
584      at $1,000 or more, the officer, director, or manager commits a
585      felony of the third degree, punishable as provided in s.
586      775.082, s. 775.083, or s. 775.084 and is subject to monetary
587      damages under s. 617.0834. If the board finds that an officer or
588      a director has violated this subsection, the board shall
589      immediately remove the officer or director from office. The
590      vacancy shall be filled according to law until the end of the
591      officer's or director's term of office. However, an officer, a
592      director, or a manager may accept food to be consumed at a
593      business meeting with a value of less than $25 per individual or
594      a service or good received in connection with trade fairs or
595      education programs.
596              Section 5.         Subsections (1) and (4) of section 720.3035,
597      Florida Statutes, are amended; and subsection (6) is added to
598      section 720.3035 to read:
599              720.3035          Architectural control covenants; parcel owner
600      improvements; rights and privileges.—

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         PCS for CS/HB 1203                                                                                   2024




601              (1)(a)        The authority of an association or any
602      architectural, construction improvement, or other such similar
603      committee of an association to review and approve plans and
604      specifications for the location, size, type, or appearance of
605      any structure or other improvement on a parcel, or to enforce
606      standards for the external appearance of any structure or
607      improvement located on a parcel, shall be permitted only to the
608      extent that the authority is specifically stated or reasonably
609      inferred as to such location, size, type, or appearance in the
610      declaration of covenants or other published guidelines and
611      standards authorized by the declaration of covenants. An
612      association or any architectural, construction improvement, or
613      similar committee of an association must reasonably and
614      equitably apply and enforce on all parcel owners the
615      architectural and construction improvement standards authorized
616      by the declaration of covenants or other published guidelines
617      and standards authorized by the declaration of covenants.
618              (b)         An association or any architectural, construction
619      improvement, or other such similar committee of an association
620      may not enforce or adopt a covenant, rule, or guideline that:
621              1.      Limits or places requirements on the interior of a
622      structure that is not visible from the parcel's frontage or an
623      adjacent parcel.
624              2.      Requires the review and approval of plans and
625      specifications for a central air-conditioning, refrigeration,

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         PCS for CS/HB 1203                                                                                   2024




626      heating, or ventilating system by the association or any
627      architectural, construction improvement, or other such similar
628      committee of an association, if such system is not visible from
629      the parcel's frontage and is substantially similar to a system
630      that is approved or recommended by the association or a
631      committee thereof.
632              (4)(a)        Each parcel owner is shall be entitled to the
633      rights and privileges set forth in the declaration of covenants
634      or other published guidelines and standards authorized by the
635      declaration of covenants concerning the architectural use of the
636      parcel, and the construction of permitted structures and
637      improvements on the parcel. and Such rights and privileges may
638      shall not be unreasonably infringed upon or impaired by the
639      association or any architectural, construction improvement, or
640      other such similar committee of the association. If the
641      association or any architectural, construction improvement, or
642      other such similar committee of the association denies a parcel
643      owner's request or application for the construction of a
644      structure or other improvement on a parcel, the association or
645      committee must provide written notice to the parcel owner
646      stating with specificity the rule or covenant on which the
647      association or committee relied when denying the request or
648      application and the specific aspect or part of the proposed
649      improvement that does not conform to such rule or covenant.
650              (b)         If a parcel owner's rights and privileges have been

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         PCS for CS/HB 1203                                                                                   2024




651      unreasonably infringed upon or impaired by a decision concerning
652      the architectural use of his or her parcel or the construction
653      of permitted structures and improvements on such parcel by the
654      association or any architectural, construction improvement, or
655      other such similar committee of the association, the association
656      must provide the parcel owner with the ability to appeal such
657      decision to an appeals committee that consists of at least three
658      members appointed by the board who are not officers, directors,
659      or employees of the association or members of the architectural,
660      construction improvement, or other similar committee of the
661      association. The appeals committee has the right to reverse,
662      modify, or affirm the decision being appealed. A parcel owner
663      may appeal a decision of the association or any architectural,
664      construction improvement, or other such similar committee of the
665      association within 90 days after the owner receives written
666      notification of the initial decision. The appeals committee must
667      make a decision on the issue under appeal within 60 days after
668      receiving a parcel owner's request for an appeal.
669              (c)         If the association or any architectural, construction
670      improvement, or other such similar committee of the association
671      should unreasonably, knowingly, and willfully infringe upon or
672      impair the rights and privileges set forth in the declaration of
673      covenants or other published guidelines and standards authorized
674      by the declaration of covenants, the adversely affected parcel
675      owner is shall be entitled to recover damages caused by such

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         PCS for CS/HB 1203                                                                                   2024




676      infringement or impairment, including any costs and reasonable
677      attorney attorney's fees incurred in preserving or restoring the
678      rights and privileges of the parcel owner set forth in the
679      declaration of covenants or other published guidelines and
680      standards authorized by the declaration of covenants.
681              (6)(a)        To protect the health, safety, and welfare of the
682      people of the state and to ensure uniformity and consistency in
683      the hurricane protection installed by parcel owners, this
684      subsection applies to all homeowners' associations in the state,
685      regardless of when the community was created. The board or any
686      architectural, construction improvement, or other such similar
687      committee of an association must adopt hurricane protection
688      specifications for each structure or other improvement on a
689      parcel governed by the association. The specificati ons may
690      include the color and style of hurricane protection products and
691      any other factor deemed relevant by the board. All
692      specifications adopted by the board must comply with the
693      applicable building code.
694              (b)         Notwithstanding any other provision in the governing
695      documents of the association, the board or any architectural,
696      construction improvement, or other such similar committee may
697      not deny an application for the installation, enhancement, or
698      replacement of hurricane protection by a parcel owner which
699      conforms to the specifications adopted by the board or
700      committee. The board or committee may require a parcel owner to

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         PCS for CS/HB 1203                                                                                   2024




701      adhere to an existing unified building scheme regarding the
702      external appearance of the structure or other improvement on the
703      parcel.
704              (c)         For purposes of this subsection, the term "hurricane
705      protection" includes, but is not limited to, roof systems
706      recognized by the Florida Building Code that meet ASCE 7 -22
707      standards, permanent fixed storm shutters, roll-down track storm
708      shutters, impact-resistant windows and doors, polycarbonate
709      panels, reinforced garage doors, erosion controls, exterior
710      fixed generators, fuel storage tanks, and other hurricane
711      protection products used to preserve and protect the structures
712      or improvements on a parcel governed by the association.
713              Section 6.          Section 720.3045, Florida Statutes, is amended
714      to read:
715              720.3045           Installation, display, and storage of items.—
716      Regardless of any covenants, restrictions, bylaws, rules, or
717      requirements of an association, and unless prohibited by general
718      law or local ordinance, an association may not restrict parcel
719      owners or their tenants from installing, displaying, or storing
720      any items on a parcel which are not visible from the parcel's
721      frontage or an adjacent parcel, including, but not limited to,
722      artificial turf, boats, flags, vegetable gardens, clotheslines,
723      and recreational vehicles.
724              Section 7.          Subsection (2) of section 720.305, Florida
725      Statutes, is amended, and subsections (7) through (10) are added

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         PCS for CS/HB 1203                                                                                   2024




726      to that section, to read:
727              720.305        Obligations of members; remedies at law or in
728      equity; levy of fines and suspension of use rights. —
729              (2)         An association may levy reasonable fines for
730      violations of the declaration, association bylaws, or reasonable
731      rules of the association. A fine may not exceed $100 per
732      violation against any member or any member's tenant, guest, or
733      invitee for the failure of the owner of the parcel or its
734      occupant, licensee, or invitee to comply with any provision of
735      the declaration, the association bylaws, or reasonable rules of
736      the association unless otherwise provided in the governing
737      documents. A fine may be levied by the board for each day of a
738      continuing violation, with a single notice and opportunity for
739      hearing, except that the fine may not exceed $1,000 in the
740      aggregate unless otherwise provided in the governing documents.
741      A fine of less than $1,000 may not become a lien against a
742      parcel. A fine that amounts to less than 1 percent of the
743      parcel’s just value as determined by the Property Appraiser in
744      accordance with ch. 193 at the time the fine was levied may only
745      become a lien against the parcel with approval by 75 percent of
746      the total membership of parcel owners, and fines may not be
747      aggregated to create a lien against a parcel. In any action to
748      recover a fine, the prevailing party is entitled to reasonable
749      attorney fees and costs from the nonprevailing party as
750      determined by the court.

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         PCS for CS/HB 1203                                                                                   2024




751              (a)         An association may suspend, for a reasonable period of
752      time, the right of a member, or a member's tenant, guest, or
753      invitee, to use common areas and facilities for the failure of
754      the owner of the parcel or its occupant, licensee, or invitee to
755      comply with any provision of the declaration, the association
756      bylaws, or reasonable rules of the association. This paragraph
757      does not apply to that portion of common areas used to provide
758      access or utility services to the parcel. A suspension may not
759      prohibit an owner or tenant of a parcel from having vehicular
760      and pedestrian ingress to and egress from the parcel, including,
761      but not limited to, the right to park.
762              (b)         A fine or suspension levied by the board of
763      administration may not be imposed unless the board first
764      provides at least 14 days' written notice of the parcel owner's
765      right to a hearing to the parcel owner at his or her designated
766      mailing or e-mail address in the association's official records
767      and, if applicable, to any occupant, licensee, or invitee of the
768      parcel owner, sought to be fined or suspended. Such and a
769      hearing must be held within 30 days after issuance of the notice
770      before a committee of at least three members appointed by the
771      board who are not officers, directors, or employees of the
772      association, or the spouse, parent, child, brother, or sister of
773      an officer, director, or employee. The committee may hold the
774      hearing by telephone or other electronic means. The notice must
775      include a description of the alleged violation; the specific

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         PCS for CS/HB 1203                                                                                   2024




776      action required to cure such violation, if applicable; and the
777      hearing date, and location, and access information if held by
778      telephone or other electronic means of the hearing. A parcel
779      owner has the right to attend a hearing by telephone or other
780      electronic means.
781              (c)         If the committee, by majority vote, does not approve a
782      proposed fine or suspension, the proposed fine or suspension may
783      not be imposed. The role of the committee is limited to
784      determining whether to confirm or reject the fine or suspension
785      levied by the board. If the committee, by majority vote,
786      determines that a violation does not exist, no other action may
787      be taken related to the alleged violation.
788              (d)         Within 7 days after the hearing, the committee shall
789      provide written notice to the parcel owner at his or her
790      designated mailing or e-mail address in the association's
791      official records and, if applicable, any occupant, licensee, or
792      invitee of the parcel owner, of the committee's findings related
793      to the violation, including any applicable fines or suspensions
794      that the committee approved or rejected, and how the parcel
795      owner or any occupant, licensee, or invitee of the parcel owner
796      may cure the violation, if applicable, or fulfill a suspension,
797      or the date by which a fine must be paid.
798              (e)         If a violation is found by the committee, but has been
799      cured before the hearing or in the manner specified in the
800      written notice required in paragraph (b) or paragraph (d), a

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         PCS for CS/HB 1203                                                                                   2024




801      fine or suspension may not be imposed. Attorney fees and costs
802      may not be awarded against the parcel owner.
803              (f)(e)        If a violation found by the committee is not cured
804      and the proposed fine or suspension levied by the board is
805      approved by the committee by a majority vote, the committee must
806      set a date by which the fine must be paid, which date must be at
807      least 30 days after delivery of the written notice required in
808      paragraph (d). Attorney fees and costs may not be awarded
809      against the parcel owner based on actions taken by the board
810      prior to the date set for the fine to be paid.
811              (g)         If a violation is found by the committee and the
812      proposed fine or suspension levied by the board is approved by
813      the committee and the violation is not cured or the fine is not
814      paid per the written notice required in paragraph (d),
815      reasonable attorney fees and costs may be awarded to the
816      association. Attorney fees and costs may not begin to accrue
817      until after the date noticed for payment under paragraph (d) and
818      the time for an appeal has expired.
819              (h)         Upon receipt of a payment for any outstanding fines
820      from a parcel owner or any occupant, licensee, or invitee of the
821      parcel owner, the board must apply the payment first to the fine
822      before satisfying any other amounts due to the association.
823      Attorney fees and costs may not continue to accrue after a
824      parcel owner or any occupant, licensee, or invitee of the parcel
825      owner pays the fine.

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         PCS for CS/HB 1203                                                                                   2024




826              (i)         A parcel owner or any occupant, licensee, or invitee
827      of the parcel owner may request a hearing before the board to
828      dispute the reasonableness of the attorney fees and costs
829      awarded to the association.
830              (j) The failure of the association to comply with
831      subsection (2) constitutes a waiver of all fines or suspensions
832      imposed or proposed for a violation.
833              (7)         If an association allows a fine to be levied for an
834      infraction relating to lawn, landscaping, or grass maintenance,
835      such fine may not become a lien on a parcel.
836              (8)         If an association allows a fine to be levied or a
837      suspension to be imposed against a parcel owner or an occupant,
838      a licensee, a guest, or an invitee of the parcel owner for a
839      traffic infraction, such infraction must be determined and
840      issued by a board-approved nonaffiliated third party
841      specializing in traffic infractions before such fine may be
842      levied or suspension imposed. A fine for a traffic infraction
843      may not become a lien on a parcel. However, a fine may not be
844      imposed against a parcel owner for a speeding violation
845      committed by his or her occupant, licensee, guest, or invitee.
846      For purposes of this paragraph, the term "traffic infraction"
847      means a noncriminal violation of parking and traffic rules
848      adopted by the state, county, municipality, or associ ation.
849              (9)         Notwithstanding any provision to the contrary in an
850      association's governing documents, an association may not levy a

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         PCS for CS/HB 1203                                                                                   2024




851      fine or impose a suspension for any of the following:
852              (a)         Leaving garbage receptacles at the curb or end of the
853      driveway within 24 hours before or after the designated garbage
854      collection day or time.
855              (b)         Leaving holiday decorations or lights on a structure
856      or other improvement on a parcel longer than indicated in the
857      governing documents, unless such decorations or lights are left
858      up for longer than 1 week after the association provides written
859      notice of the violation to the parcel owner.
860              (10)        An association may not enforce a new rule or covenant
861      against a parcel owner for an action that took place before the
862      new rule or covenant was enacted fine payment is due 5 days
863      after notice of the approved fine required under paragraph (d)
864      is provided to the parcel owner and, if applicable, to any
865      occupant, licensee, or invitee of the parcel owner. The
866      association must provide written notice of such fine or
867      suspension by mail or hand delivery to the parcel owner and, if
868      applicable, to any occupant, licensee, or invitee of the parcel
869      owner.
870              Section 8.          Subsection (3) of section 720.3075, Florida
871      Statutes, is amended, and paragraph (c) is added to subsection
872      (4) of that section, to read:
873              720.3075           Prohibited clauses in association documents.—
874              (3)         Homeowners' association documents, including
875      declarations of covenants, articles of incorporation, or bylaws,

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         PCS for CS/HB 1203                                                                                   2024




876      may not preclude:
877              (a)         The display of up to two portable, removable flags as
878      described in s. 720.304(2)(a) by property owners. However, all
879      flags must be displayed in a respectful manner consistent with
880      the requirements for the United States flag under 36 U.S.C.
881      chapter 10.
882              (b)         A property owner or a tenant, a guest, or an invitee
883      of the property owner from parking his or her personal vehicle,
884      including a pickup truck, in the property owner's driveway, in
885      common parking lots, on public roads and rights-of-way, or in
886      any other area at which the property owner or the property
887      owner's tenant, guest, or invitee has a right to park which is
888      governed by state, county, and municipal regulations; regardless
889      of any official insignia or visible designation, a property
890      owner or a tenant, a guest, or an invitee of the property owner
891      from parking his or her work vehicle, which is not a commercial
892      motor vehicle as defined in s. 320.01(25), in the property
893      owner's driveway.
894              (c)         A property owner from inviting, hiring, or allowing
895      entry to a contractor or worker on the owner's parcel solely
896      because the contractor or worker is not on a preferred vendor
897      list of the association. Additionally, homeowners' association
898      documents may not preclude a property owner from inviting,
899      hiring, or allowing entry to a contractor or worker on his or
900      her parcel solely because the contractor or worker does not have

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         PCS for CS/HB 1203                                                                                   2024




901      a professional or an occupational license. The association may
902      not require a contractor or worker to present or prove
903      possession of a professional or an occupational license to be
904      allowed entry onto a property owner's parcel.
905              (d)         Operating a vehicle that is not a commercial motor
906      vehicle as defined in s. 320.01(25) in conformance with state
907      traffic laws, on public roads or rights-of-way or the property
908      owner's parcel.
909              (e)         A property owner from installing code-compliant
910      hurricane protection or home hardening, such as hurricane
911      shutters, impact glass, code-compliant windows or doors, or
912      other similar protection that complies with or exceeds the
913      applicable building code.
914              (f)         A property owner from installing a roof system
915      recognized by the Florida Building Code that meet ASCE 7 -22
916      standards, artificial turf, vegetable garden, or clotheslines or
917      other energy-efficient device.
918              (4)
919              (c)         Homeowners' association documents, including
920      declarations of covenants, articles of incorporation, or bylaws,
921      may not limit landscaping to grass-only or grass-majority lawns,
922      or require mandatory watering for property owners and, if the
923      homeowner choses to water, require watering during the
924      association’s designated timeframes. However, the association's
925      documents may generally require that a property owner keep any

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         PCS for CS/HB 1203                                                                                   2024




926      lawn, landscaping, and grass on the property owner's parcel
927      well-maintained.
928              Section 9.         Subsection (3) of section 720.308, Florida
929      Statutes, is amended, and subsection (7) is added to that
930      section, to read:
931              720.308        Assessments and charges.—
932              (3)         MAXIMUM LEVEL OF ASSESSMENTS.—
933              (a)         The stated dollar amount of the guarantee must shall
934      be an exact dollar amount for each parcel identified in the
935      declaration. Regardless of the stated dollar amount of the
936      guarantee, assessments charged to a member may shall not exceed
937      the maximum obligation of the member based on the total amount
938      of the adopted budget and the member's proportionate share of
939      the expenses as described in the governing documents.
940              (b)         Notwithstanding more restrictive limitations placed on
941      the board by the governing documents and paragraph (c), the
942      board may not impose a regular assessment, excluding an
943      assessment for the association’s insurance policy premium, that
944      is more than 10 percent greater than the regular assessment for
945      the association's preceding fiscal year or impose special
946      assessments that in the aggregate exceed 5 percent of the
947      budgeted gross expenses of the association for that fiscal year
948      without the approval of 75 percent of voting members at a member
949      meeting.
950              (c)         The board may increase regular assessments or special

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         PCS for CS/HB 1203                                                                                   2024




951      assessments beyond the limits in paragraph (b) if such increase
952      is necessary for the immediate physical protection of property
953      or public safety.
954              (d) While the developer is in control, the developer may
955      increase regular assessments or special assessments beyond the
956      limits in paragraph (b).
957              (e) If an association’s insurance policy premium increases
958      by more than 25 percent over the preceding fiscal year’s
959      premium, the association must solicit at least two additional
960      insurance quotes from an insurer other than the insurer
961      providing the initial quote. The board must present such quotes
962      to the members of the association at a member meeting for the
963      consideration by the members. The determination on whether to
964      accept the initial quote, which was for more than 25 percent of
965      the preceding fiscal year’s premium, or accept another quote
966      from another insurer must be voted on by the members and
967      determined by majority vote.
968              (7)         LIENS.—An assessment that amounts to less than 1
969      percent of the parcel's just value as determined by the Property
970      Appraiser in accordance with ch. 193 at the time of the
971      assessment may not become a lien against the parcel or the basis
972      of a claim of lien against a parcel without the approval of 75
973      percent of voting members at a member meeting.
974              Section 10.            Subsection (1) and paragraph (c) of subsection
975      (3) of section 720.3085, Florida Statutes, are amended to read:

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          PCS for CS/HB 1203                                                                                   2024




 976              720.3085           Payment for assessments; lien claims.—
 977              (1)         When authorized by the governing documents, the
 978      association has a lien on each parcel to secure the payment of
 979      assessments and other amounts provided for by this section.
 980      Except as otherwise set forth in this section, the lien is
 981      effective from and shall relate back to the date on which the
 982      original declaration of the community was recorded. However, as
 983      to first mortgages of record, the lien is effective from and
 984      after recording of a claim of lien in the public records of the
 985      county in which the parcel is located. This subsection does not
 986      bestow upon any lien, mortgage, or certified judgment of record
 987      on July 1, 2008, including the lien for unpaid assessments
 988      created in this section, a priority that, by law, the lien,
 989      mortgage, or judgment did not have before July 1, 2008.
 990              (a)         To be valid, a claim of lien must state the
 991      description of the parcel, the name of the record owner, the
 992      name and address of the association, the assessment amount due,
 993      and the due date. The claim of lien secures all unpaid
 994      assessments that are due and that may accrue subsequent to the
 995      recording of the claim of lien and before entry of a certificate
 996      of title, as well as interest, late charges, and reasonable
 997      costs and attorney fees incurred by the association incident to
 998      the collection process. The person making payment is entitled to
 999      a satisfaction of the lien upon payment in full.
1000              (b)         By recording a notice in substantially the following

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          PCS for CS/HB 1203                                                                                   2024




1001      form, a parcel owner or the parcel owner's agent or attorney may
1002      require the association to enforce a recorded claim of lien
1003      against his or her parcel:
1004
1005                                        NOTICE OF CONTEST OF LIEN
1006              TO: ...(Name and address of association)...
1007              You are notified that the undersigned contests the
1008              claim of lien filed by you on ...., ...(year)..., and
1009              recorded in Official Records Book .... at page ....,
1010              of the public records of .... County, Florida, and
1011              that the time within which you may file suit to
1012              enforce your lien is limited to 90 days following the
1013              date of service of this notice. Executed this .... day
1014              of ...., ...(year)....
1015              Signed: ...(Owner or Attorney)...
1016
1017      After the notice of a contest of lien has been recorded, the
1018      clerk of the circuit court shall mail a copy of the recorded
1019      notice to the association by certified mail, return receipt
1020      requested, at the address shown in the claim of lien or the most
1021      recent amendment to it and shall certify to the service on the
1022      face of the notice. Service is complete upon mailing. After
1023      service, the association has 90 days in which to file an action
1024      to enforce the lien and, if the action is not filed within the
1025      90-day period, the lien is void. However, the 90-day period

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          PCS for CS/HB 1203                                                                                    2024




1026      shall be extended for any length of time that the association is
1027      prevented from filing its action because of an automatic stay
1028      resulting from the filing of a bankruptcy petition by the parcel
1029      owner or by any other person claiming an interest in the parcel.
1030              (c)         The association may bring an action in its name to
1031      foreclose a lien for assessments in the same manner in which a
1032      mortgage of real property is foreclosed and may also bring an
1033      action to recover a money judgment for the unpaid assessments
1034      without waiving any claim of lien. The association is entitled
1035      to recover its reasonable attorney's fees incurred in an action
1036      to foreclose a lien or an action to recover a money judgment for
1037      unpaid assessments.
1038              (d)         A release of lien must be in substantially the
1039      following form:
1040
1041                                                 RELEASE OF LIEN
1042              The undersigned lienor, in consideration of the final
1043              payment in the amount of $...., hereby waives and
1044              releases its lien and right to claim a lien for unpaid
1045              assessments through ...., ...(year)..., recorded in
1046              the Official Records Book .... at Page ...., of the
1047              public records of .... County, Florida, for the
1048              following described real property:
1049              (PARCEL NO. .... OR LOT AND BLOCK) OF ...(subdivision
1050              name)... SUBDIVISION AS SHOWN IN THE PLAT THEREOF,

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          PCS for CS/HB 1203                                                                                    2024




1051              RECORDED AT PLAT BOOK ...., PAGE ...., OF THE OFFICIAL
1052              RECORDS OF .... COUNTY, FLORIDA.
1053              ...(or insert appropriate metes and bounds description
1054              here)...
1055              ...(Signature of Authorized Agent)...                                    ...(Signature of
1056              Witness)...
1057              ...(Print Name)...                                                   ...(Print Name)...
1058                                                           ...(Signature of Witness)...
1059                                                                           ...(Print Name)...
1060              Sworn to (or affirmed) and subscribed before me this
1061              .... day of ...., ...(year)..., by ...(name of person
1062              making statement)....
1063              ...(Signature of Notary Public)...
1064              ...(Print, type, or stamp commissioned name of Notary
1065              Public)...
1066              Personally Known .... OR Produced .... as
1067              identification.
1068
1069              (e)         If the parcel owner remains in possession of the
1070      parcel after a foreclosure judgment has been entered, the court
1071      may require the parcel owner to pay a reasonable rent for the
1072      parcel. If the parcel is rented or leased during the pendency of
1073      the foreclosure action, the association is entitled to the
1074      appointment of a receiver to collect the rent. The expenses of
1075      the receiver must be paid by the party who does not prevail in

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          PCS for CS/HB 1203                                                                                   2024




1076      the foreclosure action.
1077              (f)         The association may purchase the parcel at the
1078      foreclosure sale and hold, lease, mortgage, or convey the
1079      parcel.
1080              (3)         Assessments and installments on assessments that are
1081      not paid when due bear interest from the due date until paid at
1082      the rate provided in the declaration of covenants or the bylaws
1083      of the association, which rate may not exceed the rate allowed
1084      by law. If no rate is provided in the declaration or bylaws,
1085      interest accrues at the rate of 18 percent per year.
1086              (c)1.        If an association sends out an invoice for
1087      assessments or a parcel's statement of the account described in
1088      s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for
1089      assessments or the parcel's statement of account must be
1090      delivered to the parcel owner by first-class United States mail
1091      or by electronic transmission to the parcel owner's e-mail
1092      address maintained in the association's official records.
1093              2.      Before changing the method of delivery for an invoice
1094      for assessments or the statement of the account, the association
1095      must deliver a written notice of such change to each parcel
1096      owner. The written notice must be delivered to the parcel owner
1097      at least 30 days before the association sends the invoice for
1098      assessments or the statement of the account by the new delivery
1099      method. The notice must be sent by first-class United States
1100      mail to the owner at his or her last address as reflected in the

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          PCS for CS/HB 1203                                                                                   2024




1101      association's records and, if such address is not the parcel
1102      address, must be sent by first-class United States mail to the
1103      parcel address. Notice is deemed to have been delivered upon
1104      mailing as required by this subparagraph.
1105              3.      A parcel owner must affirmatively acknowledge his or
1106      her understanding that the association will change its method of
1107      delivery of the invoice for assessments or the statement of the
1108      account before the association may change the method of
1109      delivering an invoice for assessments or the statement of
1110      account. The parcel owner may make the affirmative
1111      acknowledgment electronically or in writing.
1112              Section 11.           Section 720.318, Florida Statutes, is amended
1113      to read:
1114              720.318       Law enforcement First responder vehicles.—An
1115      association may not prohibit a first responder law enforcement
1116      officer, as defined in s. 112.1815(1)943.10(1), who is a parcel
1117      owner, or who is a tenant, guest, or invitee of a parcel owner,
1118      from parking his or her assigned first responder law enforcement
1119      vehicle in an area where the parcel owner, or the tenant, guest,
1120      or invitee of the parcel owner, otherwise has a right to park,
1121      including on public roads or rights-of-way.
1122              Section 12.           This act shall take effect July 1, 2024.




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                                         COMMERCE COMMITTEE

                                   PCS FOR CS/HB 1203 by Rep. Esposito

                                           AMENDMENT SUMMARY
                                             February 15, 2024

Amendment 1 by Rep. Esposito (Lines 280-502):
  • Provides that an association with 100 parcels or more is required to post a current digital copy of their
     official records on their respective websites or applications, and the types of official records that must
     be so posted, by January 1, 2025.
  • Creates the following criminal offenses connected with the production, retention, inspection, or
     tampering of official records:
          o Second-degree misdemeanor for a director, board member, the HOA, or a community
              association manager who knowingly, willfully, and repeatedly violates the inspection and
              copying of official records provisions, with the intent of causing harm to the association or one or
              more of its members.
          o First-degree misdemeanor for any person who knowingly and intentionally defaces or destroys
              accounting records during the period in which such records are required to be retained, or who
              knowingly or intentionally fails to create or maintain accounting records that are required to be
              created or retained, with the intent of causing harm to the association or one or more of its
              members.
          o Third-degree felony for any person who willfully and knowingly refuses to release or otherwise
              produce association records with the intent to avoid or escape detection, arrest, trial, or
              punishment for the commission of a crime, or to assist another person with such avoidance or
              escape.
  • Removes the requirement that an association with 2,500 members or more:
          o Use an independent certified public accountant to prepare the association's annual budget.
          o Retain an attorney to:
                   Advise the association and its members on procedural matters relating to the annual
                     budget; and
                   Foster communications between the board and the members of the association.
  • Requires an association with 1,000 parcels or more to prepare audited financial statements regardless
     of the association’s total annual revenue.
  • Prohibits an association from waiving the annual financial reporting requirements and preparing a
     report of cash receipts and expenditures by approval of a majority of voting interests for consecutive
     fiscal years.
  • Provides that a person using a debit card that is issued to the association or billed to the association for
     any expense that is not a lawful obligation of the association commits theft.

Amendment 2 by Rep. Esposito (Lines 516-595):
  • Revises annual continuing education provisions for board members by changing the threshold that
     determines whether a board member must complete four or eight hours annually from “2,500 members”
     to “2,500 parcels.”
  • Makes it an automatic third-degree felony, instead of tying the degree of the criminal offense to the
     monetary value of the offense, when officers, directors, or managers accept kickbacks.
  • Specifies that where a director or officer is charged by information or indictment with a specified
     criminal offense and must be removed from office as provided in current law, a vacancy must also be
     declared, and adds any criminal violation under the HOA Act as a criminal offense for which such
     removal and declaration is required.

Amendment 3 by Rep. Esposito (Between Lines 1111-1112):
  • Allows HOA members to consent electronically to online voting, instead of only having the option to
     consent in writing.

Amendment 4 by Rep. Esposito (Between Lines 922-927):
•   Clarifies that the association may provide designated watering timeframes for parcel owners for the
    purpose of watering the landscape if the parcel owners choose to water as long as watering is not
    mandatory.

Amendment 5 by Rep. Esposito (Lines 968-973):
• Prohibits assessments that amount to less than 1 percent of the parcel's property value at the time of
  the assessment from becoming a lien against the parcel or the basis of a claim of lien against a parcel
  without the approval of a majority of voting members at a member meeting, instead of 75 percent.

Amendment 6 by Rep. Esposito (Lines 503-511):
• Specifies that a homeowner can only request a detailed accounting of the amounts owed to the
  association related to the property.
• Allows an occupant, licensee, or invitee to request a detailed accounting if the homeowner provides the
  board with written authorization for such occupant, licensee, or invitee to make a request to the board.

Amendment 7 by Rep. Esposito (Lines 940-949):
• Provides that a regular assessment or special assessment that goes beyond a specific percentage from
  the previous fiscal year may be approved with 60 percent of the voting members at a meeting, instead
  of 75 percent.

Amendment 8 by Rep. Daniels (Lines 1080-1085):
• Provides that an assessment and installments for assessments that are unpaid may only accrue simple
  interest, and may not accrue compound interest despite what is in the governing documents.

Amendment 9 by Rep. Daniels (Between Lines 1111-1112):
• Requires the Department of Business and Professional Regulation to conduct binding arbitration of:
     o disputes between an association and a parcel owner regarding use of or changes to the parcel
         or the common areas and other covenant enforcement;
     o disputes regarding amendments to the association documents;
     o disputes regarding meetings of the board and committees appointed by the board; disputes
         regarding membership meetings not including election meetings, and
     o disputes regarding access to the official records of the association.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1203      (2024)
       Amendment No.1




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


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 280-502 and insert:
 6          (b)1.     By January 1, 2025, an association that has 100
 7     parcels or more shall post the following documents on its
 8     website or make such documents available through an application
 9     that can be downloaded on a mobile device:
10          a.     The articles of incorporation of the association and
11     each amendment thereto.
12          b.     The recorded bylaws of the association and each
13     amendment thereto.
14          c.     The declaration of covenants and a copy of each
15     amendment thereto.
16          d.     The current rules of the association.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1203      (2024)
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17          e.    A list of all current executory contracts or documents
18     to which the association is a party or under which the
19     association or the parcel owners have an obligation or
20     responsibility and, after bidding for the related materials,
21     equipment, or services has closed, a list of bids received by
22     the association within the past year.
23          f.    The annual budget required by subsection (6) and any
24     proposed budget to be considered at the annual meeting.
25          g.    The financial report required by subsection (7) and any
26     monthly income or expense statement to be considered at a
27     meeting.
28          h.    The association's current insurance policies.
29          i.    The certification of each director as required by s.
30     720.3033(1)(a).
31          j.    All contracts or transactions between the association
32     and any director, officer, corporation, firm, or association
33     that is not an affiliated homeowners' association or any other
34     entity in which a director of an association is also a director
35     or officer and has a financial interest.
36          k.    Any contract or document regarding a conflict of
37     interest or possible conflict of interest as provided in ss.
38     468.436(2)(b)6. and 720.3033(2).
39          l.    Notice of any scheduled meeting of members and the
40     agenda for the meeting, as required by s. 720.306, no later than
41     14 days before such meeting. The notice must be posted in plain
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
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42     view on the homepage of the website or application, or on a
43     separate subpage of the website or application labeled "Notices"
44     which is conspicuously visible and linked from the homepage. The
45     association must also post on its website or application any
46     document to be considered and voted on by the members during the
47     meeting or any document listed on the meeting agenda at least 7
48     days before the meeting at which such document or information
49     within the document will be considered.
50          m.   Notice of any board meeting, the agenda, and any other
51     document required for such meeting as required by subsection
52     (3), which must be posted on the website or application no later
53     than the date required for notice under subsection (3).
54          2.   The association's website or application must be
55     accessible through the Internet and must contain a subpage, web
56     portal, or other protected electronic location that is
57     inaccessible to the general public and accessible only to parcel
58     owners and employees of the association.
59          3.   Upon written request by a parcel owner, the association
60     must provide the parcel owner with a username and password and
61     access to the protected sections of the association's website or
62     application which contains the official documents of the
63     association.
64          4.   The association shall ensure that the information and
65     records described in paragraph (5)(g), which are not allowed to
66     be accessible to parcel owners, are not posted on the
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
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67     association's website or application. If protected information
68     or information restricted from being accessible to parcel owners
69     is included in documents that are required to be posted on the
70     association's website or application, the association must
71     ensure the information is redacted before posting the documents.
72     Notwithstanding the foregoing, the association or its authorized
73     agent is not liable for disclosing information that is protected
74     or restricted under paragraph (5)(g) unless such disclosure was
75     made with a knowing or intentional disregard of the protected or
76     restricted nature of such information.
77          (c)   The association shall adopt written rules governing
78     the method or policy by which the official records of the
79     association are to be retained and for how long such records
80     must be retained pursuant to paragraph (a). Such information
81     must be made available to the parcel owners through the
82     association's website or application.
83          (5)   INSPECTION AND COPYING OF RECORDS.—
84          (a)   Unless otherwise provided by law or the governing
85     documents of the association, the official records must shall be
86     maintained within the state for at least 7 years and shall be
87     made available to a parcel owner for inspection or photocopying
88     within 45 miles of the community or within the county in which
89     the association is located within 10 business days after receipt
90     by the board or its designee of a written request from the
91     parcel owner. This subsection may be complied with by having a
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                                      Bill No. PCS for CS/HB 1203     (2024)
        Amendment No.1


 92     copy of the official records available for inspection or copying
 93     in the community or, at the option of the association, by making
 94     the records available to a parcel owner electronically via the
 95     Internet or by allowing the records to be viewed in electronic
 96     format on a computer screen and printed upon request. If the
 97     association has a photocopy machine available where the records
 98     are maintained, it must provide parcel owners with copies on
 99     request during the inspection if the entire request is limited
100     to no more than 25 pages. An association shall allow a member or
101     his or her authorized representative to use a portable device,
102     including a smartphone, tablet, portable scanner, or any other
103     technology capable of scanning or taking photographs, to make an
104     electronic copy of the official records in lieu of the
105     association's providing the member or his or her authorized
106     representative with a copy of such records. The association may
107     not charge a fee to a member or his or her authorized
108     representative for the use of a portable device.
109          (b)(a)   The failure of an association to provide access to
110     the records within 10 business days after receipt of a written
111     request submitted by certified mail, return receipt requested,
112     creates a rebuttable presumption that the association willfully
113     failed to comply with this subsection.
114          (c)(b)   A member who is denied access to official records
115     is entitled to the actual damages or minimum damages for the
116     association's willful failure to comply with this subsection.
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117     The minimum damages are to be $50 per calendar day up to 10
118     days, the calculation to begin on the 11th business day after
119     receipt of the written request.
120          (d)   Any director or member of the board or association or
121     a community association manager who knowingly, willfully, and
122     repeatedly violates paragraph (a), with the intent of causing
123     harm to the association or one or more of its members, commits a
124     misdemeanor of the second degree, punishable as provided in s.
125     775.082 or s. 775.083. For purposes of this paragraph, the term
126     "repeatedly" means two or more violations within a 12 -month
127     period.
128          (e)   Any person who knowingly and intentionally defaces or
129     destroys accounting records during the period in which such
130     records are required to be maintained, or who knowingly or
131     intentionally fails to create or maintain accounting records
132     that are required to be created or maintained, with the intent
133     of causing harm to the association or one or more of its
134     members, commits a misdemeanor of the first degree, punishable
135     as provided in s. 775.082 or s. 775.083.
136          (f)   Any person who willfully and knowingly refuses to
137     release or otherwise produce association records with the intent
138     to avoid or escape detection, arrest, trial, or punishment for
139     the commission of a crime, or to assist another person with such
140     avoidance or escape, commits a felony of the third degree,
141     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      PCS for CSHB 1203 a1
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142          (g)(c)   The association may adopt reasonable written rules
143     governing the frequency, time, location, notice, records to be
144     inspected, and manner of inspections, but may not require a
145     parcel owner to demonstrate any proper purpose for the
146     inspection, state any reason for the inspection, or limit a
147     parcel owner's right to inspect records to less than one 8 -hour
148     business day per month. The association may impose fees to cover
149     the costs of providing copies of the official records, including
150     the costs of copying and the costs required for personnel to
151     retrieve and copy the records if the time spent retrieving and
152     copying the records exceeds one-half hour and if the personnel
153     costs do not exceed $20 per hour. Personnel costs may not be
154     charged for records requests that result in the copying of 25 or
155     fewer pages. The association may charge up to 25 cents per page
156     for copies made on the association's photocopier. If the
157     association does not have a photocopy machine available where
158     the records are kept, or if the records requested to be copied
159     exceed 25 pages in length, the association may have copies made
160     by an outside duplicating service and may charge the actual cost
161     of copying, as supported by the vendor invoice. The association
162     shall maintain an adequate number of copies of the recorded
163     governing documents, to ensure their availability to members and
164     prospective members. Notwithstanding this subsection paragraph,
165     the following records are not accessible to members or parcel
166     owners:
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                                        Bill No. PCS for CS/HB 1203   (2024)
        Amendment No.1


167          1.     Any record protected by the lawyer-client privilege as
168     described in s. 90.502 and any record protected by the work-
169     product privilege, including, but not limited to, a record
170     prepared by an association attorney or prepared at the
171     attorney's express direction which reflects a mental impression,
172     conclusion, litigation strategy, or legal theory of the attorney
173     or the association and which was prepared exclusively for civil
174     or criminal litigation or for adversarial administrative
175     proceedings or which was prepared in anticipation of such
176     litigation or proceedings until the conclusion of the litigation
177     or proceedings.
178          2.     Information obtained by an association in connection
179     with the approval of the lease, sale, or other transfer of a
180     parcel.
181          3.     Information an association obtains in a gated community
182     in connection with guests' visits to parcel owners or community
183     residents.
184          4.     Personnel records of association or management company
185     employees, including, but not limited to, disciplinary, payroll,
186     health, and insurance records. For purposes of this
187     subparagraph, the term "personnel records" does not include
188     written employment agreements with an association or management
189     company employee or budgetary or financial records that indicate
190     the compensation paid to an association or management company
191     employee.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1203     (2024)
        Amendment No.1


192          5.   Medical records of parcel owners or community
193     residents.
194          6.   Social security numbers, driver license numbers, credit
195     card numbers, electronic mailing addresses, telephone numbers,
196     facsimile numbers, emergency contact information, any addresses
197     for a parcel owner other than as provided for association notice
198     requirements, and other personal identifying information of any
199     person, excluding the person's name, parcel designation, mailing
200     address, and property address. Notwithstanding the restrictions
201     in this subparagraph, an association may print and distribute to
202     parcel owners a directory containing the name, parcel address,
203     and all telephone numbers of each parcel owner. However, an
204     owner may exclude his or her telephone numbers from the
205     directory by so requesting in writing to the association. An
206     owner may consent in writing to the disclosure of other contact
207     information described in this subparagraph. The association is
208     not liable for the disclosure of information that is protected
209     under this subparagraph if the information is included in an
210     official record of the association and is voluntarily provided
211     by an owner and not requested by the association.
212          7.   Any electronic security measure that is used by the
213     association to safeguard data, including passwords.
214          8.   The software and operating system used by the
215     association which allows the manipulation of data, even if the


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                                        Bill No. PCS for CS/HB 1203    (2024)
        Amendment No.1


216     owner owns a copy of the same software used by the association.
217     The data is part of the official records of the association.
218          9.    All affirmative acknowledgments made pursuant to s.
219     720.3085(3)(c)3.
220          (h)(d)   The association or its authorized agent is not
221     required to provide a prospective purchaser or lienholder with
222     information about the residential subdivision or the association
223     other than information or documents required by this chapter to
224     be made available or disclosed. The association or its
225     authorized agent may charge a reasonable fee to the p rospective
226     purchaser or lienholder or the current parcel owner or member
227     for providing good faith responses to requests for information
228     by or on behalf of a prospective purchaser or lienholder, other
229     than that required by law, if the fee does not exceed $1 50 plus
230     the reasonable cost of photocopying and any attorney fees
231     incurred by the association in connection with the response.
232          (i)    If an association receives a subpoena for records from
233     a law enforcement agency, the association must provide a copy of
234     such records or otherwise make the records available for
235     inspection and copying to a law enforcement agency within 5
236     business days after receipt of the subpoena, unless otherwise
237     specified by the law enforcement agency or subpoena. An
238     association must assist a law enforcement agency in its
239     investigation to the extent permissible by law.
240          (6)    BUDGETS.—
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241          (f)   After one or more reserve accounts are established,
242     the membership of the association, upon a majority vote at a
243     meeting at which a quorum is present, may provide for no
244     reserves or less reserves than required by this section. If a
245     meeting of the parcel unit owners has been called to determine
246     whether to waive or reduce the funding of reserves and such
247     result is not achieved or a quorum is not present, the reserves
248     as included in the budget go into effect. After the turnover,
249     the developer may vote its voting interest to waive or reduce
250     the funding of reserves. Any vote taken pursuant to this
251     subsection to waive or reduce reserves is applicable only to one
252     budget year.
253          (7)   FINANCIAL REPORTING.—Within 90 days after the end of
254     the fiscal year, or annually on the date provided in the bylaws,
255     the association shall prepare and complete, or contract with a
256     third party for the preparation and completion of, a financial
257     report for the preceding fiscal year. Within 21 days after the
258     final financial report is completed by the association or
259     received from the third party, but not later than 120 days after
260     the end of the fiscal year or other date as provided in the
261     bylaws, the association shall, within the time limits set forth
262     in subsection (5), provide each member with a copy of the annual
263     financial report or a written notice that a copy of the
264     financial report is available upon request at no charge to the
265     member. Financial reports shall be prepared as follows:
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                                       Bill No. PCS for CS/HB 1203      (2024)
        Amendment No.1


266          (a)    An association that meets the criteria of this
267     paragraph shall prepare or cause to be prepared a complete set
268     of financial statements in accordance with generally accepted
269     accounting principles as adopted by the Board of Accountancy.
270     The financial statements shall be based upon the association's
271     total annual revenues, as follows:
272          1.    An association with total annual revenues of $150,000
273     or more, but less than $300,000, shall prepare compiled
274     financial statements.
275          2.    An association with total annual revenues of at least
276     $300,000, but less than $500,000, shall prepare reviewed
277     financial statements.
278          3.    An association with total annual revenues of $500,000
279     or more shall prepare audited financial statements.
280          4.    An association with 1,000 parcels or more shall prepare
281     audited financial statements, notwithstanding the association's
282     total annual revenues.
283          (d)    If approved by a majority of the voting interests
284     present at a properly called meeting of the association, an
285     association may prepare or cause to be prepared:
286          1.    A report of cash receipts and expenditures in lieu of a
287     compiled, reviewed, or audited financial statement;
288          2.    A report of cash receipts and expenditures or a
289     compiled financial statement in lieu of a reviewed or audited
290     financial statement; or
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                                         Bill No. PCS for CS/HB 1203   (2024)
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291          3.     A report of cash receipts and expenditures, a compiled
292     financial statement, or a reviewed financial statement in lieu
293     of an audited financial statement.
294
295     An association may not prepare a financial statement pursuant to
296     this paragraph for consecutive fiscal years.
297          (13)    DEBIT CARDS.—
298          (a)     An association and its officers, directors, employees,
299     and agents may not use a debit card issued in the name of the
300     association, or billed directly to the association, for the
301     payment of any association expenses.
302          (b)     A person who uses a debit card issued in the name of
303     the association, or billed directly to the association, for any
304     expense that is not a lawful obligation of the association
305     commits theft as provided under s. 812.014.
306
307     For the purposes of this subsection, the term "lawful obligation
308     of the association" means an obligation that has been properly
309     preapproved by the board and is reflected in the meeting minutes
310     or the written budget.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 2




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 516-595 and insert:
 6          Section 4.     Subsections (1) and (3) and paragraph (a) of
 7     subsection (4) of section 720.3033, Florida Statutes, are
 8     amended to read:
 9          720.3033     Officers and directors.—
10          (1)(a)   Within 90 days after being elected or appointed to
11     the board, each director shall certify in writing to the
12     secretary of the association that he or she has read the
13     association's declaration of covenants, articles of
14     incorporation, bylaws, and current written rules and policies;
15     that he or she will work to uphold such documents and policies
16     to the best of his or her ability; and that he or she will
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                                       Bill No. PCS for CS/HB 1203   (2024)
       Amendment No. 2


17     faithfully discharge his or her fiduciary responsibility to the
18     association's members. Within 90 days after being elected or
19     appointed to the board, in lieu of such written certification,
20     the newly elected or appointed director must may submit a
21     certificate of having satisfactorily completed the educational
22     curriculum administered by a department-approved division-
23     approved education provider.
24          1.     The newly elected or appointed director must complete
25     the department-approved education for newly elected or appointed
26     directors within 90 days after being elected or appointed.
27          2.     The certificate of completion is valid for a maximum of
28     4 years.
29          3.     At least every 4 years, a director must complete the
30     education specific to newly elected or appointed directors.
31          4.     The department-approved educational curriculum specific
32     to newly elected or appointed directors must include training
33     relating to financial literacy and transparency, recordkeeping,
34     levying of fines, and notice and meeting requirements.
35          5.     In addition to the educational curriculum specific to
36     newly elected or appointed directors:
37          a.     A director of an association that has fewer than 2,500
38     parcels must complete at least 4 hours of continuing education
39     annually.
40          b.     A director of an association that has 2,500 parcels or
41     more must complete at least 8 hours of continuing education
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                                     Bill No. PCS for CS/HB 1203      (2024)
       Amendment No. 2


42     annually within 1 year before or 90 days after the date of
43     election or appointment.
44          (b)   The written certification or educational certificate
45     is valid for the uninterrupted tenure of the director on the
46     board. A director who does not timely file the written
47     certification or educational certificate is shall be suspended
48     from the board until he or she complies with the require ment.
49     The board may temporarily fill the vacancy during the period of
50     suspension.
51          (c)   The association shall retain each director's written
52     certification or educational certificate for inspection by the
53     members for 5 years after the director's election. However, the
54     failure to have the written certification or educational
55     certificate on file does not affect the validity of any board
56     action.
57          (d)   The department shall adopt rules to implement and
58     administer the educational curriculum and continuing education
59     requirements under this subsection.
60          (3)   An officer, a director, or a manager may not solicit,
61     offer to accept, or accept a kickback. As used in this
62     subsection, the term "kickback" means any thing or service of
63     value for which consideration has not been provided for an
64     officer's, a director's, or a manager's his or her benefit or
65     for the benefit of a member of his or her immediate family from
66     any person providing or proposing to provide goods or services
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                                      Bill No. PCS for CS/HB 1203    (2024)
       Amendment No. 2


67     to the association. An officer, a director, or a manager who
68     knowingly solicits, offers to accept, or accepts a any thing or
69     service of value or kickback commits a felony of the third
70     degree, punishable as provided in s. 775.082, s. 775.083, or s.
71     775.084, and for which consideration has not been provided for
72     his or her own benefit or that of his or her immediate family
73     from any person providing or proposing to provide goods or
74     services to the association is subject to monetary damages under
75     s. 617.0834. If the board finds that an officer or a dir ector
76     has violated this subsection, the board shall immediately remove
77     the officer or director from office. The vacancy shall be filled
78     according to law until the end of the officer's or director's
79     term of office. However, an officer, a director, or a mana ger
80     may accept food to be consumed at a business meeting with a
81     value of less than $25 per individual or a service or good
82     received in connection with trade fairs or education programs.
83          (4)(a)   A director or an officer charged by information or
84     indictment with any of the following crimes must be removed from
85     office and a vacancy declared:
86          1.   Forgery of a ballot envelope or voting certificate used
87     in a homeowners' association election as provided in s. 831.01.
88          2.   Theft or embezzlement involving the association's funds
89     or property as provided in s. 812.014.
90          3.   Destruction of or the refusal to allow inspection or
91     copying of an official record of a homeowners' association which
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                                     Bill No. PCS for CS/HB 1203      (2024)
       Amendment No. 2


92     is accessible to parcel owners within the time periods required
93     by general law, in furtherance of any crime. Such act
94     constitutes tampering with physical evidence as provided in s.
95     918.13.
96          4.   Obstruction of justice as provided in chapter 843.
97          5.   Any criminal violation under this chapter.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 3




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment (with title amendment)
 5          Between lines 1111 and 1112, insert:
 6          Section 11.     Section 720.317, Florida Statutes, is amended
 7     to read:
 8          720.317    Electronic voting.—
 9          (1)     The association may conduct elections and other
10     membership votes through an Internet-based online voting system
11     if a member consents, electronically or in writing, to online
12     voting and if the following requirements are met:
13          (a)(1)    The association provides each member with:
14          1.(a)     A method to authenticate the member's identity to
15     the online voting system.


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                                       Bill No. PCS for CS/HB 1203   (2024)
       Amendment No. 3


16           2.(b)    A method to confirm, at least 14 days before the
17     voting deadline, that the member's electronic device can
18     successfully communicate with the online voting system.
19           3.(c)    A method that is consistent with the election and
20     voting procedures in the association's bylaws.
21           (b)(2)   The association uses an online voting system that
22     is:
23           1.(a)    Able to authenticate the member's identity.
24           2.(b)    Able to authenticate the validity of each electronic
25     vote to ensure that the vote is not altered in transit.
26           3.(c)    Able to transmit a receipt from the online voting
27     system to each member who casts an electronic vote.
28           4.(d)    Able to permanently separate any authentication or
29     identifying information from the electronic election ballot,
30     rendering it impossible to tie an election ballot to a specific
31     member. This paragraph only applies if the association's bylaws
32     provide for secret ballots for the election of directors.
33           5.(e)    Able to store and keep electronic ballots accessible
34     to election officials for recount, inspection, and review
35     purposes.
36           (2)(3)   A member voting electronically pursuant to this
37     section shall be counted as being in attendance at the meeting
38     for purposes of determining a quorum.
39           (3)(4)   This section applies to an association that
40     provides for and authorizes an online voting system pursuant to
     PCS for CSHB 1203 a3
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1203   (2024)
       Amendment No. 3


41     this section by a board resolution. The board resolution must
42     provide that members receive notice of the opportunity to vote
43     through an online voting system, must establish reasonable
44     procedures and deadlines for members to consent, electronically
45     or in writing, to online voting, and must establish reasonable
46     procedures and deadlines for members to opt out of online voting
47     after giving consent. Written notice of a meeting at which the
48     board resolution regarding online voting will be considered m ust
49     be mailed, delivered, or electronically transmitted to the unit
50     owners and posted conspicuously on the condominium property or
51     association property at least 14 days before the meeting.
52     Evidence of compliance with the 14-day notice requirement must
53     be made by an affidavit executed by the person providing the
54     notice and filed with the official records of the association.
55          (4)(5)   A member's consent to online voting is valid until
56     the member opts out of online voting pursuant to the procedures
57     established by the board of administration pursuant to
58     subsection (3) (4).
59          (5)(6)   This section may apply to any matter that requires
60     a vote of the members.
61
62           -----------------------------------------------------
63                          T I T L E   A M E N D M E N T
64          Remove lines 106-109 and insert:


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                                     Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 3


65     or certified judgments; amending s. 720.317, F.S.; providing
66     that a homeowner may consent to online voting electronically, as
67     well as in writing, and that association boards must establish
68     reasonable procedures for giving such consent; amending s.
69     720.318, F.S.; authorizing a law enforcement officer to park his
70     or her assigned law enforcement vehicle on public roads and
71     rights-of-way; providing an effective date.




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                                  Page 4 of 4
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                    Bill No. PCS for CS/HB 1203     (2024)
      Amendment No. 4




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


1     Committee/Subcommittee hearing bill:     Commerce Committee
2     Representative Esposito offered the following:
3
4          Amendment
5          Remove lines 922-927 and insert:
6     or require mandatory watering for property owners. However, the
7     association documents may provide designated timeframes for the
8     parcel owners to follow related to the use of water for purposes
9     of watering landscaping if the parcel owners choose to water .




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 5




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 968-973 and insert:
 6          (7)    LIENS.—An assessment that amounts to less than 1
 7     percent of the parcel's just value as determined by the Property
 8     Appraiser in accordance with ch. 193 at the time of the
 9     assessment may not become a lien against the parcel or the basis
10     of a claim of lien against a parcel without the approval of a
11     majority of voting members at a member meeting.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
       Amendment No.6




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


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 503-511 and insert:
 6          (13)   REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner
 7     may make a written request to the board for a detailed
 8     accounting of any amounts owed to the association related to the
 9     parcel and the board shall provide such information within 10
10     business days after receipt of the written request. The parcel
11     owner may provide to the board a written authorization for any
12     occupant, licensee, or invitee of the parcel owner to make a
13     written request to the board for a detailed accounting of any
14     amounts owed to the association related to the parcel. The board
15     shall provide such information to the occupant, licensee, or
16     invitee of such parcel, and provide a copy to the parcel owner,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
       Amendment No.6


17     within 10 business days after the receipt of the written
18     request. After the parcel owner, or an occupant, licensee, or
19     invitee makes such written request to the board, another
20     detailed accounting may not be requested for at least 90
21     calendar days. Failure by




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 7




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Esposito offered the following:
 3
 4          Amendment
 5          Remove lines 940-949 and insert:
 6          (b)    Notwithstanding more restrictive limitations placed on
 7     the board by the governing documents and paragraph (c), the
 8     board may not impose a regular assessment, excluding an
 9     assessment for the association’s insurance policy premium, that
10     is more than 10 percent greater than the regular assessment for
11     the association's preceding fiscal year or impose special
12     assessments that in the aggregate exceed 5 percent of the
13     budgeted gross expenses of the association for that fiscal year
14     without the approval of 60 percent of voting members at a member
15     meeting.


     PCS for CSHB 1203 a7
      Published On: 2/14/2024 9:10:29 PM
                                   Page 1 of 1
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 8




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Daniels offered the following:
 3
 4          Amendment
 5          Remove lines 1080-1085 and insert:
 6          (3)    Assessments and installments on assessments that are
 7     not paid when due bear interest from the due date until paid at
 8     the rate provided in the declaration of covenants or the bylaws
 9     of the association, which rate may not exceed the rate allowed
10     by law. If no rate is provided in the declaration or bylaws,
11     simple interest accrues at the rate of 18 percent per year.
12     Regardless of the declaration or bylaws, the assessments and
13     installments on assessments that are not paid when due may not
14     accrue compound interest.
15


     PCS for CSHB 1203 a8
      Published On: 2/14/2024 9:16:21 PM
                                   Page 1 of 1
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1203    (2024)
       Amendment No. 9




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Daniels offered the following:
 3
 4          Amendment
 5          Between lines 1111 and 1112, insert:
 6          Section 11.     Section 720.311, Florida Statutes, is amended
 7     to read:
 8          720.311 Dispute resolution.—
 9          (1) The Legislature finds that alternative dispute
10     resolution has made progress in reducing court dockets and
11     trials and in offering a more efficient, cost-effective option
12     to litigation. The filing of any petition for arbitration or the
13     serving of a demand for presuit mediation as provided for in
14     this section shall toll the applicable statute of limitations.
15     Any recall dispute filed with the department under s.
16     720.303(10) shall be conducted by the department in accordance
     PCS for CSHB 1203 a9
      Published On: 2/14/2024 9:17:03 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 9


17     with the provisions of ss. 718.112(2)(l) and 718.1255 and the
18     rules adopted by the division. In addition, the department shall
19     conduct binding arbitration of election disputes; disputes
20     between an association and a parcel owner regarding use of or
21     changes to the parcel or the common areas and other covenant
22     enforcement; disputes regarding amendments to the association
23     documents; disputes regarding meetings of the board and
24     committees appointed by the board; disputes regarding membership
25     meetings not including election meetings, and disputes regarding
26     access to the official records of the association between a
27     member and an association in accordance with s. 718.1255 and
28     rules adopted by the division. Election disputes and recall
29     disputes are not eligible for presuit mediation; these disputes
30     must be arbitrated by the department or filed in a court of
31     competent jurisdiction. At the conclusion of an arbitration
32     proceeding, the department shall charge the parties a fee in an
33     amount adequate to cover all costs and expenses incurred by the
34     department in conducting the proceeding. Initially, the
35     petitioner shall remit a filing fee of at least $200 to the
36     department. The fees paid to the department shall become a
37     recoverable cost in the arbitration proceeding, and the
38     prevailing party in an arbitration proceeding shall recover its
39     reasonable costs and attorney fees in an amount found reasonable
40     by the arbitrator. The department shall adopt rules to
41     effectuate the purposes of this section.
     PCS for CSHB 1203 a9
      Published On: 2/14/2024 9:17:03 PM
                                  Page 2 of 2
PCS for CS/HB 1273
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     PCS for CS/HB 1273 Reciprocity or Endorsement of Licensure
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:


  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY
                                                                                                         CHIEF

  Orig. Comm.: Commerce Committee                                                     Wright             Hamon

                                              SUMMARY ANALYSIS
An occupational or professional license is a form of government regulation that requires individuals who want
to perform certain types of work, such as contractors and cosmetologists, to obtain governmental authorization
to work in a specific field. The Florida Department of Business and Professional Regulation (DBPR) regulates
and licenses various businesses and professionals, and the Department of Health (DOH) regulates health
practitioners.

For DBPR, the bill:
     Allows an applicant to request that a finding by a licensing board that the license in another jurisdiction
      is insufficient for a Florida license be submitted to the secretary for review, who may issue the license in
      certain circumstances.
     Provides that when license endorsement based on years of licensure is not otherwise provided in the
      practice act for a profession, the board, or the DBPR if there is no board, must allow licensure by
      endorsement for any applicant who:
           o Has held a license to practice the profession in another state or territory of the United States for
               at least 5 years before application and is applying for the same or similar license in Florida;
           o Submits an application either when the license in another state or territory is active or within 2
               years after such license was last active;
           o Has passed the recognized national licensing exam, if required;
           o Has no pending disciplinary actions;
           o Shows proof of compliance with any required federal regulation, training, or certification;
           o Completes any Florida-specific education courses or test if required by the practice act; and
           o Complies with any insurance or bonding requirements as required for the profession.

For DOH, the bill:
     Repeals existing licensure by endorsement statutes and establishes a single standardized process for
      licensure by endorsement for all health care professions regulated by DOH.
     Requires applicants seeking licensure by endorsement to submit an application and meet the following
      requirements:
          o Hold an active, unencumbered license with a similar scope of practice in a US jurisdiction;
          o Have passed any required national licensure examination or Florida-specific test;
          o Have actively practiced the profession for two of the last four years;
          o Make an attestation related to licensure discipline;
          o Meet certain financial responsibility requirements; and
          o Submit a set of fingerprints for a background screening, if required.

The bill will have a significant negative fiscal impact on state government and no impact on local governments.
See Fiscal Comments.

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



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/14/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation – Department of Business and Professional Regulation

         Occupational Licensing

         An occupational or professional license is a form of government regulation that requires individuals who
         want to perform certain types of work, such as contractors and cosmetologists, to obtain governmental
         authorization to work in a specific field.1

         An estimated 23.5 percent of the civilian labor force nationwide has an occupational license.2 Various
         governmental entities and agencies in Florida license and regulate such individuals practicing in a wide
         range of professions.3

         Department of Business and Professional Regulation

         The Florida Department of Business and Professional Regulation (DBPR), through 11 divisions,
         regulates and licenses businesses and professionals in Florida. 4

         The Division of Professions (Professions) licenses and regulates more than 434,000 professionals
         through the following professional boards and programs:
             • Board of Architecture and Interior Design,
             • Asbestos Licensing Unit,
             • Athlete Agents,
             • Board of Auctioneers,
             • Barbers’ Board,
             • Building Code Administrators and Inspectors Board,
             • Regulatory Council of Community Association Managers,
             • Construction Industry Licensing Board,
             • Board of Cosmetology,
             • Electrical Contractors’ Licensing Board,
             • Board of Employee Leasing Companies,
             • Home Inspectors,
             • Board of Landscape Architecture,
             • Mold-Related Services,
             • Board of Pilot Commissioners,
             • Board of Professional Geologists,
             • Talent Agencies,
             • Board of Veterinary Medicine, and
             • Florida Board of Professional Engineers.5

         The Division of Regulation is the enforcement authority for the Florida Athletic Commission, Farm Labor
         Program, Child Labor Program, and any professional boards and programs housed within Professions. 6



1 The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)

https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf (last visited on Jan. 20, 2024).
2 Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey, 2021 , Certification and licensing status of the

civilian noninstitutional population 16 years and over by employment status (bls.gov), (last visited on Jan. 20, 2024).
3 Chs. 20, 25, F.S.
4 S. 20.165, F.S.
5 Florida Department of Business and Professional Regulation, Division of Professions,

http://www.myfloridalicense.com/DBPR/division-of-pro fessions/ (last visited Jan. 21, 2024).
6 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
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DATE: 2/14/2024
        To ensure compliance with applicable laws and rules by those professions and related businesses, the
        division investigates complaints, utilizes compliance mechanisms, and performs inspections. 7

        The Division of Certified Public Accounting is responsible for the regulation of certified public
        accountants and accounting firms in the state.8

        The Division of Real Estate is responsible for the regulation of real estate sales associates, brokers,
        and appraisers, in conjunction with the Florida Real Estate Commission and the Florida Real Estate
        Appraisal Board.9

        DBPR may regulate professions “only for the preservation of the health, safety, and welfare of the
        public under the police powers of the state.” 10 Regulation is required when:
            The potential for harming or endangering public health, safety, and welfare is recognizable and
                outweighs any anticompetitive impact that may result;
            The public is not effectively protected by other state statutes, local ordinances, federal
                legislation, or other means; and
            Less restrictive means of regulation are not available. 11

        However, “neither the department nor any board may create a regulation that has an unreasonable
        effect on job creation or job retention,” or a regulation that unreasonably restricts the ability of those
        who desire to engage in a profession or occupation to find employment. 12

        In Fiscal Year 2022-2023, there were 950,380 active licensees regulated by the DBPR or a board
        within the department, including 39,336 active licensees in the Division of Certified Public Accounting,
        486,336 active licensees in the Division of Professions, and 67,827 active licensees under the Board of
        Professional Engineers.13

        Chapter 455

        Each profession is governed by an individual practice act and by Ch. 455, F.S., which provides the
        general powers of DBPR and sets forth the procedural and administrative framework for all of the
        professional boards housed under DBPR.14 Chapter 455, F.S., applies to the regulation of professions
        constituting “any activity, occupation, profession, or vocation regulated by DBPR in the Divisions of
        Certified Public Accounting, Professions, Real Estate, and Regulation.” 15

        License Portability

        For professional licenses granted by DBPR, a license by endorsement means a license that may be
        granted to an applicant based on their license and qualifications in another jurisdiction.

        Certain DBPR professional practice acts allow the applicable board to enter into rec iprocal licensing
        agreements with other states under certain circumstances. 16 DBPR or a board thereunder must enter


7 Florida Department of Business and Professional Regulation, Division of Regulation,

http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last visited Jan. 21, 2024).
8 S. 473.3035, F.S.; Florida Department of Business and Professional Regulation, Certified Public Accounting, Certified Public

Accounting – MyFloridaLicense.com (last visited Jan. 21, 2024).
9 S. 475.021, F.S.
10 S. 455.201(2), F.S.
11 S. 455.201(2), F.S.
12 S. 455.201(4)(b), F.S.
13 See Department of Business and Professional Regulation, Division of Professions, Division of Certified Public Accounting,

Division of Real Estate, and Division of Regulation, Annual Report, Fiscal Year 2022-2023, p. 18, available at
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2022 -23.pdf (last visited Jan. 21,
2024).
14 S. 455.203, F.S.
15 S. 455.01(6), F.S.
16 See Ss. 475.180 and 489.115(1)(c), F.S.
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DATE: 2/14/2024
           into a reciprocal licensing agreement with other states if the applicable practice act permits such
           agreement.17

           If a reciprocal licensing agreement exists, or if DBPR or a board has determined another state's
           licensing requirements or examinations to be substantially equivalent or more stringent to those under
           the practice act, DBPR or the board must post on its website which jurisdictions have such reciprocal
           licensing agreements or substantially similar licenses for a license by endorsement.18

           In 2023, 9,706 applications for a license by endorsement were approved, and 12 were denied. In 2022,
           11,429 applications for a license by endorsement were approved, and 91 were denied. In 2021, 11,743
           applications for a license by endorsement were approved, and 172 were denied. 19

           In 2020, an omnibus license deregulation bill20 was enacted, which instituted greater license portability
           measures for the following DBPR licenses:
                Veterinarians,
                Construction contractors,
                Electrical contractors,
                Landscape architects,
                Geologists,
                Professional engineers,
                Certified public accountants,
                Home inspectors,
                Building code professionals,
                Cosmetologists, and
                Barbers.

           Harbor Pilots

           Chapter 310, F.S., regulates the piloting of vessels utilizing the navigable waters of Florida in order that
           such resources, the environment, life, and property may be protected to the fullest extent possible. 21
           The Board of Pilot Commissioners is responsible for licensing and regulating pilots and determines the
           number of pilots in a port based on the supply and demand for piloting services and the public interest
           in maintaining efficient and safe piloting services.22

           Administrative Procedure Act

           Chapter 120, F.S., the Administrative Procedure Act, provides uniform procedures for state agencies ,
           including DBPR, including the conduct of rulemaking, implementing disciplinary actions, and the
           granting and denial of license applications. Section 120.60, F.S., provides the process for the granting
           or denial of license applications upon receipt of a license application.

           Related to determining if an application is complete:
               An agency must examine the application and, within 30 days after such receipt, notify the
                  applicant of any apparent errors or omissions and request any additional information the agency
                  is permitted by law to require.
               An agency may not deny a license because of an applicant’s failure to correct an error or
                  omission or to supply additional information unless the agency has timely notified the applicant
                  within this 30-day period.




17 S. 455.213,   F.S.
18 Id.
19 Email   from Chris Kingry, Deputy Legislative Affairs Director, DBPR, RE: Out -of-state applicants (Jan. 11, 2024).
20 Ch. 2020-125,  L.O.F.
21 S. 310.001, F.S.
22 S. 310.061, F.S.

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                   A license application is complete upon receipt by the agency of all requested information and
                    correction of any error or omission for which the applicant was timely notified or when the time
                    for such notification has expired.

         Related to approving or denying an application:
             An agency must approve or deny a license application within 90 days after receipt of a
                completed application unless a shorter period of time for agency action is provided by law.
                    o The 90-day time period is tolled by the initiation of a proceeding under ss. 120.569 and
                       120.57, F.S.23
             Any application for a license is considered approved unless the agency approves or denies the
                license within whichever of the following timeframes is latest and applicable:
                    o Within 90 day after receipt of a completed application,
                    o Within 15 days after conclusion of a public hearing held on the application, or
                    o Within 45 days after a recommended order is submitted to the agency and the parties.

         An agency is required to give a written notice, personally or by mail, that the agency intends to grant or
         deny, or has granted or denied, the application for license.

         The agency must follow the following process for issuing a notice of denial: 24
             The notice must state with particularity the grounds or basis for the issuance or denial of the
               license, except when issuance is a ministerial act.
             Unless waived by the applicant, a copy of the notice must be delivered or mailed to each party's
               attorney of record and to each person who has made a written request for notice of agency
               action.
             Each notice must inform the recipient of the basis for the agency decision, and inform the
               recipient of any administrative or judicial which may be available.
                   o The notice must indicate the procedures that must be followed, and state the applicable
                       time limits.
             The issuing agency must certify the date the notice was mailed or delivered, and the notice and
               the certification must be filed with the agency clerk.

         Effect of the Bill – Department of Business and Professional Regulation

         The bill amends Ch. 455, F.S., and therefore applies to licenses under the Divisions of Certified Public
         Accounting, Professions, Real Estate, and Regulation.

         Secretary Review

         The bill requires that, before the board, or DBPR if there is no board, may deny an application for
         licensure by reciprocity or by endorsement, the board, or DBPR is there is no board, to make a finding
         that the basis license in another jurisdiction is or is not substantially equivalent to or is otherwise
         insufficient for a license in Florida.

         The bill provides that if the board, or DBPR is there is no board, finds that that the basis license in
         another jurisdiction is not substantially equivalent to or is otherwise insufficient for a license in Florida
         and there are no other grounds to deny the application for licensure, within 7 business days of being
         notified of such finding the applicant may request that the finding be submitted to the secretary for
         review. Within 7 business days of receiving such request, the secretary must review the finding, and
         either agree or disagree with the finding. If the secretary agrees with the finding, the application for
         licensure may be denied. If the secretary disagrees with the finding, the application for licensure must


23 S. 120.569  F.S., provides the administrative process for all proceedings in which the substantial interests of a party are determined
by an agency, unless the parties are proceeding under the mediation process in s. 120.573, F.S., or the summary hearing proce ss in s.
120.574, F.S. Section 120.57, F.S., provides additional procedures for matters involving disputed issues of material fact before an
administrative law judge assigned by the Division of Administrative Hearings.
24 S. 120.60(3), F.S.
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        be approved unless other grounds for denial exist. The decision must be entered according to the
        secretary's finding, unless other grounds for denial exist.

        The bill requires, if the secretary finds that the requirements of a basis license in another jurisdiction are
        substantially equivalent to or are otherwise sufficient for a license in Florida, the board, or DBPR if
        there is no board, to make the same finding for similar applicants from the same jurisdiction, unless the
        requirements of the basis license change.

        The bill provides that the term "basis license" means the license or the licensure requirements of
        another jurisdiction which are used to meet the requirements for a license in Florida.

        License by Endorsement

        The bill provides that when endorsement based on years of licensure is not otherwise provided in the
        practice act for a profession, the board, or the DBPR if there is no board, must allow licensure by
        endorsement for any individual applying who:
            Has held a valid, current license to practice the profession issued by another state or territory of
                the United States for at least 5 years before the date of application and is applying for the same
                or similar license in Florida;
            Submits an application either when the license in another state or territory is active or within 2
                years after such license was last active;
            Has passed the recognized national licensing exam, if such exam is established as a
                requirement for licensure in the profession;
            Has no pending disciplinary actions and all sanctions of any prior disciplinary actions have been
                satisfied;
            Shows proof of compliance with any federal regulation, training, or certification, if the applicant's
                profession requires such proof, regarding licensure in the profession;
            Completes Florida-specific continuing education courses or passes a jurisprudential
                examination specific to the state laws and rules for the applicable profession as established by
                the board or DBPR, if required by the practice act; and
            Complies with any insurance or bonding requirements as required for the profession.

        The bill provides that if the applicant's profession requires, the applicant must submit a complete set of
        fingerprints to the Department of Law Enforcement (DLE) for a statewide criminal history check. The
        DLE must forward the fingerprints to the Federal Bureau of Investigation for a national criminal history
        check. The DBPR must, and the board may, review the results of the criminal history checks according
        to the level 2 screening standards in s. 435.04 and determine whether the applicant meets the
        licensure requirements. The costs of fingerprint processing are borne by the applicant. If the applicant's
        fingerprints are submitted through an authorized agency or vendor, the agency or vendor must collect
        the required processing fees and remit the fees to DLE.

        This provision does not apply to harbor pilots licensed under Ch. 310, F.S.

        Current Situation – Department of Health

        The term “health care workforce” means a health care professional working in health s ervice settings.
        Physicians and nurses make up the largest segments of the health care workforce. 25 The United States
        has a health care professional shortage. As of December 3, 2023, there are 8,544 Primary Care
        HPSAs, 7,651 Dental HPSAs, and 6,822 Mental Health HPSAs nationwide. To eliminate the shortages,
        an additional 17,637 primary care practitioners, 13,354 dentists, and 8,504 psychiatrists are needed,
        respectively.26


25 Spencer, Ph.D., M.PH., Emma, Division Director, Division of Public Health Statistics and Performance Management, The Department

of Health, Florida’s Physician and Nursing Workforce, presented in Florida Senate Health Policy Committee meeting Nov. 14, 2023,
published Nov. 15, 2023, (on file with the Select Committee on Health Innovation).
26 U.S. Department of Health and Human Services, Health Resources and Services Administration, Health Workforce Shortage Areas,

available at https://data.hrsa.gov/topics/health-workforce/shortage-areas (last visited January 8, 2024).
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DATE: 2/14/2024
         This shortage is predicted to continue into the foreseeable future and will likely worsen with the aging
         and the growth of the U.S. population27 and the expanded access to health care under the federal
         Affordable Care Act.28 Aging populations create a disproportionately higher health care demand due to
         seniors having a higher per capita consumption of health care services than younger populations. 29
         Additionally, as more individuals qualify for health care benefits, there will necessarily be a greater
         demand for more health care professionals to provide these services.

         Health Care Shortage Designations

         The federal Health Resources and Services Administration (HRSA) designates health care shortage
         areas in the United States. The two main types of health care shortage areas designated by the HRSA
         are Health Professional Shortage Areas (HPSA) and Medically Underserved Areas (MUA).

         Health Care Professional Shortage Areas

         A HPSA is a geographic area, population group, or health care facility that has been designated by the
         HRSA as having a shortage of health professionals. There are three categories of HPSA: primary care,
         dental health, and mental health.30

         HPSAs can be designated as geographic areas; areas with a specific group of people such as low-
         income populations, homeless populations, and migrant farmworker populations; or as a specific facility
         that serves a population or geographic area with a shortage of providers. 31 As of September 30, 2023,
         there are 304 primary care HPSAs, 266 dental HPSAs, and 228 mental health HPSAs designated
         within the state. It would take 1,803 primary care physicians, 1,317 dentists, and 587 psychiatrists to
         eliminate these shortage areas.32

         Each HPSA is given a score by the HRSA indicating the severity of the shortage in that area,
         population, or facility. The scores for primary care and mental health HPSAs can be between 0 and 25
         and between 0 and 26 for dental health HPSAs, with a higher score indicating a more severe
         shortage.33

         Primary Care HPSAs

         Below is a map of primary care HPSAs in Florida with their associated HPSA scores. 34
                                                                             18



                                                                   ...
                                                                  • 14    ,s •
                                                                  14         18 2; .
27 The U.S. population is expected to increase by 79 million people by 2060, 1
                                                                            and average of 1.8 million people each year between 2017
                                                                             •
and 2060. See U.S. Census Bureau, Demographic Turning Points for the U.S.; 1Population Projections for 2020 to 2060 (February
2020), available at https://www.census.gov/content/dam/Census/library/publications/2020/demo/p25 -1144.pdf (last visited January 8,
2024).
28 Association of American Medical Colleges, The Complexities of Physician Supply and Demand: Projections from 2019 to 2034, (June

2021), available at https://www.aamc.org/media/54681/download (last visited January 8, 2024).
29 The nation’s 65-and-older population is projected to nearly double in size in coming decades, from 49 million in 2016 to 95 million

people in 2060. See: U.S. Census Bureau, U.S. and World Population Clock     •                •
                                                                             • , available
                                                                                     • 16e at https://www.census.gov/popclock/, and U.S.
Census Bureau, U.S. Population Projected to Begin Declining in Second Half of•Century (Nov. 9, 2023), available at
https://www.census.gov/newsroom/press-releases/2023/population-projections.html 14
                                                                                    •19 15 (both sites last vis ited January 8, 2024).
30
   Health Professional Shortage Areas (HPSAs) and Your Site, National Health Service   •• • Corps, available at
                                                                                •      •
https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/workforce-shortage-areas/nhsc-hpsas-practice-sites.pdf,
                                                                                        •                                            (last visited
                                                                                  9
January 8, 2024).                                                                        1•     14 •              lo
31 What is a Shortage Designation?, HRSA, available at                               •
                                                         https://bhw.hrsa.gov/workforce-shortage-areas/shortage-designation#hpsas,
(last visited January 8, 2024).
                                                                                               •       10
                                                                                            17
32 Bureau of Health Workforce, Health Resources and Services Administration (HRSA), U.S.
                                                                                         •        • 15Department of Health and Human
Services, Designated Health Professional Shortage Areas Statistics, Fourth QuarterSof12Fiscal Year 2023 (Sept. 30, 2023), available at
                                                                                                 •
https://data.hrsa.gov/topics/health-workforce/health-workforce-shortage-areas?hmpgtile=hmpg-hlth-srvcs
               ® Primary Care Facility HPSAs                                                                         (last visited January 8, 2024).
To generate the report, select “Designated HPSA Quarterly Summary.”
33 Scoring Shortage Designations, HRSA, available at https://bhw.hrsa.gov/workforce-shortage-areas/shortage-designation/scoring,
                                                                                                              ,ml
(last visited ®
              January
                  Primary8, Care
                             2024).
                                 Area HPSAs (HPSA
34 The three maps      were generated with HRSAs map tool, available at https://data.hrsa.gov/maps/map-tool/, (last visited January 8,
                  Score)
2024).          11111t 1s and above
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DATE: 2/14/202411111a 14 17
                    1 13
                                                                                       •
       Mental Health HPSAs

       Below is a map of mental health HPSAs in Florida with their associated HPSA scores.

        ,-- - - -- -- - - - --.-,. •             20
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                                                                                   17
                                                                               •        • 18
                                                                                               16
                                                                             16 1 18
                                                                                                    I piny
          ® Mental Health Facility HPSAs                                                •
              •                                                                                16
                                                                                                    ml

          ®       Mental Health Area HPSAs
                  (HPSA Score)
                     18 and above

              •      14 17

                     1 13
                                                                      16 •



       Dental HPSAs

       Below is a map of dental health HPSAs in Florida with their associated HPSA scores.




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DATE: 2/14/2024
                                                                18
                                                       19
                                                  19




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                                                 •
                                                               ..•
                                                               •,s
                                                           •
                                                       8   •         ••        •
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                                                                      • •
                                                                     •1'JI 15
                                                                         •• •
                                                                          •
                                                                              20 .
                                                                           11
                                                                      •
                                                                                   •
                                                                              18
                                                                          •
          @   Dental Health Facility Hf'SAs



          @   Dental Health Area HPSAs (HPSA _
              Score)
                 18 26

                 14 17

                 1 13




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DATE: 2/14/2024
         Medically Underserved Areas

         MUAs identify an area with a lack of primary care access. MUAs have a shortage of primary care health
         services within geographic areas such as:
             A whole county
             A group of neighboring counties
             A group of urban census tracts
             A group of county or civil divisions.35

         Below is a map of the MUAs in Florida.




                                                                                                         ngs




            ® Medically Underserved Areas
                   Medically
                   Undcrscrvcd Arca

                   Medically
               ~ Underserved Arca
                   Governor's Exception




35 Health Professional Shortage Areas (HPSAs) and Your Site, National Health Service Corps, available at

https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/workforce-shortage-areas/nhsc-hpsas-practice-sites.pdf, (last visited
January 8, 2024).
STORAGE NAME: pcs1273.COM                                                                                                       PAGE: 10
DATE: 2/14/2024
         The Florida Physician Workforce

         In 2020, there were 286.5 physicians actively practicing per 100,000 population in the United States. 36
         There were 94,925 total allopathic and osteopathic physicians with an active license in Florida. 37 Of
         these active physicians, 79,045 or 83.27 percent renewed their medical licenses from July 1, 2021–
         June 30, 2023, and responded to the statutorily required workforce survey. The DOH used that survey
         in preparation of the 2023 Physician Workforce Annual Report, which made the following findings
         regarding the adequacy of Florida’s physician work force providing direct patient care to Floridians:
              Of these physicians, there were 56,769 or 72 percent provide direct patient care. Those who
                 renewed during this survey cycle and responded to the survey, were 87.97 percent allopathic
                 physicians and 12.03 percent osteopathic physicians;
              Statewide, 35.82 percent of Florida’s 67 counties have a per capita rate of 10 or fewer
                 physicians per 10,000 population;
              The physician work force survey showed that 98.11 percent of physicians work in urban
                 counties while 1.89 percent work in Florida’s 31 rural counties. In all of the rural counties, at
                 least 20 percent of physicians are primary care providers;
              Among physicians, 34.17 percent or 19,396 are age 60 and older;
              For physicians under age 40, the percentage of female physicians is 46.21 percent;

         The top three specialty groups for physicians providing direct patient care in Florida are:
             Internal medicine (28.11 percent or 15,724);
             Family medicine (14.64 percent or 8,191); and
             Pediatrics (7.89 percent or 4,413);
             Primary care physicians account for 31.63 percent of physicians providing direct patient care;
             77.45 percent or 40,132 of physicians practice in an office setting and 20.17 percent or 10,451
                practice in a hospital;
             75.28 percent of physicians report they accept patients with Medicare;
             64.13 percent of physicians report they accept patients with Medicaid;
             A total of 9.56 percent or 5,429 of physicians providing direct patient care plan to retire in the
                next five years; and
             Just over 2 percent or 1,181 of physicians practice in Florida’s rural counties. 38

         IHS Markit Report – Physician Supply and Demand Deficit

         In 2021, HIS Markit prepared a report for the Safety Net Hospital Alliance of Florida and the Florida
         Hospital Association that examined Florida’s statewide and regional physician workforce with
         projections on workforce changes out to 2035.39 Between 2019 and 2035, the report estimates that
         while physician supply will increase by six percent overall and by three percent to four percent for
         primary care, the demand for physician services in Florida will grow by 27 percent. 40 While there is
         already supply and demand deficits for physician services (estimated by 2019 numbers to be at 1,977
         for primary care and 1,650 for non-primary care), the significant growth in the demand for physician
         services that may outpace the growth in the physician workforce over the next decade is estimated to
         create a shortfall of 7,872 in primary care physicians by 2035 and an overall decline in the adequacy for
         all non-primary care specialties from 95 percent in 2019 to 77 percent in 2035. 41




36 Association of American Medical Colleges, The Complexities of Physician Supply and Demand: Projections from 2019 to 2034, (June

2021), prepared for the AAMC by HIS, Ltd., p. viii, available at https://www.aamc.org/media/54681/download (last visited January 8,
2024). This includes both allopathic and osteopathic physicians.
37 Department of Health, 2023 Florida Physician Workforce Annual Report, Nov. 1, 2023, available at

https://www.floridahealth.gov/provider-and-partner-resources/community-health-workers/HealthResourcesandAccess/physician-
workforce-development-and-recruitment/2023DOHPhysicianWorkforceAnnualReport-FINAL.pdf (last visited January 8, 2024).
38 Id.
39 Florida Statewide and Regional Physician Workforce Analysis: 2019 to 2035: 2021 Update to Projections of Supply and Demand
40 Id. at V.
41 Id. at VI

STORAGE NAME: pcs1273.COM                                                                                                     PAGE: 11
DATE: 2/14/2024
          The following chart details the estimated supply and demand deficits by physician specialty in 2035: 42


                                s12ecial!J:
               Primary Care
                Traditional Primary Care
                    Family Medicine
                    General Interna l
                    Medicine                                          6,917                            7,797                                -881                              89%
                    Pediatric Med cine                                3,824                            3,870                                 -46                              99%
                    Getiatric Medic·ne                                  437                            1,097                                -660                              40%
                 Emergency Medicine                                   2,776                            4,295                              -1,519                              65%
                 General Surgery                                      2,228                            2,111                                 117                             106%
                O IJstetrics & Gynecology                             2,457                            2,954                                -497                              83%
               Non-Primary Care                                     33,959                           44,011                             -10,052                               77 %
                Allergy & Immunology                                    276                              284                                   -7                             97%
                Anesthesiology                                        3,164                            3,818                                -654                              83%
                 Card ology                                           2,644                            3,276                                -632                              8 1%
                 Colorectal Surgery                                     164                              234                                 -70                              70%
                 Dermatology                                          1,111                            1,044                                  67                             106%
                 Endocrinology                                          587                              834                                -247                              70%
                 Gastroenterology                                     1,284                            1,486                                -202                              86%
                 Hema ology & Oncology                                1,654                            2,091                                -437                              79%
                 Hospital Me<f cine                                   1,993                            3,427                              -1,434                              58%
                 Infectious Diseases                                    429                            1,167                                -737                              37%
                 Neonatology                                            367                              454                                 -87                              8 1%
                 Nephrology                                             758                            1,2n                                 -5 14                             60%
                 Neurological Surgery                                   458                              570                                -112                              80%
                 Neurology                                            1,485                            1,314                                 170                             113%
                 Optnthal mology                                      1,676                            1,731                                  -55                             97%
                Orthopedic Surgery                                    1,75 1                           1,961                                -209                              89%
                 other Specialties                                    1,063                            3,223                              -2, 160                             33%
                 otolal"jTlgology                                       850                              771                                   79                            110%
                 Pathology                                            1,834                            1,605                                  228                            114%
                 Physical! Medicine &
                 Rehabilitation                                         832                            1,313                                -481                               63%
                 Plastic Surgery                                        602                              849                                -247                               7 1%
                 Psychiauy                                            2,037                            3,267                              -1,230                               62%
                 PUlmono logy & Critical
                 Care                                                 1,150                           1,798                                 -648                              64%
                 Radiaton Oncology                                      511                             7 15                                -204                              7 1%
                 Radiology                                            3,623                           2,979                                  644                             122%
                 Rtneumatology                                          446                             560                                 -114                              80%
                Thoracic Su rgery                                       329                             453                                 -124                              73%
                 Urology                                                572                           1,030                                 -459                              55%
                Vascular Surgery                                        308                             485                                 -176                              64%
               Florida r otal
               Stuc•~ : IHS M:!llffl
                                                                    56,859                           74 784                             -17924                                76%
                                                                                                                                                                              0 >1121     ......
               M:fi~ •· Oenufld          ~ ~ e d e n 31Dn,3'l i:tmlemr.af hmtn:a!1! u~ .~rn:l detNerf 11PP IC-!:l to r = c ~ tn Flon~-3ndo;:r.lro :Qrcr~e:i cter:'.'~cl!: eMie"i:t~l!!lee,
               he;Stt, ~l l:lehmlor", ihei31th Im~                       .~.mes
                                                       ;Sid l'IO!Z~ lno:me.. II            ,Qkllbedl ,>1!. ~~ dvkledl trr d e ~ i3fld lndt:~ ~ ~ ~ ~.ffl:::loe-r.t !Jo pnJll'lde, II I~ d c~
               cm~ ~ w:th. lhr: rJ.!Ucr--"31 ,!l'~ge n 2!11i..



          The Florida Nursing Workforce

          During the 2020-2021, license renewal cycle, Florida was home to 441,361 active nursing licenses
          made up of 69,511 LPN; 326,669 RN; and 45,181 APRN licenses. Licensees held either single-state or
          multi-state licenses. Multi-state licenses made up 19.6 percent of LPN licenses, 22.2 percent of RN
          licenses, and 16.9 percent of APRN licenses. There were 366,235 nurses in Florida (83 percent) that
          responded to the FCN Nursing Workforce Survey.43

          The median ages of nurses was 46 for RNs, 48 for LPNs, and 45 for APRNs. The table below provides
          a comparison of the ages of the LPNs, RNs, and APRNs that make up Florida’s nursing workforce to
          the U.S. nursing workforce and state and U.S. census data. 44

                                                                    FL                       FL                     FL                      FL                            .s.                               United
                                       Age                                                                                                                                                     Florida
                                                                  LPNs                     RNs                 APRNs                         RSE                    URSE                                     tates

                            29 or younger                        12.5%                    14.8%                   5.2%                   11 .2%                      10.9%                         33.7%    38.3%
                            30- 39                               21.8%                   24.3%                   31.5%                   24.6%                      24.2%                          12.9%    13.6%
42 Id. at 10
                            40-49                                22.2%                   20.6%                   27.8%
43 Florida Center for Nursing, The State of the Nursing Workforce in Florida, 2023, Tampa, Fl., prepared by Rayna M. Letourneau, PhD,    2 1.5%                     21.8%                          12.1 %   12.4%
RN, E.D., available at
                   50- 59               22.3%       20.3%     21.1 %       21. 1%      21.4%      13.3%      12.9%
https://www.flcenterfornursing.org/DesktopModules/Bring2mind/DMX/API/Entries/Download?Command=Core_Download&EntryId=195
7&PortalId=0&TabId=151 (last visited January 8, 2024).
44 Id.             60 or older          21.1 %      20.1 %     14.4%       2 1.6%      21.7%      27.9%      22.8%
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DATE: 2/14/2024
         The Florida Department of Economic Opportunity develops a College Projections Report that includes
         the Fastest Growing Occupations between 2020 and 2028. APRN is the fastest growing profession.
         The report also includes the Occupations gaining the most new jobs between 2020 and 2028, and RNs
         are number seven.45 The number of jobs for LPNs in Florida decreased by 12.19 percent between 2012
         and 2021,46 but LPN jobs have a projected growth of 5,197 jobs (12.6 percent) from 2022-2030 with a
         total of 31,747 job openings over the eight-year period.47

         There were 45,181 APRNs licensed on Florida as of the 2020-2021 license renewal. Of those 7,691 (17
         percent) are Autonomous APRNs. Thirty for percent of APRNs work in physician’s offices while most
         autonomous APRNs practice in the area of adult and family health (50.1 percent).48

         Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act

         Heath Care Practitioner Licensure and Regulation

         The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
         regulatory authority over health care practitioners.49 The MQA works in conjunction with 22 boards and
         four councils to license and regulate seven types of health care facilities and more than 40 health care
         professions.50 Each profession is regulated by an individual practice act and by ch. 456, F.S., which
         provides general regulatory and licensure authority for the MQA.

         The self-stated purpose of the MQA is to protect health care consumers. 51 Regulation of health care
         licensure broadly aids the consumer in differentiating the trained from the untrained and enhancing
         public health initiatives.52 Through licensure regulation, the state is able to establish a minimum
         standard of education and experience necessary for a person to practice a particular profession and
         ensure a minimum standard of care through enforcement mechanisms which may result in action
         against a professional’s license.53

         The MQA is statutorily responsible for the following boards and professions established within the
         division:54
              The Board of Acupuncture, created under ch. 457, F.S.;
              The Board of Medicine, created under ch. 458, F.S.;
              The Board of Osteopathic Medicine, created under ch. 459, F.S.;
              The Board of Chiropractic Medicine, created under ch. 460, F.S.;

45 The Department of Economic Opportunity, Bureau of Workforce Statistics and Economic Research, 2020 - 2028 Employment

Projections, updated Feb. 9, 2021, 2020 - 2028 College Projections Report, available at
https://lmsresources.labormarketinfo.com/college_projections/index.html (last visited January 8, 2024).
46 Florida Center for Nursing, The State of the Nursing Workforce in Florida, 2023, Tampa, Fl., prepared by Rayna M. Letourneau, PhD,

RN, E.D., available at
https://www.flcenterfornursing.org/DesktopModules/Bring2mind/DMX/API/Entries/Download?Command=Core_Download&EntryId=195
7&PortalId=0&TabId=151 (last visited January 8, 2024).
47 Florida Commerce, Bureau of Workforce Statistics and Economic Research, Occupational Data Search, 29-2061 Licensed Practical

or Vocational Nurses, available at https://floridajobs.org/economic-data/employment-projections/occupational-data-search (last visited
January 8, 2024).
48 Florida Center for Nursing, Florida Autonomous Practice 2020-2021, available at

https://www.flcenterfornursing.org/DesktopModules/Bring2mind/DMX/API/Entries/Download?Command=Core_Download&EntryId=197
5&PortalId=0&TabId=151 (last visited January 8, 2024).
49
   Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include acupuncturists, physicians , physician assistants,
chiropractors, podiatrists, naturopaths, dentists, dental hygienists, optometrists, nurses, nursing assistants, pharmacists, midwives,
speech language pathologists, nursing home administrators, occupational therapists, respiratory therapists, dieticians, athletic trainers,
orthotists, prosthetists, electrologists, massage therapists, clinical laboratory personnel, medical physicists, dispensers o f optical
devices or hearing aids, physical therapists, psychologists, social workers, co unselors, and psychotherapists, among others.
50 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2022-2023.

Available at https://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/annual-reports.html (last visited January 8,
2024)
51 Id.
52 Adams, T.L. (2020). Health professional regulation in historical context: Canada, the USA and the UK (19th century to present). Hum

Resour Health 18, 72. https://doi.org/10.1186/s12960-020-00501-y
53 Section 456.072(2), F.S.; see also, supra note 50.
54 Section 456.001(4), F.S; see also supra note 50.

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                 The Board of Podiatric Medicine, created under ch. 461, F.S.;
                 Naturopathy, as provided under ch. 462, F.S.;
                 The Board of Optometry, created under ch. 463, F.S.;
                 The Board of Nursing, created under part I of ch. 464, F.S.;
                 Nursing assistants, as provided under part II of ch. 464, F.S.;
                 The Board of Pharmacy, created under ch. 465, F.S.;
                 The Board of Dentistry, created under ch. 466, F.S.;
                 Midwifery, as provided under ch. 467, F.S.;
                 The Board of Speech-Language Pathology and Audiology, created under part I of ch. 468, F.S.;
                 The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
                 The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
                 Respiratory therapy, as provided under part V of ch. 468, F.S.;
                 Dietetics and nutrition practice, as provided under part X of ch. 468, F.S.;
                 The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
                 The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
                 Electrolysis, as provided under ch. 478, F.S.;
                 The Board of Massage Therapy, created under ch. 480, F.S.;
                 The Board of Clinical Laboratory Personnel, created under part III of ch. 483, F.S.;
                 Medical physicists, as provided under part IV of ch. 483, F.S.;
                 The Board of Opticianry, created under part I of ch. 484, F.S.;
                 The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
                 The Board of Physical Therapy Practice, created under ch. 486, F.S.;
                 The Board of Psychology, created under ch. 490, F.S.;
                 School psychologists, as provided under ch. 490, F.S.;
                 The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
                  Counseling, created under ch. 491, F.S.; and
                 Emergency medical technicians and paramedics, as provided under part III of ch. 401, F.S.

         DOH and the practitioner boards have different roles in the regulatory system. Boards establish practice
         standards by rule, pursuant to statutory authority and directives. DOH receives and investigates
         complaints about practitioners, and prosecutes cases for disciplinary action against practitioners. 55 The
         boards determine the course of action and any disciplinary action to take against a practitioner. 56 For
         professions in which there is no board, DOH determines the action and discipline to take against a
         practitioner and issues the final orders.57 DOH is responsible for ensuring that licensees comply with
         the terms and penalties imposed by the boards.58

         Pathways to Licensure

         Licensure by examination is the most common pathway for individuals seeking initial licensure,
         particularly among health care professionals educated and trained in Florida. The requirements to
         qualify for licensure by examination are specified in each profession’s respective practice act and vary
         based on professional standards. However, licensure by examination generally requires, at a minimum,
         the following from applicants:
              Completion of an approved59 educational program;
              Completion of an approved60 licensure or certification examination with a passing score; and
              Submission of an application approved by DOH in conjunction with an application fee.

55 S. 456.072(2), F.S.
56 S. 456.072(2), F.S.
57 Id. Professions which do not have a board include naturopathy, nursing assistants, midwifery, respiratory therapy, dietetics an d

nutrition, electrolysis, medical physicists, and school psychologists.
58 Department of Health, Prosecution Services. Available at http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-

complaint-process/psu.html (last visited January 8, 2024).
59 The requirements for “approval” of an educational program or examination vary by profession; some practice acts outline speci fic

qualifications such as accreditation with a national board, while others grant the relevant regulatory board discretion in determining such
requirements.
60 Id.

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DATE: 2/14/2024
        Licensure by endorsement is the most common alternative to licensure by examination. Licensure by
        endorsement is an expedited licensure process which allows a health care professional to become
        licensed in one state based upon holding a substantially equivalent health care professional license in
        another state.

        Currently, only 20 of the health care professions regulated by DOH and the boards authorize licensure
        by endorsement.61
                   Professions With Licensure by                        Professions Without Licensure by
                                                                                                                            Even
                             Endorsement                                           Endorsement
                              Acupuncturist                                 Anesthesiologist Assistant
                       Allopathic Physician (MD)                                   Athletic Trainer
                               Audiologist                                           Chiropractor
                   Certified Nursing Assistant (CNA)                       Clinical Laboratory Personnel
                      Mental Health Professions                                   Dental Hygienist
                                 Dietitian                                             Dentist
                               Electrologist                                      EMT/Paramedic
                       Licensed Practical Nurse                                  Genetic Counselor
                           Massage Therapist                                   Hearing Aid Specialist
                                Midwifery                                         Medical Physicist
                      Nursing Home Administrator                                     Optometrist
                         Occupational Therapist                                       Optician
                               Pharmacist                                     Orthotist and Prosthetist
                           Physical Therapist                               Osteopathic Physician (DO)
                      Physical Therapist Assistant                               Physician Assistant
                              Psychologist                                            Podiatrist
                          Radiation Technician                           Registered Pharmacy Technician
                     Registered Nurse (RN/APRN)
                          Respiratory Therapist
                     Speech-Language Pathologist
        amongst the professions which allow licensure by endorsement there are no standard requirements.
        Rather, requirements to obtain licensure by endorsement vary greatly by profession. For example,
        some professions require that the applicant submit to a background screening,62 have a certain amount
        of prior practice experience,63 or pass an exam on Florida rules and laws relevant to the profession 64.

        From FY 18-19 to FY 22-23 DOH approved 136,533 licenses by endorsement. 65 During that time DOH
        reduced the average business days to issue such licenses from 2.5 days to 1.4 days. 66

      Fiscal Year       Total Licenses by Endorsement                        Avg Business Days to Issue License
      FY18-19                                                     21,492                                                2.495


61 Email from Jennifer Wenhold, Division of Medical Quality Assurance Director, Florida Department of Health, RE: End orsement Info,

July 13, 2023. On file with the Health and Human Services Committee.
62 Allopathic Physicians, Certified Nursing Assistants, Licensed Practice Nurses, Registered Nurses, and Massage Therapists.
63 Allopathic Physicians, Mental Health Professionals, Licensed Practical Nurses, Registered Nurses, Nursing Home Administrators,

Pharmacists, and Psychologists.
64 Mental Health Professions, Licensed Practical Nurses, Registered Nurses, Nursing Home Administrators, Pharmacists,

Psychologists, and Radiology Technicians.
65 Correspondence from Department of Health to Health and Human Services Committee staff dated 8/11/23 on file with the Health a nd

Human Services Staff.
66 Id.

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DATE: 2/14/2024
       FY19-20                                                     21,841                                               2.091
       FY20-21                                                     29,258                                               1.450
       FY21-22                                                     36,073                                               1.380
       FY22-23                                                     27,869                                               1.379
       Overall                                                    136,533                                               1.672

         In FY 2022-23 DOH approved 27,869 applications for licensure by endorsement for the various
         professions listed below.67


                                                                                     Registered Nurse - 14,346

                                                                             ■       Medical Doctor - 4,008

                                                                             ■       Licensed Practical Nurse - 1,684

                                                                             ■       RadiologicTechnology - 1,615
                                                                                     Other Professions - 1,530

                                                                             ■ Registered Respi ratory Therapist - 1,051
                                                                             ■ Occupational Therapist - 979
                                                                             ■ Dietetics/Nutrit ionist - 852
                                                                             ■       Massage Therapist - 731

                                                                             ■       Pharmacist - 579

                                                                             ■ Licensed Clinical Social Worker - 494
         Licensure Fees

         Health care practitioner regulation is typically funded through fees paid during the licensure process.
         Current law expressly states that all costs of regulating health care professions and practitioners are to
         be borne solely by licensees and licensure applicants. 68 Such fees should be reasonable and not serve
         as a barrier to licensure.

         Section 456.025(3), F.S., directs the regulatory boards, or DOH if there is no board, to establish by rule
         license fee amounts for the profession it regulates and ensure that such fees are adequate to cover all
         anticipated expenses relating to the board and maintain a reasonable cash balance. Fees are to be
         based upon long-range estimates prepared by the Department of the Revenue required to implement
         laws relating to the regulation of professions by the department and the board.

         Current law specifies that licensure renewal fees established by rule must be: 69
             Based on revenue projections prepared using generally accepted accounting procedures;
             Adequate to cover all expenses relating to that board identified in the department’s long-range
                policy plan;
             Reasonable, fair, and not serve as a barrier to licensure;
             Based on potential earnings from working under the scope of the license; and
             Similar to fees imposed on similar licensure types.

         The fees may not be more than 10 percent greater than the actual cost to regulate that profession for
         the previous biennium.

67 Florida Department of Health presentation to the Health Care Regulation Subcommittee on November 16, 2023.
68 S. 456.025, F.S.
69 S. 456.025(1), FS. Such fees are subject to challenge pursuant to Ch. 120, F.S.

STORAGE NAME: pcs1273.COM                                                                                                  PAGE: 16
DATE: 2/14/2024
         Effect of the Bill – Department of Health

         The bill repeals existing licensure by endorsement statutes and establishes a single standardized
         process for licensure by endorsement for all health care professions regulated by DOH, not just the 20
         that currently allow it. The bill requires applicants seeking licensure by endorsement to submit an
         application and meet the following requirements:
             o Hold an active, unencumbered license with a similar scope of practice 70 in a US jurisdiction;
             o Have obtained a passing score on a national licensure examination or national certification, if
                 the profession requires such;
             o Have actively practiced the profession for two of the last four years;
             o Attest that they are not currently subject to a disciplinary hearing for any offense related to the
                 profession for which they are applying for licensure in any US jurisdiction, nor has had
                 disciplinary action taken against their license in the five years preceding application;
             o Meet the financial responsibility requirements of s. 456.048 or the applicable practice act, if
                 required for the profession for which the applicant is seeking licensure; and
             o Submit a set of fingerprints for a background screening pursuant to s. 456.0135, if required for
                 the profession for which he or she is applying.
                 Under the bill, a person is ineligible for licensure under this section if they:
              Have a complaint, allegation, or investigation pending before a licensing entity in another state,
                 the District of Columbia, or a possession or territory of the United States;
              Have been convicted of or pled nolo contendere to, regardless of adjudication, any felony or
                 misdemeanor related to the practice of a health care profession;
              Have had a health care provider license revoked or suspended from another of the United
                 States, the District of Columbia, or a United States territory or has voluntarily surrendered any
                 such license;
              Have been reported to the National Practitioner Data Bank, unless the applicant has
                 successfully appealed to have his or her name removed from the data bank; or
              Have previously failed the Florida examination required to receive a license to practice the
                 profession for which the applicant is seeking a license.

         The bill gives the regulatory boards, or DOH if there is no board, the authority to revoke a license
         issued under this section upon a finding that the individual provided false or misleading material
         information in an application for licensure.

         The bill requires that the regulatory board, or DOH if there is no board, issue a license to a qualified
         applicant within 7 days after receipt of all required documentation for the application.

         The bill authorizes the regulatory board, or DOH if there is no board, to require the applicant complete a
         jurisprudence exam specific to Florida state laws and rules as a condition of licensure if such an exam
         is required by Ch. 456, F.S., or the relevant practice act.

         The bill requires DOH and the boards to comply with the licensure fee requirements of s. 456.025, F.S.

         The bill allows DOH to continue to process applications for licensure by endorsement under existing
         law until the earlier of the board or DOH adopting rules to implement the provisions of this bill or 6
         months.

         The bill requires DOH submit an annual report to the Governor, the President of the Senate, and the
         Speaker of the House, providing the following information:
             The number of applications for licensure received under this section, distinguished by
                 profession.
             The number of licenses issued under this section.


70 The bill defines “scope of practice” to mean the full spectrum of functions, procedures, actions, and services that a health care

practitioner is deemed competent and authorized to perform under a license.
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              The number of applications submitted under this section which were denied and the reason for
               such denials.
              The number of complaints, investigations, or other disciplinary actions taken against health care
               practitioners who are licensed under this section.

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


   B. SECTION DIRECTORY:
       Section 1:     Amending s. 455.213, F.S., relating to review of certain applications.
       Section 2:     Creates s. 455.2135, F.S., relating license by endorsement.
       Section 3:     Creates s. 456.0145, F.S., relating to Mobile Opportunity by Interstate Licensure
                      Endorsement (MOBILE) Act.
       Section 4:     Amends s. 457.105, F.S., relating to licensure qualifications and fees.
       Section 5:     Amends s. 458.313, F.S., relating to licensure by endorsement; requirements; fees.
       Section 6:     Amends s. 464.009, F.S., relating to licensure by endorsement.
       Section 7:     Amends s. 464.203, F.S., relating to certified nursing assistants.
       Section 8:     Amends s. 465.0075, F.S., relating to licensure by endorsement; requirements; fee.
       Section 9:     Amends s. 467.0125, F.S., relating to licensed midwives; qualifications; endorsement;
                      temporary certificates.
       Section 10:    Amends s. 468.1185, F.S., relating to licensure.
       Section 11:    Amends s. 468.1705, F.S., relating to licensure by endorsement; temporary license.
       Section 12:    Repeals s. 468.213, F.S., relating to licensure by endorsement.
       Section 13:    Amends s. 468.513, F.S., relating dietician/nutritionist licensure by endorsement.
       Section 14:    Amends s. 478.47, F.S., relating to licensure by endorsement.
       Section 15:    Amends s. 480.041, F.S., relating to massage therapists; qualifications; licensure
                      endorsement.
       Section 16:    Amends s. 484.007, F.S., relating to licensure of opticians.
       Section 17:    Amends s. 486.081, F.S., relating to physical therapist.
       Section 18:    Amends s. 486.107, F.S., relating to physical therapist assistant.
       Section 19:    Amends s. 490.006, F.S., relating to licensure by endorsement.
       Section 20:    Amends s. 491.006, F.S., relating to licensure or certifications by endorsement.
       Section 21:    Amends s. 468.209, F.S., relating to requirements for licensure.
       Section 22:    Amends s. 486.031, F.S. relating to physical therapist licensing requirements.
       Section 23:    Amends s. 486.102, F.S. relating to physical therapist assistant licensing requirements.
       Section 24:    Creates an unnumbered section of law.
       Section 25:    Provides an effective date.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           See Fiscal Comments

       2. Expenditures:
           See Fiscal Comments

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.
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    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         Out-of-state professionals seeking to work in the state may be eligible under the additional
         pathways created by the bill to obtain a license to work in specified occupations and professions in
         Florida. Thus, the state may see an increase in the number of available professionals to hire.

    D. FISCAL COMMENTS:
        The bill will have a significant, negative fiscal impact on DOH. DOH estimates that it will require 9 FTEs
        to implement the provisions of this bill.71 The total estimated cost for to DOH to implement is
        $1,346,032 in the following categories:

        Annual Estimated Cost
        Salary and Benefits - $972,813/Recurring
        Expenses - $128,358/Recurring + $59,931/Non-Recurring
        Contracted Services - $181,692
        Human Resources - $3,238/Recurring

                                                        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:
         DBPR and DOH will need to amend rules relating to procedures for applications for licenses by
         reciprocity and endorsement.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                             IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




71 Department of Health, Agency Bill Analysis for SB 1600, dated January 12, 2024.

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           PCS for CS/HB 1273                                                                                   2024




    1                                         A bill to be entitled
    2              An act relating to reciprocity or endorsement of
    3              licensure; amending s. 455.213, F.S.; providing
    4              requirements for the applicable board, or the
    5              Department of Business and Professional Regulation if
    6              there is no board, relating to licensure by
    7              reciprocity and by endorsement; defining the term
    8              "basis license"; creating s. 455.2135, F.S.; requiring
    9              the respective boards of occupations, or the
10                 Department of Business and Professional Regulation if
11                 there is no board, to allow licensure by endorsement
12                 if the applicant meets certain criteria; requiring
13                 applicants of professions that require fingerprints
14                 for criminal history checks to submit such
15                 fingerprints before the board or department issues a
16                 license by endorsement; requiring the department, and
17                 authorizing the board, to review the results of the
18                 criminal history checks according to specific criteria
19                 to determine if the applicants meet the requirements
20                 for licensure; requiring that the costs associated
21                 with fingerprint processing be borne by the applicant;
22                 if fingerprints are submitted through an authorized
23                 agency or vendor, requiring such agency or vendor to
24                 collect the processing fees and remit them to the
25                 Department of Law Enforcement; providing an exemption;

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        PCS for CS/HB 1273                                                                                   2024




26              creating s. 456.0145, F.S.; providing a short title;
27              requiring the applicable health care regulatory
28              boards, or the Department of Health if there is no
29              board, to issue a license or certificate to applicants
30              who meet specified conditions; defining the term
31              "scope of practice"; requiring the department to
32              verify certain information using the National
33              Practitioner Data Bank, as applicable; specifying
34              circumstances under which a person is ineligible for a
35              license; authorizing boards or the department, as
36              applicable, to revoke a license upon a specified
37              finding; requiring boards or the department, as
38              applicable, to issue licenses within a specified
39              timeframe; authorizing boards or the department, as
40              applicable, to require that applicants successfully
41              complete a jurisprudential examination under certain
42              circumstances; requiring the department to submit an
43              annual report to the Governor and the Legislature by a
44              specified date; providing requirements for the report;
45              requiring the boards and the department, as
46              applicable, to adopt certain rules within a specified
47              timeframe; amending ss. 457.105, 458.313, 464.009,
48              464.203, 465.0075, 467.0125, 468.1185, 468.1705,
49              468.213, 468.513, 478.47, 480.041, 484.007, 486.081,
50              486.107, 490.006, and 491.006, F.S.; revising

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        PCS for CS/HB 1273                                                                                   2024




51              licensure by endorsement requirements for the practice
52              of acupuncture, medicine, professional or practical
53              nursing, certified nursing assistants, pharmacy,
54              midwifery, speech-language pathology and audiology,
55              nursing home administration, occupational therapy,
56              dietetics and nutrition, electrology, massage therapy,
57              opticianry, physical therapy, physical therapist
58              assistantship, psychology and school psychology, and
59              clinical social work, marriage and family therapy, and
60              mental health counseling, respectively; amending ss.
61              486.031 and 486.102, F.S.; conforming provisions to
62              changes made by the act; authorizing the boards and
63              the Department of Health, as applicable, to continue
64              processing applications for licensure by endorsement,
65              as authorized under the Florida Statutes (2023), for a
66              specified timeframe; providing an effective date.
67
68      Be It Enacted by the Legislature of the State of Florida:
69
70              Section 1.         Subsection (15) of section 455.213, Florida
71      Statutes, is renumbered as subsection (16), and a new subsection
72      (15) is added to that section to read:
73              455.213       General licensing provisions.—
74              (15)(a)       Before the board, or the department if there is no
75      board, may deny an application for licensure by reciprocity or

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         PCS for CS/HB 1273                                                                                   2024




 76      by endorsement, the board, or the department is there is no
 77      board, must make a finding that the basis license in another
 78      jurisdiction is or is not substantially equivalent to or is
 79      otherwise insufficient for a license in this state.
 80              (b)         If the board, or the department is there is no board,
 81      finds that that the basis license in another jurisdiction is not
 82      substantially equivalent to or is otherwise insufficient for a
 83      license in this state and there are no other grounds to deny the
 84      application for licensure, within 7 business days of being
 85      notified of such finding the applicant may request that the
 86      finding be submitted to the secretary for review. Within 7
 87      business days of receiving such request, the secretary must
 88      review the finding, and either agree or disagree with the
 89      finding. If the secretay agrees with the finding, the
 90      application for licensure may be denied. If the secretary
 91      disagrees with the finding, the application for licensure must
 92      be approved unless other grounds for denial exist. The decision
 93      must be entered according to the secretary's finding, unless
 94      other grounds for denial exists.
 95              (c)         If the secretary finds that the requirements of a
 96      basis license in another jurisdiction are substantially
 97      equivalent to or are otherwise sufficient for a license in this
 98      state, the board, or the department if there is no board, must
 99      make the same finding for similar applicants from the same
100      jurisdiction, unless the requirements of the basis license

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         PCS for CS/HB 1273                                                                                   2024




101      change.
102              (d)         As used in this subsection, the term "basis license"
103      means the license or the licensure requirements of another
104      jurisdiction which are used to meet the requirements for a
105      license in this state.
106              Section 2.           Section 1.       Section 455.2135, Florida Statutes,
107      is created to read:
108              455.2135           Interstate mobility.—
109              (1)         When endorsement based on years of licensure is not
110      otherwise provided by law in the practice act for a profession,
111      the board, or the department if there is no board, shall allow
112      licensure by endorsement for any individual applying who:
113              (a)         Has held a valid, current license to practice the
114      profession issued by another state or territory of the United
115      States for at least 5 years before the date of application and
116      is applying for the same or similar license in this state;
117              (b)         Submits an application either when the license in
118      another state or territory is active or within 2 years after
119      such license was last active;
120              (c)         Has passed the recognized national licensing exam, if
121      such exam is established as a requirement for licensure in the
122      profession;
123              (d)         Has no pending disciplinary actions and all sanctions
124      of any prior disciplinary actions have been satisfied;
125              (e)         Shows proof of compliance with any federal regulation,

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         PCS for CS/HB 1273                                                                                   2024




126      training, or certification, if the applicant's profession
127      requires such proof, regarding licensure in the profession;
128              (f)         Completes Florida-specific continuing education
129      courses or passes a jurisprudential examination specific to the
130      state laws and rules for the applicable profession as
131      established by the board or department, if required by the
132      practice act; and
133              (g)         Complies with any insurance or bonding requirements as
134      required for the profession.
135              (2)         If the applicant's profession requires, the applicant
136      must submit a complete set of fingerprints to the Department of
137      Law Enforcement for a statewide criminal history check. The
138      Department of Law Enforcement shall forward the fingerprints to
139      the Federal Bureau of Investigation for a national criminal
140      history check. The department shall, and the board may, review
141      the results of the criminal history checks according to the
142      level 2 screening standards in s. 435.04 and determine whether
143      the applicant meets the licensure requirements. The costs of
144      fingerprint processing are borne by the applicant. If the
145      applicant's fingerprints are submitted through an authorized
146      agency or vendor, the agency or vendor must collect the required
147      processing fees and remit the fees to the Department of Law
148      Enforcement.
149              (3)         This section does not apply to harbor pilots licensed
150      under chapter 310.

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         PCS for CS/HB 1273                                                                                   2024




151              Section 3.          Section 456.0145, Florida Statutes, is created
152      to read:
153              456.0145           Mobile Opportunity by Interstate Licensure
154      Endorsement (MOBILE) Act.—
155              (1)         SHORT TITLE.—This section may be cited as the "Mobile
156      Opportunity by Interstate Licensure Endorsement Act" or the
157      "MOBILE Act."
158              (2)         LICENSURE BY ENDORSEMENT.—
159              (a)         An applicable board, or the department if there is no
160      board, shall issue a license to practice in this state to an
161      applicant who:
162              1.      Submits a complete application.
163              2.      Holds an active, unencumbered license issued by another
164      state, the District of Columbia, or a possession or territory of
165      the United States in a profession with a similar scope of
166      practice, as determined by the board or department, as
167      applicable. "Scope of practice" means the full spectrum of
168      functions, procedures, actions, and services that a health care
169      practitioner is deemed competent and authorized to perform under
170      a license issued in this state.
171              3.      Has obtained a passing score on a national licensure
172      examination, or national certification, as applicable, for which
173      profession the applicant is seeking licensure in this state, or
174      meets the requirements of paragraph (b).
175              4.      Has actively practiced the profession for which the

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         PCS for CS/HB 1273                                                                                   2024




176      applicant is applying for at least 2 of the 4 years preceding
177      the date of submission of the application.
178              5.      Attests that he or she is not, at the time of
179      submission of the application, the subject of a disciplinary
180      proceeding in a jurisdiction in which he or she holds a license
181      or by the United States Department of Defense for reasons
182      related to the practice of the profession for which he or she is
183      applying.
184              6.      Has not had disciplinary action taken against him or
185      her in the 5 years preceding the date of submission of the
186      application
187              7.      Meets the financial responsibility requirements of s.
188      456.048 or the applicable practice act, if required for the
189      profession for which the applicant is seeking licensure.
190              8.      Submits a set of fingerprints for a background
191      screening pursuant to s. 456.0135, if required for the
192      profession for which he or she is applying.
193
194      The department shall verify information submitted by the
195      applicant under this subsection using the National Practitioner
196      Data Bank.
197              (b)         An applicant for a profession that does not require a
198      national examination or national certification is eligible for
199      licensure if an applicable board or the department determines
200      that the jurisdiction in which the applicant currently holds an

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         PCS for CS/HB 1273                                                                                   2024




201      active, unencumbered license meets established minimum education
202      requirements and, if applicable, examination, work experience,
203      and clinical supervision requirements that are substantially
204      similar to the requirements for licensure in that profession in
205      this state.
206              (c)         An applicant is ineligible for a license pursuant to
207      this section if he or she:
208              1.      Has a complaint, allegation, or investigation pending
209      before a licensing entity in another state, the District of
210      Columbia, or a possession or territory of the United States;
211              2.      Has been convicted of or pled nolo contendere to,
212      regardless of adjudication, any felony or misdemeanor related to
213      the practice of a health care profession;
214              3.      Has had a health care provider license revoked or
215      suspended in another state of the United States, the District of
216      Columbia, or a United States territory or has voluntarily
217      surrendered any such license in lieu of having discipliniary
218      action taken against the license; or
219              4.      Has been reported to the National Practitioner Data
220      Bank, unless the applicant has successfully appealed to have his
221      or her name removed from the data bank.
222              (d)         The board, or the department if there is no board, may
223      revoke a license upon finding that the applicant provided false
224      or misleading material information or intentionally omitted
225      material information in an application for licensure.

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         PCS for CS/HB 1273                                                                                   2024




226              (e)         The board, or the department if there is no board,
227      shall issue a license to a qualified applicant within 7 days
228      after receipt of all required documentation for an application.
229              (f)         The board, or the department if there is no board,
230      shall comply with the requirements of s. 456.025.
231              (3)         STATE EXAMINATION.—The board, or the department if
232      there is no board, may require the applicant to successfully
233      complete a jurisprudential examination specific to relevant
234      state laws that regulate the profession, if this chapter or the
235      applicable practice act requires such examination.
236              (4)         ANNUAL REPORT.—By December 31 of each year, the
237      department shall submit to the Governor, the President of the
238      Senate, and the Speaker of the House of Representatives a report
239      that provides all of the following information for the previous
240      fiscal year:
241              (a)         The number of applications for licensure or
242      certification received under this section, distinguished by
243      profession.
244              (b)         The number of licenses or certifications issued under
245      this section.
246              (c)         The number of applications submitted under this
247      section which were denied and the reason for such denials.
248              (d)         The number of complaints, investigations, or other
249      disciplinary actions taken against health care practitioners who
250      are licensed or certified under this section.

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         PCS for CS/HB 1273                                                                                   2024




251              (5)         RULES.—By December 1, 2024, each applicable board, or
252      the department if there is no board, shall adopt rules to
253      implement this section.
254              Section 4.         Subsection (2) of section 457.105, Florida
255      Statutes, is amended to read:
256              457.105        Licensure qualifications and fees.—
257              (2)         A person may become licensed to practice acupuncture
258      if the person applies to the department and:
259              (c)         Has successfully completed a board-approved national
260      certification process, meets the requirements for licensure by
261      endorsement under s. 456.0145 is actively licensed in a state
262      that has examination requirements that are substantially
263      equivalent to or more stringent than those of this state , or
264      passes an examination administered by the department, which
265      examination tests the applicant's competency and knowledge of
266      the practice of acupuncture and oriental medicine. At the
267      request of any applicant, oriental nomenclature for the points
268      shall be used in the examination. The examination shall include
269      a practical examination of the knowledge and skills required to
270      practice modern and traditional acupuncture and oriental
271      medicine, covering diagnostic and treatment techniques and
272      procedures; and
273              Section 5.         Section 458.313, Florida Statutes, is amende d
274      to read:
275              458.313        Licensure by endorsement; requirements; fees.—

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         PCS for CS/HB 1273                                                                                   2024




276              (1)         The department shall issue a license by endorsement to
277      any applicant who, upon applying to the department on forms
278      furnished by the department and remitting a fee set by the board
279      not to exceed $500, the board certifies has met the requirements
280      for licensure by endorsement in s. 456.0145.:
281              (a)         Has met the qualifications for licensure in s.
282      458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
283              (b)         Prior to January 1, 2000, has obtained a passing
284      score, as established by rule of the board, on the licensure
285      examination of the Federation of State Medical Boards of the
286      United States, Inc. (FLEX), on the United States Medical
287      Licensing Examination (USMLE), or on the examination of the
288      National Board of Medical Examiners, or on a combination
289      thereof, and on or after January 1, 2000, has obtained a passing
290      score on the United States Medical Licensing Examination
291      (USMLE); and
292              (c)         Has submitted evidence of the active licensed practice
293      of medicine in another jurisdiction, for at least 2 of the
294      immediately preceding 4 years, or evidence of successful
295      completion of either a board-approved postgraduate training
296      program within 2 years preceding filing of an application or a
297      board-approved clinical competency examination within the year
298      preceding the filing of an application for licensure. For
299      purposes of this paragraph, "active licensed practice of
300      medicine" means that practice of medicine by physicians,

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         PCS for CS/HB 1273                                                                                   2024




301      including those employed by any governmental entity in community
302      or public health, as defined by this chapter, medical directors
303      under s. 641.495(11) who are practicing medicine, and those on
304      the active teaching faculty of an accredited medical school.
305              (2)         The board may require an applicant for licensure by
306      endorsement to take and pass the appropriate licensure
307      examination prior to certifying the applicant as eligible for
308      licensure.
309              (3)         The department and the board shall ensure that
310      applicants for licensure by endorsement meet applicable criteria
311      in this chapter through an investigative process. When the
312      investigative process is not completed within the time set out
313      in s. 120.60(1) and the department or board has reason to
314      believe that the applicant does not meet the criteria, the State
315      Surgeon General or the State Surgeon General's designee may
316      issue a 90-day licensure delay which shall be in writing and
317      sufficient to notify the applicant of the reason for the delay.
318      The provisions of this subsection shall control over any
319      conflicting provisions of s. 120.60(1).
320              (4)         The board may promulgate rules and regulations, to be
321      applied on a uniform and consistent basis, which may be
322      necessary to carry out the provisions of this section.
323              (5)         Upon certification by the board, the department shall
324      impose conditions, limitations, or restrictions on a license by
325      endorsement if the applicant is on probation in another

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         PCS for CS/HB 1273                                                                                   2024




326      jurisdiction for an act which would constitute a violation of
327      this chapter.
328              (6)         The department shall not issue a license by
329      endorsement to any applicant who is under investigation in any
330      jurisdiction for an act or offense which would constitute a
331      violation of this chapter until such time as the investigation
332      is complete, at which time the provisions of s. 458.331 shall
333      apply. Furthermore, the department may not issue an unrestricted
334      license to any individual who has committed any act or offense
335      in any jurisdiction which would constitute the basis for
336      disciplining a physician pursuant to s. 458.331. When the board
337      finds that an individual has committed an act or offense in any
338      jurisdiction which would constitute the basis for disciplining a
339      physician pursuant to s. 458.331, the board may enter an order
340      imposing one or more of the terms set forth in subsection (7).
341              (7)         When the board determines that any applicant for
342      licensure by endorsement has failed to meet, to the board's
343      satisfaction, each of the appropriate requirements set forth in
344      this section, it may enter an order requiring one or more of the
345      following terms:
346              (a)         Refusal to certify to the department an application
347      for licensure, certification, or registration;
348              (b)         Certification to the department of an application for
349      licensure, certification, or registration with restrictions on
350      the scope of practice of the licensee; or

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         PCS for CS/HB 1273                                                                                   2024




351              (c)         Certification to the department of an application for
352      licensure, certification, or registration with placement of the
353      physician on probation for a period of time and subject to such
354      conditions as the board may specify, including, but not limited
355      to, requiring the physician to submit to treatment, attend
356      continuing education courses, submit to reexamination, or work
357      under the supervision of another physician.
358              Section 6.         Section 464.009, Florida Statutes, is amended
359      to read:
360              464.009        Licensure by endorsement.—
361              (1)         The department shall issue the appropriate license by
362      endorsement to practice professional or practical nursing to an
363      applicant who, upon applying to the department and remitting a
364      fee set by the board not to exceed $100, demonstrates t o the
365      board that he or she meets the requirements for licensure by
366      endorsement in s. 456.0145.:
367              (a)         Holds a valid license to practice professional or
368      practical nursing in another state or territory of the United
369      States, provided that, when the applicant secured his or her
370      original license, the requirements for licensure were
371      substantially equivalent to or more stringent than those
372      existing in Florida at that time;
373              (b)         Meets the qualifications for licensure in s. 464.008
374      and has successfully completed a state, regional, or national
375      examination which is substantially equivalent to or more

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         PCS for CS/HB 1273                                                                                   2024




376      stringent than the examination given by the department; or
377              (c)         Has actively practiced nursing in another state,
378      jurisdiction, or territory of the United States for 2 of the
379      preceding 3 years without having his or her license acted
380      against by the licensing authority of any jurisdiction.
381      Applicants who become licensed pursuant to this paragraph must
382      complete within 6 months after licensure a Florida laws and
383      rules course that is approved by the board. Once the department
384      has received the results of the national criminal history check
385      and has determined that the applicant has no crimin al history,
386      the appropriate license by endorsement shall be issued to the
387      applicant.
388              (2)         Such examinations and requirements from other states
389      and territories of the United States shall be presumed to be
390      substantially equivalent to or more stringent than those in this
391      state. Such presumption shall not arise until January 1, 1980.
392      However, the board may, by rule, specify states and territories
393      the examinations and requirements of which shall not be presumed
394      to be substantially equivalent to those of this state.
395              (3)         An applicant for licensure by endorsement who is
396      relocating to this state pursuant to his or her military -
397      connected spouse's official military orders and who is licensed
398      in another state that is a member of the Nurse Licensure Compact
399      shall be deemed to have satisfied the requirements of subsection
400      (1) and shall be issued a license by endorsement upon submission

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         PCS for CS/HB 1273                                                                                   2024




401      of the appropriate application and fees and completion of the
402      criminal background check required under subsection (4).
403              (4)         The applicant must submit to the department a set of
404      fingerprints on a form and under procedures specified by the
405      department, along with a payment in an amount equal to the costs
406      incurred by the Department of Health for the criminal background
407      check of the applicant. The Department of Health shall submit
408      the fingerprints provided by the applicant to the Florida
409      Department of Law Enforcement for a statewide criminal history
410      check, and the Florida Department of Law Enforcement shall
411      forward the fingerprints to the Federal Bureau of Investigation
412      for a national criminal history check of the applicant. The
413      Department of Health shall review the results of the criminal
414      history check, issue a license to an applicant who has met all
415      of the other requirements for licensure and has no criminal
416      history, and shall refer all applicants with criminal histories
417      back to the board for determination as to whether a license
418      should be issued and under what conditions.
419              (5)         The department shall not issue a license by
420      endorsement to any applicant who is under investigation in
421      another state, jurisdiction, or territory of the United States
422      for an act which would constitute a violation of this part or
423      chapter 456 until such time as the investigation is complete, at
424      which time the provisions of s. 464.018 shall apply.
425              (6)         The department shall develop an electronic applicant

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         PCS for CS/HB 1273                                                                                   2024




426      notification process and provide electronic notification when
427      the application has been received and when background screenings
428      have been completed, and shall issue a license within 30 days
429      after completion of all required data collection and
430      verification. This 30-day period to issue a license shall be
431      tolled if the applicant must appear before the board due to
432      information provided on the application or obtained through
433      screening and data collection and verification procedures.
434              (7)         A person holding an active multistate license in
435      another state pursuant to s. 464.0095 is exempt from the
436      requirements for licensure by endorsement in this section.
437              Section 7.         Paragraph (c) of subsection (1) of section
438      464.203, Florida Statutes, is amended to read:
439              464.203        Certified nursing assistants; certification
440      requirement.—
441              (1)         The board shall issue a certificate to practice as a
442      certified nursing assistant to any person who demonstrat es a
443      minimum competency to read and write and successfully passes the
444      required background screening pursuant to s. 400.215. If the
445      person has successfully passed the required background screening
446      pursuant to s. 400.215 or s. 408.809 within 90 days before
447      applying for a certificate to practice and the person's
448      background screening results are not retained in the
449      clearinghouse created under s. 435.12, the board shall waive the
450      requirement that the applicant successfully pass an additional

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         PCS for CS/HB 1273                                                                                   2024




451      background screening pursuant to s. 400.215. The person must
452      also meet one of the following requirements:
453              (c)         Has been deemed by the board as eligible for licensure
454      by endorsement pursuant to s. 456.0145 Is currently certified in
455      another state or territory of the United States or in the
456      District of Columbia; is listed on that jurisdiction's certified
457      nursing assistant registry; and has not been found to have
458      committed abuse, neglect, or exploitation in that jurisdiction.
459              Section 8.          Section 465.0075, Florida Statutes, is amended
460      to read:
461              465.0075           Licensure by endorsement; requirements; fee.—
462              (1)         The department shall issue a license by endorsement to
463      any applicant who applies to the department and remits a
464      nonrefundable fee of not more than $100, as set by the board,
465      and whom the board certifies has met the requirements for
466      licensure by endorsement in s. 456.0145.:
467              (a)         Has met the qualifications for licensure in s.
468      465.007(1)(b) and (c);
469              (b)         Has obtained a passing score, as established by rule
470      of the board, on the licensure examination of the National
471      Association of Boards of Pharmacy or a similar nationally
472      recognized examination, if the board certifies that the
473      applicant has taken the required examination;
474              (c)1.        Has submitted evidence of the active licensed
475      practice of pharmacy, including practice in community or public

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         PCS for CS/HB 1273                                                                                   2024




476      health by persons employed by a governmental entity, in another
477      jurisdiction for at least 2 of the immediately preceding 5 years
478      or evidence of successful completion of board-approved
479      postgraduate training or a board-approved clinical competency
480      examination within the year immediately preceding application
481      for licensure; or
482              2.      Has completed an internship meeting the requirements of
483      s. 465.007(1)(c) within the 2 years immediately preceding
484      application; and
485              (d)         Has obtained a passing score on the pharmacy
486      jurisprudence portions of the licensure examination, as required
487      by board rule.
488              (2)         An applicant licensed in another state for a period in
489      excess of 2 years from the date of application for licen sure in
490      this state shall submit a total of at least 30 hours of board -
491      approved continuing education for the 2 calendar years
492      immediately preceding application.
493              (3)         The department may not issue a license by endorsement
494      to any applicant who is under investigation in any jurisdiction
495      for an act or offense that would constitute a violation of this
496      chapter until the investigation is complete, at which time the
497      provisions of s. 465.016 apply.
498              (4)         The department may not issue a license by endorsement
499      to any applicant whose license to practice pharmacy has been
500      suspended or revoked in another state or who is currently the

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         PCS for CS/HB 1273                                                                                   2024




501      subject of any disciplinary proceeding in another state.
502              Section 9.          Subsection (1) of section 467.0125, Florida
503      Statutes, is amended to read:
504              467.0125           Licensed midwives; qualifications; endorsement;
505      temporary certificates.—
506              (1)         The department shall issue a license by endorsement to
507      practice midwifery to an applicant who, upon applying to the
508      department, demonstrates to the department that she or he meets
509      all of the requirements for licensure by endorsement in s.
510      456.0145 and submits following criteria:
511              (a)         Holds an active, unencumbered license to practice
512      midwifery in another state, jurisdiction, or territory, provided
513      the licensing requirements of that state, jurisdiction, or
514      territory at the time the license was issued were substantially
515      equivalent to or exceeded those established under this chapter
516      and the rules adopted hereunder.
517              (b)         Has successfully completed a prelicensure cou rse
518      conducted by an accredited and approved midwifery program.
519              (c)         Submits an application for licensure on a form
520      approved by the department and pays the appropriate fee.
521              Section 10.             Subsections (3) and (4) of section 468.1185,
522      Florida Statutes, are amended to read:
523              468.1185           Licensure.—
524              (3)         The board shall certify as qualified for a license by
525      endorsement as a speech-language pathologist or audiologist an

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         PCS for CS/HB 1273                                                                                   2024




526      applicant who:
527              (a)         Holds a valid license or certificate in another state
528      or territory of the United States to practice the profession for
529      which the application for licensure is made, if the criteria for
530      issuance of such license were substantially equivalent to or
531      more stringent than the licensure criteria which existed in this
532      state at the time the license was issued; or
533              (b)         Holds a valid certificate of clinical competence of
534      the American Speech-Language and Hearing Association or board
535      certification in audiology from the American Board of Audiology.
536              (4)         The board may refuse to certify any applicant who is
537      under investigation in any jurisdiction for an act which would
538      constitute a violation of this part or chapter 456 until the
539      investigation is complete and disciplinary proceedings have been
540      terminated.
541              Section 11.             Subsection (4) of section 468.1705, Florida
542      Statutes, is renumbered as subsection (3) and subsections (1),
543      (2), and (3) of that section are amended, to read:
544              468.1705           Licensure by endorsement; temporary license.—
545              (1)         The department shall issue a license by endorsement to
546      any applicant who, upon applying to the department and remitting
547      a fee set by the board not to exceed $500, demonstrates to the
548      board that he or she meets the requirements for licensure by
549      endorsement in s. 456.0145:
550              (a)         Meets one of the following requirements:

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         PCS for CS/HB 1273                                                                                   2024




551              1.      Holds a valid active license to practice nursing home
552      administration in another state of the United States, provided
553      that the current requirements for licensure in that state are
554      substantially equivalent to, or more stringent than, current
555      requirements in this state; or
556              2.      Meets the qualifications for licensure in s. 468.1695;
557      and
558              (b)1.        Has successfully completed a national examination
559      which is substantially equivalent to, or more stringent than,
560      the examination given by the department;
561              2.      Has passed an examination on the laws and rules of this
562      state governing the administration of nursing homes; and
563              3.      Has worked as a fully licensed nursing home
564      administrator for 2 years within the 5-year period immediately
565      preceding the application by endorsement.
566              (2)         National examinations for licensure as a nursing home
567      administrator shall be presumed to be substantially equivalent
568      to, or more stringent than, the examination and requirements in
569      this state, unless found otherwise by rule of the board .
570              (2)(3)        The department may shall not issue a license by
571      endorsement or a temporary license to any applicant who is under
572      investigation in this or another state for any act which would
573      constitute a violation of this part until such time as the
574      investigation is complete and disciplinary proceedings have been
575      terminated.

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         PCS for CS/HB 1273                                                                                   2024




576              Section 12.            Section 468.213, Florida Statutes, is
577      repealed.
578              Section 13.            Section 468.513, Florida Statutes, is amended
579      to read:
580              468.513        Dietitian/nutritionist; licensure by endorsement. —
581              (1)         The department shall issue a license to practice
582      dietetics and nutrition by endorsement to any applicant who
583      meets the requirements for licensure by endorsement under s.
584      456.0145 the board certifies as qualified, upon receipt of a
585      completed application and the fee specified in s. 468.508.
586              (2)         The board shall certify as qualified for licensure by
587      endorsement under this section any applicant who:
588              (a)         Presents evidence satisfactory to the board that he or
589      she is a registered dietitian; or
590              (b)         Holds a valid license to practice dietetics or
591      nutrition issued by another state, district, or territory of the
592      United States, if the criteria for issuance of such license are
593      determined by the board to be substantially equivalent to or
594      more stringent than those of this state.
595              (3)         The department shall not issue a license by
596      endorsement under this section to any applicant who is under
597      investigation in any jurisdiction for any act which would
598      constitute a violation of this part or chapter 456 until such
599      time as the investigation is complete and disciplinary
600      proceedings have been terminated.

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         PCS for CS/HB 1273                                                                                   2024




601              Section 14.            Section 478.47, Florida Statutes, is amended
602      to read:
603              478.47        Licensure by endorsement.—The department shall
604      issue a license by endorsement to any applicant who, upon
605      submitting submits an application and the required fees as set
606      forth in s. 478.55, demonstrates to the board that he or she
607      meets the requirements for licensure by endorsement under s.
608      456.0145 and who holds an active license or other authority to
609      practice electrology in a jurisdiction whose licensure
610      requirements are determined by the board to be equivalent to the
611      requirements for licensure in this state.
612              Section 15.            Paragraph (c) of subsection (5) of section
613      480.041, Florida Statutes, is amended to read:
614              480.041        Massage therapists; qualifications; licensure;
615      endorsement.—
616              (5)         The board shall adopt rules:
617              (c)         Specifying licensing procedures for practitioners
618      desiring to be licensed in this state who meet the requirements
619      for licensure by endorsement under s. 456.0145 or hold an active
620      license and have practiced in any other state, territory, or
621      jurisdiction of the United States or any foreign national
622      jurisdiction which has licensing standards substantially similar
623      to, equivalent to, or more stringent than the standards of this
624      state.
625              Section 16.            Present subsections (3) and (4) of section

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         PCS for CS/HB 1273                                                                                   2024




626      484.007, Florida Statutes, are redesignated as subsections (4)
627      and (5), respectively, a new subsection (3) is added to that
628      section, and subsection (1) of that section is amended, to read:
629              484.007        Licensure of opticians; permitting of optical
630      establishments.—
631              (1)         Any person desiring to practice opticianry shall apply
632      to the department, upon forms prescribed by it, to take a
633      licensure examination. The department shall examine each
634      applicant who the board certifies meets all of the following
635      criteria:
636              (a)         Has completed the application form and remitted a
637      nonrefundable application fee set by the board, in the amount of
638      $100 or less, and an examination fee set by the board, in the
639      amount of $325 plus the actual per applicant cost to the
640      department for purchase of portions of the examination from the
641      American Board of Opticianry or a similar national organization,
642      or less, and refundable if the board finds the applicant
643      ineligible to take the examination.;
644              (b)         Is not younger less than 18 years of age.;
645              (c)         Is a graduate of an accredited high school or
646      possesses a certificate of equivalency of a high school
647      education.; and
648              (d)1.        Has received an associate degree, or its equivalent,
649      in opticianry from an educational institution the curriculum of
650      which is accredited by an accrediting agency recognized and

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         PCS for CS/HB 1273                                                                                   2024




651      approved by the United States Department of Education or the
652      Council on Postsecondary Education or approved by the board;
653              2.      Is an individual licensed to practice the profession of
654      opticianry pursuant to a regulatory licensing law of another
655      state, territory, or jurisdiction of the United States, who has
656      actively practiced in such other state, territory, or
657      jurisdiction for more than 3 years immediately preceding
658      application, and who meets the examination qualifications as
659      provided in this subsection;
660              3.      Is an individual who has actively practiced in another
661      state, territory, or jurisdiction of the United States for more
662      than 5 years immediately preceding application and who provides
663      tax or business records, affidavits, or other satisfactory
664      documentation of such practice and who meets the examination
665      qualifications as provided in this subsection; or
666              2.4.        Has registered as an apprentice with the department
667      and paid a registration fee not to exceed $60, as set by rule of
668      the board. The apprentice shall complete 6,240 hours of training
669      under the supervision of an optician licensed in this state for
670      at least 1 year or of a physician or optometrist licensed under
671      the laws of this state. These requirements must be met within 5
672      years after the date of registration. However, any time spent in
673      a recognized school may be considered as part of the
674      apprenticeship program provided herein. The board may establish
675      administrative processing fees sufficient to cover the cost of

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         PCS for CS/HB 1273                                                                                    2024




676      administering apprentice rules as promulgated by the board.
677              (3)         The board shall certify to the department for
678      licensure by endorsement any applicant who meets the
679      requirements for licensure by endorsement under s. 456.0145.
680              Section 17.            Section 486.081, Florida Statutes, is amended
681      to read:
682              486.081        Physical therapist; endorsement; issuance of
683      license without examination to person passing examination of
684      another authorized examining board; fee.—
685              (1)         The board may          cause a license by endorsement to be
686      issued through the department without examination to any
687      applicant who presents evidence satisfactory to the board of
688      meeting the requirements for licensure by endorsement in s.
689      456.0145 having passed the American Registry Examination prior
690      to 1971 or an examination in physical therapy before a similar
691      lawfully authorized examining board of another state, the
692      District of Columbia, a territory, or a foreign country, if the
693      standards for licensure in physical therapy in such other state,
694      district, territory, or foreign country are determined by the
695      board to be as high as those of this state, as established by
696      rules adopted pursuant to this chapter. Any person who holds a
697      license pursuant to this section may use the words "physical
698      therapist" or "physiotherapist" or the letters "P.T." in
699      connection with her or his name or place of business to denote
700      her or his licensure hereunder. A person who holds a license

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         PCS for CS/HB 1273                                                                                   2024




701      pursuant to this section and obtains a doctoral degree in
702      physical therapy may use the letters "D.P.T." and "P.T." A
703      physical therapist who holds a degree of Doctor of Physical
704      Therapy may not use the title "doctor" without also clearl y
705      informing the public of his or her profession as a physical
706      therapist.
707              (2)         At the time of making application for licensure by
708      endorsement under without examination pursuant to the terms of
709      this section, the applicant shall pay to the department a fee
710      not to exceed $175 as fixed by the board, no part of which will
711      be returned.
712              Section 18.            Section 486.107, Florida Statutes, is amended
713      to read:
714              486.107        Physical therapist assistant; issuance of license
715      by endorsement without examination to person licensed in another
716      jurisdiction; fee.—
717              (1)         The board may cause a license by endorsement to be
718      issued through the department without examination to any
719      applicant who presents evidence to the board, under oath, of
720      meeting the requirements for licensure by endorsement under s.
721      456.0145 licensure in another state, the District of Columbia,
722      or a territory, if the standards for registering as a physical
723      therapist assistant or licensing of a physical therapist
724      assistant, as the case may be, in such other state are
725      determined by the board to be as high as those of this state, as

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         PCS for CS/HB 1273                                                                                   2024




726      established by rules adopted pursuant to this chapter . Any
727      person who holds a license pursuant to this section may use the
728      words "physical therapist assistant," or the letters "P.T.A.,"
729      in connection with her or his name to denote licensure
730      hereunder.
731              (2)         At the time of making application for licensure by
732      endorsement under licensing without examination pursuant to the
733      terms of this section, the applicant shall pay to the department
734      a nonrefundable fee set by the board in an amount not to exceed
735      $175 as fixed by the board, no part of which will be returned .
736              Section 19.            Subsections (1), (2), and (3) of section
737      490.006, Florida Statutes, are amended to read:
738              490.006        Licensure by endorsement.—
739              (1)         The department shall license a person as a
740      psychologist or school psychologist who, upon applying to the
741      department and remitting the appropriate fee, demonstrates to
742      the department or, in the case of psychologists, to the board
743      that the applicant meets the requirements for licensure by
744      endorsement under s. 456.0145:
745              (a)         Is a diplomate in good standing with the American
746      Board of Professional Psychology, Inc.; or
747              (b)         Possesses a doctoral degree in psychology and has at
748      least 10 years of experience as a licensed psychologist in any
749      jurisdiction or territory of the United States within the 25
750      years preceding the date of application.

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         PCS for CS/HB 1273                                                                                   2024




751              (2)         In addition to meeting the requirements for licensure
752      set forth in subsection (1), an applicant must pass that portion
753      of the psychology or school psychology licensure examinations
754      pertaining to the laws and rules related to the practice of
755      psychology or school psychology in this state before the
756      department may issue a license to the applicant.
757              (3)         The department shall not issue a license by
758      endorsement to any applicant who is under investigation in this
759      or another jurisdiction for an act which would constitute a
760      violation of this chapter until such time as the investigation
761      is complete, at which time the provisions of s. 490.009 shall
762      apply.
763              Section 20.            Subsections (1) and (2) of section 491.006,
764      Florida Statutes, are amended to read:
765              491.006        Licensure or certification by endorsement. —
766              (1)         The department shall license or grant a certificate to
767      a person in a profession regulated by this chapter who, upon
768      applying to the department and remitting the appropriate fee,
769      demonstrates to the board that he or she meets the requirements
770      for licensure by endorsement under s. 456.0145:
771              (a)         Has demonstrated, in a manner designated by rule of
772      the board, knowledge of the laws and rules governing the
773      practice of clinical social work, marriage and family therapy,
774      and mental health counseling.
775              (b)1.        Holds an active valid license to practice and has

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         PCS for CS/HB 1273                                                                                   2024




776      actively practiced the licensed profession in another state for
777      3 of the last 5 years immediately preceding licensure;
778              2.      Has passed a substantially equivalent licensing
779      examination in another state or has passed the licensure
780      examination in this state in the profession for which the
781      applicant seeks licensure; and
782              3.      Holds a license in good standing, is not under
783      investigation for an act that would constitute a violation of
784      this chapter, and has not been found to have committed any act
785      that would constitute a violation of this chapter.
786              (2)         The fees paid by any applicant for certification as a
787      master social worker under this section are nonrefundable.
788              (2)         The department shall not issue a license or
789      certificate by endorsement to any applicant who is under
790      investigation in this or another jurisdiction for an act which
791      would constitute a violation of this chapter until such time as
792      the investigation is complete, at which time the provisions of
793      s. 491.009 shall apply.
794              Section 21.            Subsection (3) of section 468.209, Florida
795      Statutes, is amended to read:
796              468.209        Requirements for licensure.—
797              (3)         If the board determines that an applicant is qualified
798      to be licensed by endorsement under s. 456.0145 s. 468.213, the
799      board may issue the applicant a temporary permit to practice
800      occupational therapy until the next board meeting at which

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         PCS for CS/HB 1273                                                                                   2024




801      license applications are to be considered, but not for a longer
802      period of time. Only one temporary permit by endorsement shall
803      be issued to an applicant, and it shall not be renewable.
804              Section 22.            Subsection (3) of section 486.031, Florida
805      Statutes, is amended to read:
806              486.031        Physical therapist; licensing requirements.—To be
807      eligible for licensing as a physical therapist, an applicant
808      must:
809              (3)(a)        Have been graduated from a school of physical
810      therapy which has been approved for the educational preparation
811      of physical therapists by the appropriate accrediting agency
812      recognized by the Commission on Recognition of Postsecondary
813      Accreditation or the United States Department of Education at
814      the time of her or his graduation and have passed, to the
815      satisfaction of the board, the American Registry Examination
816      prior to 1971 or a national examination approved by the board to
817      determine her or his fitness for practice as a physical
818      therapist as hereinafter provided;
819              (b)         Have received a diploma from a program in physical
820      therapy in a foreign country and have educational credentials
821      deemed equivalent to those required for the educational
822      preparation of physical therapists in this country, as
823      recognized by the appropriate agency as identified by the board,
824      and have passed to the satisfaction of the board an examination
825      to determine her or his fitness for practice as a physical

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         PCS for CS/HB 1273                                                                                   2024




826      therapist as hereinafter provided; or
827              (c)         Be entitled to licensure by endorsement or without
828      examination as provided in s. 486.081.
829              Section 23.            Subsection (3) of section 486.102, Florida
830      Statutes, is amended to read:
831              486.102        Physical therapist assistant; licensing
832      requirements.—To be eligible for licensing by the board as a
833      physical therapist assistant, an applicant must:
834              (3)(a)        Have been graduated from a school giving a course
835      of not less than 2 years for physical therapist assistants,
836      which has been approved for the educational preparation of
837      physical therapist assistants by the appropriate accrediting
838      agency recognized by the Commission on Recognition of
839      Postsecondary Accreditation or the United States Department of
840      Education, at the time of her or his graduation and have passed
841      to the satisfaction of the board an examination to determine her
842      or his fitness for practice as a physical therapist assistant as
843      hereinafter provided;
844              (b)         Have been graduated from a school giving a course for
845      physical therapist assistants in a foreign country and have
846      educational credentials deemed equivalent to those require d for
847      the educational preparation of physical therapist assistants in
848      this country, as recognized by the appropriate agency as
849      identified by the board, and passed to the satisfaction of the
850      board an examination to determine her or his fitness for

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         PCS for CS/HB 1273                                                                                   2024




851      practice as a physical therapist assistant as hereinafter
852      provided;
853              (c)         Be entitled to licensure by endorsement or without
854      examination as provided in s. 486.107; or
855              (d)         Have been enrolled between July 1, 2014, and July 1,
856      2016, in a physical therapist assistant school in this state
857      which was accredited at the time of enrollment; and
858              1.      Have been graduated or be eligible to graduate from
859      such school no later than July 1, 2018; and
860              2.      Have passed to the satisfaction of the board an
861      examination to determine his or her fitness for practice as a
862      physical therapist assistant as provided in s. 486.104.
863              Section 22.            Notwithstanding the changes made to the
864      Florida Statutes (2023) by this act, a board as defined in s.
865      456.001, Florida Statutes, or the Department of Health, as
866      applicable, may continue processing applications for licensure
867      by endorsement as authorized under the Florida Statutes (2023)
868      until the rules adopted by such board or the department to
869      implement the changes made by this act take effect or until 6
870      months after the effective date of this act, whichever occurs
871      first.
872              Section 25.            This act shall take effect July 1, 2024.
873




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PCB COM 24-01
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 24-01 Fantasy Sports Contest Amusement Act
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Thompson           Hamon


                                              SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and
executive powers of the state with respect to gambling, excluding the state lottery. Generally, fantasy sports
contests are any of a number of games that permit a person to pay an entry fee and play either a virtual game
or a virtual season of a sport based on the performance statistics of real sports players. Currently, there is no
constitutional, statutory, or regulatory framework expressly allowing for fantasy contests to be conducted in
Florida.

The bill creates the “Fantasy Sports Contest Amusement Act” (Act), which authorizes fantasy sports contests
to be offered by contest operators or noncommercial contest operators in which a contest participant manages
a fantasy or simulation sports team composed of athletes from professional sports organization. The bill, in
part:
     Requires the Commission to administer and enforce the Act.
     Authorizes the Commission to license, investigate and monitor the operation and play of fantasy sports
        contests, and penalize licensees for any violation of state law or rule.
     Prohibits using such contests to bet on sports or pari-mutuel events, poker or other card games, or
        collegiate, high school, or youth sporting events.
     Requires certain contest operators to be annually licensed by the Commission.
     Requires contest operators to implement consumer protection procedures that require proper employee
        participation, ensure contest participants are 21 years of age or older, restrict players, officials, or
        participants from participating in a fantasy sports contest, allow individuals to restrict or prevent their
        own access, limit the number of entries a single contest participant may submit, and segregate contest
        participants’ funds from operational funds.
     Requires contest operators to annually perform an independent audit, and submit the results to the
        Commission within 90 days after the end of each annual licensing period.
     Requires contest operators to keep and maintain daily records of its operations for at least three years.
     Creates an administrative fine, of up to $5,000, and not to exceed $100,000 in the aggregate, for
        violations of the act, and authorizes an action to recover such penalties to be brought by the
        Commission or the Department of Legal Affairs in circuit court in the name and on behalf of the state.
     Requires the Commission to receive and review violations of ch. 546, F.S., (Amusement Facilities),
        which includes fantasy sports contests.
     Prohibits certain Commission candidates, members, employees, or former commissioners or
        employees from holding a license issued under ch. 546, F.S., prior to, during, and after appointment or
        employment with the Commission, for certain timeframes described in those provisions.

The bill may have an indeterminate fiscal impact on state government and the private sector, and no fiscal
impact on local government.

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




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

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         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 gam bling 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

         Florida Gaming Control Commission

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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         The Florida Gaming Control Commission (Commission) is a five-member regulatory body that is
         responsible for exercising all regulatory and executive powers of the state with respect to gambling,
         including pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming compacts, and
         other forms of gambling authorized by the State Constitution or law, excluding the state lottery. 13 The
         Commission is also the State Compliance Agency responsible for monitoring compliance with the
         provisions of the Gaming Compact between the Seminole Tribe of Florida and the State of Florida. 14

         The Division of Gaming Enforcement (Division) is a criminal justice agency15 tasked with the
         enforcement of Florida's gambling laws to combat illegal gambling activities. 16 While every law
         enforcement officer in the state of Florida has the authority to make arrests for violations of Florida’s
         gambling laws, the Division is the first law enforcement agency with illegal gambling as its primary
         responsibility.17

         The Division director and all investigators are certified and designated law enforcement officers, and
         have the power to detect, apprehend, and arrest for any alleged violation of the state’s gambling laws,
         or any law of this state.18 Such law enforcement officers may enter upon any premises at which gaming
         activities are taking place in the state for the performance of their lawful duties and may take with them
         any necessary equipment, and such entry does not constitute a trespass. 19

         The officers have the authority, without warrant, to search and inspect any premises where the violation
         is alleged to have occurred or is occurring. Investigators employed by the Commission are required to
         have access to, and the right to inspect, premises licensed by the Commission, to collect taxes and
         remit them to the officer entitled to them, and to examine the books and records of all persons licensed
         by the Commission.20

         The Division and its investigators are specifically authorized to seize, store, and test any contraband 21
         in accordance with the Florida Contraband Forfeiture Act. 22

         According to the Commission, the Division:23
             Participates in direct enforcement activities involving proactive investigations initiated by reports
                of illegal gambling, confidential sources, and investigative leads. Upon obtaining sufficient
                evidence, agents execute search warrants, resulting in arrests and the seizure of illegal
                gambling devices and contraband.
             Serves as a valuable resource for state and local law enforcement partners, providing expert
                guidance on the intricacies of Florida's gambling laws and regulations. Agents share their
                knowledge and experience, assisting other law enforcement agencies in identifying illegal
                gambling activities, gathering evidence, and building strong cases for prosecution. This
                collaborative approach ensures that illegal gambling operations are effectively investigated and
                disrupted.



13 See ss. 16.71-16.716, F.S.
14 S. 285.710,  F.S.
15 S. 16.711(1), F.S.
16 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, pg. 6, https://flgaming.gov/pmw/annual-

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

equipment, gambling device, apparatus, material of gaming, proceeds, substituted proceeds, real or personal property, Internet domain
name, gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was obtained, received, used ,
attempted to be used, or intended to be used in violation of the gambling laws of the state, including any violation of chapter 24, part II
of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849.”
22 S. 16.711(4), F.S.
23 Id.
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         The Florida Department of Law Enforcement (FDLE) is required to provide assistance in obtaining
         criminal history information relevant to investigations required for honest, secure, and exemplary
         gaming operations, and such other assistance as may be requested by the Commission’s executive
         director and agreed to by the FDLE’s executive director. Any other state agency, including the
         Department of Business and Professional Regulation (DBPR) and the Department of Revenue (DOR),
         must, upon request, provide the Commission with any information relevant to any investigation
         conducted as described above, and the Commission must reimburse any agency for the actual cost of
         providing any such assistance.24

         Fantasy Sports Contests

         Generally, fantasy sports contests are any of a number of games that permit a person to pay an entry
         fee and play either a virtual game or a virtual season of a sport based on the performance statistics of
         real sports players. The player acts as both general manager and field manager of their team by
         building a roster through a draft and trades. Players make lineups in pursuit of statistically beating other
         players. The term “commissioner” has been used in the context of fantasy leagues to denote a person
         who manages a fantasy league, establishes league rules, resolves disputes over rule interpretations,
         publishes league standings, or selects the Internet service for publication of league standings. 25

         The two most-prominent fantasy sports in the U.S are fantasy baseball and fantasy football. 26
         Participation in fantasy sports contests grew dramatically in the 1990s due to greater access to game
         and player statistics through growing access to the Internet. 27

         Daily fantasy sports contests are an accelerated version of fantasy sports contests, which are played
         across a shorter period of time. For example, daily fantasy contests may be played over a single week
         in a season, rather than the entire season. Daily fantasy contests are typically played as "contests"
         which require an entry fee. The fee funds an advertised prize pool from which the fantasy contest
         operator (such as FanDuel or DraftKings) takes a percentage as revenue. 28 The legality of daily fantasy
         contests has been challenged in many states and jurisdictions, with some critics arguing that the
         contests more closely resemble proposition wagering on athlete performance than traditional fantasy
         contests.

         The online fantasy sports contest industry is now a multi-billion dollar industry in the United States.29 In
         2022, an estimated 62.5 million people competed in fantasy contests in the United States and
         Canada.30

         Legality of Fantasy Sports Contests in Florida

         Florida law does not specifically address fantasy sports contests. Currently, there is no constitutional,
         statutory, or regulatory framework expressly allowing for fantasy contests to be conducted in Florida.
         Moreover, Florida courts have not addressed whether Florida’s constitutional and statutory prohibitions
         on gambling apply to fantasy contests. Florida’s Attorney General has opined in the past that some
         fantasy contests appear to violate state gambling laws. 31

24 Section 16.711(5),   F.S.
25 See Bernhard & Eade, Gambling in a Fantasy World: An Exploratory Study of Rotisserie Baseball Games, 9 UNLV Gaming

Research & Review Journal Issue 1, at 30, at http://digitalscholarship.unlv.edu/grrj/vol9/iss1/3/ (last visited Feb. 9, 2024).
26 Adam Augustyn, Britannica.com, Fantasy sport, https://www.britannica.com/sports/fantasy-sport (last visited Feb. 9, 2024).
27 Ben Klayman, Reuters, Technology spurs growth of fantasy sports in U.S. (Sep. 24, 2008)

https://www.reuters.com/article/idUSTRE48O039/ (last visited Feb. 9, 2024).
28 Adam Kilgore, The Washington Post, Daily fantasy sports Web sites find riches in Internet gaming law loophole, (Mar. 27, 2015)

https://www.washingtonpost.com/sports/daily-fantasy-sports-web-sites-find-riches-in-internet-gaming-law-
loophole/2015/03/27/92988444-d172-11e4-a62f-ee745911a4ff_story.html.
29 Curt Woodward, The Boston Globe, Fantasy sports book gives insider view of DraftKings’ explosion, (Mar. 6, 2017)

https://www.bostonglobe.com/business/2017/03/06/fantasy-sports-book-gives-insider-view-draftkings-
explosion/qntMQJiIW2IKhrBNXPx2SK/story.html (last visited Feb. 9, 2024).
30 Fantasy Sports & Gaming Association, Industry Demographics, https://thefsga.org/industry-demographics/ (last visited Feb. 9,

2024).
31 91-03 Fla. Op. Att'y Gen. (1991).
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           Section 849.14, F.S., provides that a stake, bet, or wager of money or another thing of value placed
           "upon the result of any trial or contest of skill, speed, power, or endurance of human or beast" is
           unlawful. Receiving money or acting as the custodian or depositary of money as part of such a stake,
           bet, or wager is also unlawful.

           Section 849.25, F.S., Florida's anti-bookmaking statute, defines bookmaking as "the act of taking or
           receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of
           any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or
           mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event
           whatsoever." The statute includes factors that are to be considered evidence of bookmaking, including
           charging a percentage on accepted wagers, receiving more than five wagers in a day, and receiving
           over $500 in total wagers in a single day or over $1500 in a single week. 32

           On January 8th, 1991, Florida Attorney General (AG) provided an advisory legal opinion33 regarding
           whether participation in a fantasy sports league violated Florida's gambling laws. The opinion
           concluded that the operation of a fantasy league would violate s. 849.14, F.S., and that since the
           fantasy sports league's entry fee was used to make up the prizes, it qualified as a "stake, bet, or wager"
           under Florida law.34 The AG stated that, "while the skill of the individual contestant picking the members
           of the fantasy team is involved, the prizes are paid to the contestants based upon the performance of
           the individual professional football players in actual games."35

           The AG concluded that contests in which the skill of the contestant predominates over the element of
           chance, such as in certain sports contests, are not prohibited lotteries. As an example, he noted that
           golf and bowling tournaments were contests of skill and were not prohibited. He considered that "it
           might well be argued that skill is involved in the selection of a successful fantasy team by requiring
           knowledge of the varying abilities and skills of the professional football players who will be selected to
           make up the fantasy team."36

           Recently, the Commission has issued cease and desist correspondence to various companies
           operating fantasy contests in the state concerning possible violations of Florida’s gambling laws. The
           letters have generated controversy, concern, and interest from contest operators, elected officials, and
           the Seminole Tribe of Florida, which has entered into gaming compacts with the state. 37

           Legality of Fantasy Sports in Federal Law

           The federal Unlawful Internet Gambling Enforcement Act of 200638 (UIGEA) prohibits the processing of
           certain online financial wagering to prevent payment systems from being used in illegal online
           gambling. The UIGEA prohibits gambling businesses from knowingly accepting payments in connection
           with a "bet or wager" that involves the use of the Internet and that is unlawful under any federal or state
           law.

           The UIGEA expressly states that participation in fantasy or simulation sports contests is not included in
           the definition of “bet or wager”39 when certain conditions are met. For purposes of the UIGEA,
           participation in a fantasy or simulation sports contest is not a bet or wager when:



32 S. 849.25(1)(b),  F.S.
33 91-03  Fla. Op. Att'y Gen. (1991).
34 Creash v. State, 131 Fla. 111, 118 (Fla. 1938).
35 91-03 Fla. Op. Att'y Gen. (1991).
36 Id. Also, a 1990 Florida Attorney General advisory legal opinion provides that a golf hole -in-one contest, which is an exercise of

skill, with an entry fee where such fee does not go toward the purse or prize does not violate the state’s gambling laws. 90-58 Fla. Op.
Att’y Gen. (1990).
37 See https://www.floridatrend.com/article/38854/questions -swirl-around-fantasy-sports (last visited Jan. 23, 2024).
38 31 U.S.C. § 5361-5366 (2006).
39 31 U.S.C. § 5362(1) (2006).
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                •   Prizes and awards offered to winning participants are established and made known in advance
                    of the game or contest and the value is not determined by the number of participants or amount
                    of fees paid by the participants.
                •   Winning outcomes reflect the relative knowledge and skill of the participants and are determined
                    predominantly by accumulated statistical results of the performance of individuals.
                •   Winning outcomes are not based on the score, point spread, or any performance of any single
                    sports team or combination of such teams or solely on a single performance of an individual
                    athlete in a single sporting event.

         Contest operators argue that they are legal under the UIGEA. In Humphrey v. Viacom, Inc., the court
         determined that because the entry fee was paid "unconditionally," the owner did not participate, and the
         prizes were guaranteed and determined in advance, the fantasy contest entry fees were not "wagers"
         under the act.40 However, although the UIGEA exempts fantasy and simulation sports contests from the
         application of the UIGEA, it does not make such contests legal generally. The UIGEA does not change
         or preempt any other federal or state law. As expressed in the Rule of Construction in the UIGEA, "no
         provision of this subchapter shall be construed as altering, limiting, or extending any federal or state
         law or tribal-state compact prohibiting, permitting, or regulating gambling within the United States."41
         Therefore, any other state or federal law could apply.

         The federal Illegal Gambling Business Act of 1970 (IGBA) 42 defines an "illegal gambling business" as a
         gambling business that is in violation of the law of the state in which it is conducted, involves five or
         more persons who conduct or manage all or part of such business, and that has been in continuous
         operation for a period of more than 30 days or has a gross revenue of $2000 in a single day. The IGBA
         specifically exempts savings promotion raffles and bingo games, lotteries, or other games of chance
         operated by certain non-profit corporations.43 An employee or company that has violated the IGBA is
         subject to penalties including fines, forfeiture of profits and assets, and imprisonm ent for up to 5 years.

         Fantasy Sports Contests in the 2021 Compact

         The Seminole Indian Tribe of Florida (the Tribe) is a federally recognized Indian tribe whose
         reservations and trust lands are located in the State. A Gaming Compact between the Tribe and the
         State of Florida was executed by Governor Ron DeSantis and the Tribe on April 23, 2021 (the 2021
         Compact). The 2021 Compact was approved by the U.S. Department of the Interior on August 6, 2021,
         and became effective upon the publication of notice in the Federal Register on August 11, 2021.44

         Under the 2021 Compact, "fantasy sports contest" means a fantasy or simulation sports game or
         contest offered by a contest operator or a noncommercial contest operator in which a contest
         participant manages a fantasy or simulation sports team composed of athletes from a professional
         sports organization and that meets each of the following requirements:
             • All prizes and awards offered to winning contest participants are established and made known
                 to the contest participants in advance of the game or contest.
             • All winning outcomes reflect the relative knowledge and skill of the contest participants and are
                 determined predominantly by accumulated statistical results of the performance of individuals,
                 including athletes in the case of sporting events.
             • No winning outcome is based on the score, point spread, or any performance or performances
                 of any single actual team or combination of such teams, solely on any single performance of an
                 individual athlete or player in any single actual event, on a pari-mutuel event, as the term "pari-
                 mutuel" is defined in s. 550.002, Florida Statutes, as of January 1, 2021, on a game of poker or
                 other card game, or on the performances of participants in collegiate, high school, or youth
                 sporting events.
             • No casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-
                 style symbols, cards, dice, craps, roulette, or lotto, are displayed or depicted.

40 Humphrey v. Viacom, Inc., 2007 WL 1797648   (D.N.J. June 20, 2007).
41 31 U.S..C. § 5361(b) (2006).
42 18 U.S.C. § 1995 (1970).
43 See 26 U.S.C. § 501.
44 Fed. Register, Vol. 86, No. 153 at 44037.
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         The 2021 Compact allows the Tribe to offer fantasy sports contests at all their facilities. However, the
         2021 Compact does not include fantasy sports contests in the games for which the Tribe is granted
         exclusivity to conduct in the state.

         2021 Compact Litigation

         The state received payments due under the 2021 Compact beginning October 2021. The U.S. District
         Court for the District of Columbia set aside the federal approval of the 2021 Compact on November 22,
         2021. The Seminole Tribe continued making revenue sharing payments to the state through February
         2022, and then discontinued all payments. Between October 2021 and February 2022, the state
         received five payments of $37.5 million, totaling $187.5 million. 45

         After the U.S. Supreme Court ordered a stay on the U.S. District Court for the District of Columbia
         ruling, revenue sharing payments from the Seminole Tribe to the state resumed in January 2024. 46
         Currently, there is a proceeding pending in the U.S. Supreme Court challenging the legality of the 2021
         Compact, but that court has not yet determined to accept the case.47

         Litigation relating to the legality of the 2021 Compact is currently pending in the Florida Supreme
         Court,48 challenging the off-reservation mobile sports betting authorized in the 2021 Compact and in
         Florida law49 as a violation of the Florida Constitution (Article X, Section 30 to the Florida Constitution).
         The challenged actions include execution and ratification of the 2021 Compact and enactment of
         implementing legislation, as it relates to sports betting.

         Florida’s Sunrise Act

         Section 11.62, F.S., is Florida’s sunrise review, which is called the Sunrise Act. The Sunrise Act states
         that regulation should not be adopted unless it is:
              Necessary to protect the public health, safety, or welfare from significant and discernible harm
                 or damage;
              Exercised only to the extent necessary to prevent the harm; and
              Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
                 affect public access to the professional services.

         In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
         to consider the following:
              Whether the unregulated practice of the profession or occupation will substantially harm or
                 endanger the public health, safety, or welfare, and whether the potential for harm is
                 recognizable and not remote;
              Whether the practice of the profession or occupation requires specialized skill or training and
                 whether that skill or training is readily measurable or quantifiable so that examination or training
                 requirements would reasonably assure initial and continuing professional or occupational ability;


45 See the review of the Indian Gaming   Revenues by the Revenue Estimating Conference/Impact Conference at
http://www.edr.state.fl.us/Content/conferences/Indian-gaming/IndianGamingSummary.pdf (last visited Jan. 23, 2024). The Office of
Economic and Demographic Research (EDR) is a research arm of the Legislature principally concerned with forecasting economic
and social trends that affect policy making, revenues, and appropriations. At the request of the legislative committees or other
members of an estimating conference, EDR conducts impact assessments of proposed policy changes. Often, EDR's estimates are
incorporated in the committee bill analysis or fiscal note. In some cases, committees will request EDR to take a particular proposal to
a consensus estimating conference to obtain an impact estimate that is formally agreed to by both houses of the Legislature a nd by the
Governor's Office.
46 The resumption of Indian Gaming Revenues will be reviewed by the Revenue Estimating Conference/Impact Conference.
47 See Order in Pending Case, No. 23A315 (Oct. 25, 2023) in West Flagler Associates, Ltd., et al. v. Haaland, Application for Stay

Denied with Statement of Justice Kavanaugh, 601 U.S. ___ (2023), available at 23A315 West Flagler Associates, Ltd. v. Haaland
(10/25/2023) (supremecourt.gov) (last visited Feb. 9, 2024).
48 West Flagler Associates, et al., v. Ron D. DeSantis, et al., SC 2023-1333, Petition for Writ of Quo Warranto.
49 See s. 285.710(13(b)7., F.S.
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              Whether the regulation will have an unreasonable effect on job creation or job retention in the
               state or will place unreasonable restrictions on the ability of individuals who seek to practice or
               who are practicing a given profession or occupation to find employment;
              Whether the public is or can be effectively protected by other means; and
              Whether the overall cost-effectiveness and economic impact of the proposed regulation,
               including the indirect costs to consumers, will be favorable.

       The Sunrise Act requires proponents of legislation that propose new regulation on professions or
       occupations to provide the following information, upon request, by the agency proposed to have
       jurisdiction or the legislative committee to which the legislation is referred, to document the need for
       regulation:
             The number of individuals or businesses that would be subject to the regulation;
             The name of each association that represents members of the profession or occupation,
               together with a copy of its codes of ethics or conduct;
             Documentation of the nature and extent of the harm to the public caused by the unregulated
               practice of the profession or occupation, including a description of any complaints that have
               been lodged against persons who have practiced the profession or occupation in this state
               during the preceding three years;
             A list of states that regulate the profession or occupation, and the dates of enactment of each
               law providing for such regulation and a copy of each law;
             A list and description of state and federal laws that have been enacted to protect the public with
               respect to the profession or occupation and a statement of the reasons why these laws have not
               proven adequate to protect the public;
             A description of the voluntary efforts made by members of the profession or occupation to
               protect the public and a statement of the reasons why these efforts are not adequate to protect
               the public;
             A copy of any federal legislation mandating regulation;
             An explanation of the reasons why other types of less restrictive regulation would not effectively
               protect the public;
             The cost, availability, and appropriateness of training and examination requirements;
             The cost of regulation, including the indirect cost to consumers, and the method proposed to
               finance the regulation;
             The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
               a result of the regulation;
             The details of any previous efforts in this state to implement regulation of the profession or
               occupation; and
             Any other information the agency or the committee considers relevant to the analysis of the
               proposed legislation.

       The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
       Legislature with the following information:
           The resources required to implement and enforce the regulation;
           The technical sufficiency of the proposal, including its consistency with the regulation of other
              professions; and
           Any alternatives that may result in less restrictive or more cost-effective regulation.

       In determining whether to recommend regulation, the legislative committee reviewing the proposal must
       assess whether the proposed regulation is:
            Justified based on the statutory criteria and the information provided by both the proponents of
               regulation and the agency responsible for its implementation;
            The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
               and
            Technically sufficient and consistent with the regulation of other professions under existing law.

       Proposed Changes

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       The bill creates the short title the “Fantasy Sports Contest Amusement Act (Act).”

       The bill provides the following Legislative intent and findings:

          It is the intent of the Legislature to ensure public confidence in the integrity of fantasy
          sports contests and contest operators. This Act is designed to regulate the contest
          operators and individuals who participate in such contests and to enact consumer
          protections related to fantasy sports contests. Furthermore, the Legislature finds that
          fantasy sports contests, as that term is defined in s. 546.13, F.S., involve the skill of
          contest participants.

       Definitions

       The bill provides the following definitions:

              "Confidential information" means information related to the playing of fantasy sports contests by
               contest participants which is obtained solely as a result of a person's employment with, or work
               as an agent of, a contest operator.
              "Contest operator" means a person or an entity that offers fantasy sports contests for a cash
               prize to members of the public, but does not include a noncommercial contest operator in this
               state.
              "Contest participant" means a person who pays an entry fee for the ability to participate in a
               fantasy or simulation sports game or contest offered by a contest operator or noncommercial
               contest operator.
              "Entry fee" means the cash or cash equivalent amount that a person is required to pay to a
               contest operator or noncommercial contest operator to participate in a fantasy sports contest.
              "Fantasy sports contest" means a fantasy or simulation sports game or contest offered by a
               contest operator or a noncommercial contest operator in which a contest participant manages a
               fantasy or simulation sports team composed of athletes from a professional sports organization
               and which meets each of the following requirements:
                   o All prizes and awards offered to winning contest participants are established and made
                       known to the contest participants in advance of the game or contest, and their value is
                       not determined by the number of contest participants or the amount of any fees paid by
                       those contest participants.
                   o All winning outcomes reflect the relative knowledge and skill of the contest participants
                       and are determined predominantly by accumulated statistical results of the performance
                       of individuals, including athletes in the case of sporting events.
                   o No winning outcome is based on the score, point spread, or any performance or
                       performances of any single actual team or combination of such teams; solely on any
                       single performance of an individual athlete or player in a single actual event; on a pari-
                       mutuel event, as the term "pari-mutuel" is defined in s. 550.002, F.S.; on a game of
                       poker or other card game; or on the performances of participants in collegiate, high
                       school, or youth sporting events.
                   o No casino graphics, themes, or titles, including, but not limited to, depictions of slot
                       machine-style symbols, cards, dice, craps, roulette, or lotto, are displayed or depicted.
              "Noncommercial contest operator" means a natural person who organizes and conducts a
               fantasy or simulation sports game in which:
                   o Contest participants are charged entry fees for the right to participate;
                   o Entry fees are collected, maintained, and distributed by the same natural person;
                   o The total entry fees collected, maintained, and distributed by such natural person do not
                       exceed $1,500 per season or a total of $10,000 per calendar year; and
                   o All entry fees are returned to the contest participants in the form of prizes.
               Commission” means the Florida Gaming Control Commission.

       Administration and Enforcement

       The bill requires the Commission to enforce and administer the act.
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       The bill authorizes the Commission to:
           Conduct investigations and monitor the operation and play of fantasy sports contests;
           Review the books, accounts, and records of current and former contest operators;
           Deny, suspend, or revoke licenses for any violation of state law or rule;
           Take testimony, issue witness summonses and subpoenas for matters in its jurisdiction;
           Monitor and ensure the proper collection and safeguarding of entry fees and the payment of
               contest prizes in accordance with the consumer protection procedures enacted pursuant to the
               act;
           Investigate any licensed or unlicensed persons or entities when they are:
                   o Advertising as offering or providing or are engaged in conducting a fantasy sports
                       contest which requires licensure under the act; or
                   o Engaged in activities which do not comply with or are prohibited by the act; and
           Issue orders to licensed or unlicensed persons or entities, or to contest operators or
               noncommercial contest operators, to stop engaging in activities that require licensure or are
           prohibited by the act, or to seek an injunction or take other appropriate action to enforce the act.

       The bill requires the Commission to:
           Revoke a contest operator’s license if the contest operator offers fantasy sports contests in
               violation of the prohibition contained in s. 546.13, F.S., against betting on sports or pari-mutuel
               events, on poker or other card games, or on collegiate, high school, or youth sporting events;
               and
           Adopt rules to implement and administer the act.

       Licensure

       The bill requires contest operators to be licensed by the Commission to conduct fantasy sports contests
       in Florida. Licenses are effective for one year after issuance and must be renewed annually.

       Applications for licensure must include:
           The full name of the applicant; for a corporate applicant, the name of the state of incorporation,
              the names and addresses of the officers, directors, and shareholders who hold 15 percent or
              more equity in the corporation; and for an applicant that is a business entity other than a
              corporation, the names and addresses of:
                  o Each principal, partner, or shareholder who holds 15 percent or more equity in the entity;
                        and
                  o Any person who individually or in concert with a relative beneficially owns or controls, or
                        has the power to vote or cause the vote of, 15 percent or more equity.
                              For the purposes of the act, the term “relative” means a spouse, father, mother,
                                son, daughter, grandfather, grandmother, brother, sister, uncle, aunt, cousin,
                                nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-
                                in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
                                stepsister, half brother, or half sister.
           The names and addresses of the ultimate equitable owners of the corporation or other business
              entity, if different from those otherwise provided, unless the securities of the corporation or
              entity are registered pursuant to the federal Securities Exchange Act of 1934, and either:
                  o The applicant files reports with the United States Securities and Exchange Commission
                        as required by section 13 of that act; or
                  o The securities of the corporation or entity are regularly traded on an established
                        securities market in the United States.
           The estimated number of fantasy sports contests to be conducted by the applicant annually;
           A statement of the assets and liabilities of the applicant;
           The names and addresses of the officers and directors of any creditor of the applicant and of
              stockholders who hold more than 10 percent of the stock of the creditor, if required by the
              Commission;


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              For each individual listed in the application, a full set of fingerprints to be submitted to the
               Commission or to a vendor, entity, or agency authorized under s. 943.053(13), F.S., which must
               be:
                   o Forwarded to the Department of Law Enforcement (FDLE) for state processing;
                   o Forwarded to the Federal Bureau of Investigation by the FDLE for national processing.
                   o Retained by the FDLE as provided in s. 943.05(2)(g) and (h), F.S.; and
                   o Enrolled in the Federal Bureau of Investigation’s national retained print arrest notification
                       program when the FDLE begins participation in that program. Any arrest record
                       identified must be reported by the FDLE to the commission.
              For each foreign national, such documents as necessary to allow the commission to conduct
               criminal history records checks in the individual’s home country; the applicant must pay the full
               cost of processing fingerprints and required documentation.

       The bill requires applications for renewal of a license issued pursuant to the Act to contain all revisions
       to the information submitted in the prior year’s application which are necessary to maintain such
       information as both accurate and current, and the applicant must attest that any revisions do not affect
       the applicant’s qualifications for license renewal.

       Upon determination by the Commission that an application for renewal is complete and qualifications
       have been met, including payment of the renewal fee, the bill requires a fantasy sports contests license
       to be renewed annually.

       The bill provides that a person or entity is not eligible for licensure as a contest operator or for licensure
       renewal if the Commission determines after investigation that an individual required to be listed in the
       application is not of good moral character or is found to have been convicted of:
           A felony in Florida;
           Any offense in another jurisdiction which would be considered a felony if committed in Florida;
               or
           A felony under the laws of the United States.

       The term “convicted” is defined as having been found guilty, with or without adjudication of guilt, as a
       result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

       License Suspension

       The bill requires the license of a contest operator to be automatically suspended 30 calendar days after
       entry of a final order imposing an administrative fine against the contest operator, if the administrative
       fine has not been paid. The license of a contest operator may not be renewed, and an application for
       licensure as a contest operator may not be approved, if the contest operator or an applicant is liable for
       an outstanding administrative fine imposed under the act. A contest operator’s licens e remains
       suspended until the administrative fine is paid. However, a contest operator’s license may not be
       suspended and an application for licensure may not be denied if the contest operator or the applicant
       has an appeal from a final order pending in any appellate court.

       Changes in Ownership

       Changes in ownership of or interest in a fantasy sports contests license of five percent or more of the
       stock or other evidence of ownership or equity in the contest operator must be approved by the
       commission before such change, unless the owner is an existing owner of that license who was
       previously approved by the Commission. Changes in ownership of or interest in a fantasy sports
       contests license of less than five percent must be reported to the Commission within 20 days after the
       change. The Commission may then conduct an investigation to ensure that the license is properly
       updated to show the change in ownership or interest.

       Consumer Protections


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         Regarding consumer protections, the bill requires contest operators to implement fantasy sports
         contests procedures that:
             Prevent the contest operator's employees, their relatives, or persons living in the same
                household as the employees, from competing in a fantasy sports contest in which a cash prize
                is awarded.
                    o The term “relative” means a spouse, father, mother, son, daughter, grandfather,
                         grandmother, brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-
                         in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
                         stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister;
             Allow a commercial contest operator to offer fantasy sports contests to its employees, if the
                employees are the sole participants in the contest;
             Prevent the contest operator from being a contest participant in a fantasy sports contest that the
                contest operator offers;
             Prevent the contest operator's employees or agents from sharing with a third party confidential 50
                information that could affect fantasy sports contest play until the information has been made
                publicly available;
             Verify that contest participants are 21 years of age or older;
             Restrict an individual who is a player, a game official, or other participant in a real-world game
                or competition from participating in a fantasy sports contest that is determined, in whole or in
                part, on the performance of that individual, the individual’s real-world team, or the accumulated
                statistical results of the sport or competition in which he or she is a player, game official, or other
                participant;
             Allow individuals to restrict or prevent their own access to fantasy sports contests and take
                reasonable steps to prevent those individuals from entering a fantasy sports contest;
             Limit the number of entries a single contest participant may submit to each fantasy sports
                contest and take reasonable steps to prevent participants from submitting more than the
                allowable number of entries; and
             Segregate contest participants’ funds from operational funds or maintain a reserve in the form of
                cash, cash equivalents, payment processor reserves, payment processor receivables, an
                irrevocable letter of credit, a bond, or a combination thereof in the total amount of deposits in
                contest participants’ accounts for the benefit and protection of authorized contest participants’
                funds held in fantasy sports contest accounts.

         Audit Requirements

         The bill requires contest operators to annually contract with a third party to perform an independent
         audit, consistent with the standards established by the American Institute of Certified Public
         Accountants, to ensure compliance with the act, and submit the results of the independent audit to the
         Commission no later than 90 days after the end of each annual licensing period.

         The bill requires the data source used by contest operators to determine fantasy sports contest results
         to be complete, accurate, reliable, and appropriate to settle the outcome of the fantasy sports contests
         for which they are used. This requirement does not apply to noncommercial contest operators.

         The bill requires each contest operator to keep and maintain daily records of its operations and to
         maintain such records for at least three years. The records must sufficiently detail all financial
         transactions required to determine compliance with the requirements of the Act and must be available
         for audit and inspection by the Commission or other law enforcement agencies during the contest
         operator’s regular business hours. The Commission is required to adopt rules to implement this
         provision.

         Penalties for Violations



50 Under the bill, the term “confidential information” means “information related to the playing of fantasy sports contests by c ontest

participants which is obtained solely as a result of a person’s employment with, or work as an agent of, a contest operator.”
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         Regarding penalties for violations of the act, the bill provides that a contest operator, or its employee or
         agent, who violates the Act is subject to an administrative fine, not to exceed $5,000 for each violation
         and not to exceed $100,000 in the aggregate, for deposit to the state’s general revenue fund.

         The bill authorizes an action to recover such penalties to be brought by the Commission or the
         Department of Legal Affairs in circuit court in the name and on behalf of the state.

         The bill specifies that the penalty provisions do not apply to violations committed by a contest operator
         which occurred prior to the issuance of a license under the Act if the contest operator applies for a
         license within 90 days after the date the Commission begins accepting applications, and receives a
         license within 240 days after such date.

         The bill provides that fantasy sports contests conducted by a contest operator or noncommercial
         contest operator in compliance with all fantasy sports contest requirements are not subject to certain
         gambling laws 51 set forth in ch. 849, F.S., relating to Gambling.

         The bill amends provisions in ss. 16.71, 16.712, 16.713, and 16.715, F.S., relating to the Commission.
         The Commission must receive and review violations of ch. 546, F.S., (Amusement Facilities), which
         includes fantasy sports contests, and prohibit certain Commission candidates, members, employees, or
         former commissioners or employees from holding a license issued under ch. 546, F.S., prior to, during,
         and after appointment or employment with the Commission, for the time frames described in those
         provisions.

         Exemptions

         Regarding activities that are exempt from certain gambling laws,52 the bill adds fantasy sports contests
         conducted in accordance with ch. 546, F.S., as an exempted activity. Similar exemptions in current law,
         provided the activity is conducted pursuant to applicable Florida law, include pari-mutuel wagering, slot
         machine gaming, the operation of cardrooms, and bingo games.

    B. SECTION DIRECTORY:
         Section 1:           Creates s. 546.11, F.S., providing a short title.

         Section 2:           Creates s. 546.12, F.S., relating to legislative intent; findings.

         Section 3:           Creates s. 546.13, F.S., relating to definitions.

         Section 4:           Creates s. 546.14, F.S., relating to enforcement and administration; rulemaking.

         Section 5:           Creates s. 546.15, F.S., relating to licensing; renewal.

         Section 6:           Creates s. 546.16, F.S., relating to consumer protection.

         Section 7:           Creates s. 546.17, F.S., relating to records and reports.

         Section 8:           Creates s. 546.18, F.S., relating to penalties; applicability; exemption.

         Section 9:           Amends s. 16.71, F.S., relating to Florida Gaming Control Commission; creation;
                              meetings; membership.

         Section 10:          Amends s. 16.712, F.S., relating to the Florida Gaming Control Commission
                              authorizations, duties, and responsibilities.


51 See ss. 849.01,   849.08, 849.09, 849.11, 849.14, and 849.25, F.S., relating to various activities that are prohibited by or must comply
with Florida law.
52 Id.
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        Section 11:        Amends s. 16.713, F.S., relating to the Florida Gaming Control Commission;
                           appointment and employment restrictions.

        Section 12:        Amends s. 16.715, F.S., relating to the Florida Gaming Control Commission standards of
                           conduct; ex parte communications.

        Section 13:        Amends s. 849.142, F.S., relating to exempted activities.

        Section 14:        Provides an effective date.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            See Fiscal Comments.

        2. Expenditures:
            See Fiscal Comments.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Requiring fantasy sports contest operators to meet various requirements imposed by the bill, such as
        application and licensure, auditing, consumer protection, and penalties for violations, may have an
        indeterminate negative fiscal impact on the private sector.

    D. FISCAL COMMENTS:
        Indeterminate. The bill may increase revenues and expenditures to state funds relating to:
             Processing applications for licensure by the Commission and FDLE.
             Administration and enforcement of a new licensure program by the Commission.

        The bill requires all administrative fines imposed and collected related to violations of the Act by contest
        operators to be deposited in the General Revenue Fund.

        According to the Commission, “depending on the number of contest operators that obtain a license in
        Florida, the Commission may require additional FTEs and expenses to carry out the regulatory
        responsibilities associated” with the act.53

        According to the FDLE, the bill could potentially require “additional staffing and other resources.”54


                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

53 The Florida Gaming   Control Commission, Agency Analysis of 2024 SB 1568, p. 8 (Jan. 19, 2024).
54 The Florida Department of Law Enforcement, Agency Analysis of 2024 SB 1568, p. 5 (Jan. 12, 2024).
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       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       The bill requires the Commission to adopt rules to implement and administer the act.

   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




           PCB COM 24-01                                                                                      2024




    1                                       A bill to be entitled
    2             An act relating to the Fantasy Sports Contest
    3             Amusement Act; creating s. 546.11, F.S.; providing a
    4             short title; creating s. 546.12, F.S.; providing
    5             legislative findings and intent; creating s. 546.13,
    6             F.S.; defining terms; creating s. 546.14, F.S.;
    7             requiring the Florida Gaming Control Commission to
    8             enforce and administer the act; authorizing the
    9             commission to take certain actions; requiring the
10                commission to revoke a contest operator's license
11                under certain circumstances; requiring the commission
12                to adopt rules; creating s. 546.15, F.S.; providing
13                application requirements for fantasy sports contest
14                operator licenses; providing that specified persons or
15                entities are not eligible for licensure under certain
16                circumstances; defining the term "convicted";
17                specifying that a contest operator license is
18                automatically suspended under certain circumstances;
19                providing an exception; requiring contest operators to
20                report certain changes in ownership or interest;
21                creating s. 546.16, F.S.; requiring a contest operator
22                to implement specified consumer protection procedures;
23                defining the term "relative"; requiring a contest
24                operator to annually contract with a third party to
25                perform an independent audit; requiring a contest
26                operator to submit the audit results to the commission

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        PCB COM 24-01                                                                                      2024




27              within a certain timeframe; requiring a contest
28              operator to use data sources that meet specified
29              requirements; creating s. 546.17, F.S.; requiring
30              contest operators to keep and maintain certain records
31              for a specified period; providing a requirement for
32              such records; requiring that such records be available
33              for audit and inspection; requiring the commission to
34              adopt rules; creating s. 546.18, F.S.; providing a
35              civil penalty; providing applicability; exempting
36              fantasy sports contests from certain provisions in ch.
37              849, F.S.; amending s. 16.71, F.S.; prohibiting the
38              Governor from soliciting or requesting certain
39              information from a person who holds a license to
40              conduct fantasy sports contests; amending s. 16.712,
41              F.S.; conforming provisions to changes made by the
42              act; amending s. 16.713, F.S.; revising prohibitions
43              relating to appointment to and employment with the
44              commission to include prohibitions relating to fantasy
45              sports contests licenses; amending s. 16.715, F.S.;
46              revising prohibitions relating to former commissioners
47              and employees of the commission to include
48              prohibitions relating to fantasy sports contests
49              licenses; amending s. 849.142, F.S.; providing that
50              specified provisions do not apply to participation in
51              or the conduct of fantasy sports contests; providing
52              an effective date.

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        PCB COM 24-01                                                                                      2024




53
54      Be It Enacted by the Legislature of the State of Florida:
55
56              Section 1.         Section 546.11, Florida Statutes, is created to
57      read:
58              546.11        Short title.—Sections 546.11-546.18 may be cited as
59      the "Fantasy Sports Contest Amusement Act."
60              Section 2.         Section 546.12, Florida Statutes, is created to
61      read:
62              546.12        Legislative intent; findings.—It is the intent of
63      the Legislature to ensure public confidence in the integrity of
64      fantasy sports contests and contest operators. This act is
65      designed to regulate the contest operators and individuals who
66      participate in such contests and to enact consumer protections
67      related to fantasy sports contests. Furthermore, the Legislature
68      finds that fantasy sports contests, as that term is define d in
69      s. 546.13, involve the skill of contest participants.
70              Section 3.         Section 546.13, Florida Statutes, is created to
71      read:
72              546.13        Definitions.—As used in ss. 546.11-546.18, the
73      term:
74              (1)         "Act" means the Fantasy Sports Contest Amusement Act,
75      ss. 546.11-546.18.
76              (2)         "Commission" means the Florida Gaming Control
77      Commission.
78              (3)         "Confidential information" means information related

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         PCB COM 24-01                                                                                      2024




 79      to the playing of fantasy sports contests by contest
 80      participants which is obtained solely as a result of a person's
 81      employment with, or work as an agent of, a contest operator.
 82             (4)         "Contest operator" means a person or an entity that
 83      offers fantasy sports contests for a cash prize to members of
 84      the public, but does not include a noncommercial contest
 85      operator in this state.
 86             (5)         "Contest participant" means a person who pays an entry
 87      fee for the ability to participate in a fantasy or simulation
 88      sports game or contest offered by a contest operator or
 89      noncommercial contest operator.
 90             (6)         "Entry fee" means the cash or cash equivalent amount
 91      that a person is required to pay to a contest operator or
 92      noncommercial contest operator to participate in a fantasy
 93      sports contest.
 94             (7)         "Fantasy sports contest" means a fantasy or simulation
 95      sports game or contest offered by a contest operator or a
 96      noncommercial contest operator in which a contest participant
 97      manages a fantasy or simulation sports team composed of athletes
 98      from a professional sports organization and which meets each of
 99      the following requirements:
100             (a)         All prizes and awards offered to winning contest
101      participants are established and made known to the contest
102      participants in advance of the game or contest, and their value
103      is not determined by the number of contest participants or the
104      amount of any fees paid by those contest participants.

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105             (b)         All winning outcomes reflect the relative knowledge
106      and skill of the contest participants and are determined
107      predominantly by accumulated statistical results of the
108      performance of individuals, including athletes in the case of
109      sporting events.
110             (c)         No winning outcome is based on the score, point
111      spread, or any performance or performances of any single actual
112      team or combination of such teams; solely on any single
113      performance of an individual athlete or player in a single
114      actual event; on a pari-mutuel event, as the term "pari-mutuel"
115      is defined in s. 550.002; on a game of poker or other card game;
116      or on the performances of participants in collegiate, high
117      school, or youth sporting events.
118             (d)         No casino graphics, themes, or titles, including, but
119      not limited to, depictions of slot machine-style symbols, cards,
120      dice, craps, roulette, or lotto, are displayed or depicted.
121             (8)         "Noncommercial contest operator" means a natural
122      person who organizes and conducts a fantasy or simulation sp orts
123      game in which contest participants are charged entry fees for
124      the right to participate; entry fees are collected, maintained,
125      and distributed by the same natural person; the total entry fees
126      collected, maintained, and distributed by such natural perso n do
127      not exceed $1,500 per season or a total of $10,000 per calendar
128      year; and all entry fees are returned to the contest
129      participants in the form of prizes.
130             Section 4.         Section 546.14, Florida Statutes, is created to

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         PCB COM 24-01                                                                                      2024




131      read:
132             546.14        Enforcement and administration; rulemaking.—
133             (1)         The commission shall enforce and administer this act.
134             (2)         The commission may:
135             (a)         Conduct investigations and monitor the operation and
136      play of fantasy sports contests.
137             (b)         Review the books, accounts, and records of any current
138      or former contest operator.
139             (c)         Deny, suspend, or revoke any license under this act
140      for any violation of state law or rule.
141             (d)         Take testimony, issue summonses and subpoenas for any
142      witness, and issue subpoenas duces tecum in connection with any
143      matter within its jurisdiction.
144             (e)         Monitor and ensure the proper collection and
145      safeguarding of entry fees and the payment of contest prizes in
146      accordance with consumer protection procedures enacted pursuant
147      to s. 546.16.
148             (f)         Investigate any licensed or unlicensed person or
149      entity when such person or entity is advertising as offering or
150      providing, or is engaged in conducting, a fantasy sports contest
151      that requires licensure under this act or when a contest
152      operator or noncommercial contest operator is engaged in
153      activities that do not comply with or are prohibited by this
154      act. The commission may issue an order to such licensed or
155      unlicensed person or entity or contest operator or noncommercial
156      contest operator to cease and desist the further conduct o f such

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         PCB COM 24-01                                                                                      2024




157      activities, may seek an injunction, or may take other
158      appropriate action to enforce this act.
159             (3)         The commission must revoke a contest operator's
160      license if the contest operator offers fantasy sports contests
161      that violate s. 546.13(7)(c).
162             (4)         The commission shall adopt rules to implement and
163      administer this act.
164             Section 5.         Section 546.15, Florida Statutes, is created to
165      read:
166             546.15        Licensing; renewal.—
167             (1)         A contest operator must be licensed by the commission
168      to conduct fantasy sports contests within this state. Licenses
169      are effective for 1 year after issuance and must be renewed
170      annually.
171             (2)         The license application must include:
172             (a)         The full name of the applicant.
173             (b)         If the applicant is a corporation, the name of the
174      state in which the applicant is incorporated and the names and
175      addresses of the officers, directors, and shareholders who hold
176      15 percent or more equity.
177             (c)         If the applicant is a business entity other than a
178      corporation, the names and addresses of each principal, partner,
179      or shareholder who holds 15 percent or more equity, and any
180      person who individually or in concert with a relative
181      beneficially owns or controls, or has the power to vote or cause
182      the vote of, 15 percent or more equity. For the purposes of this

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         PCB COM 24-01                                                                                      2024




183      act, the term "relative" means a spouse, father, mother, son,
184      daughter, grandfather, grandmother, brother, sister, uncle,
185      aunt, cousin, nephew, niece, father-in-law, mother-in-law, son-
186      in-law, daughter-in-law, brother-in-law, sister-in-law,
187      stepfather, stepmother, stepson, stepdaughter, stepbrother,
188      stepsister, half brother, or half sister.
189             (d)         The names and addresses of the ultimate equitable
190      owners of the corporation or other business entity, if different
191      from those provided under paragraph (b) or paragraph (c), unless
192      the securities of the corporation or entity are registered
193      pursuant to s. 12 of the Securities Exchange Act of 1934, 15
194      U.S.C. ss. 78a-78kk, and either:
195             1.      The corporation or entity files with the United States
196      Securities and Exchange Commission the reports required by s. 13
197      of that act; or
198             2.      The securities of the corporation or entity are
199      regularly traded on an established securities market in the
200      United States.
201             (e)         The estimated number of fantasy sports contests to be
202      conducted by the applicant annually.
203             (f)         A statement of the assets and liabilities of the
204      applicant.
205             (g)         If required by the commission, the names and addresses
206      of the officers and directors of any creditor of the applicant
207      and of stockholders who hold more than 10 percent of the stock
208      of the creditor.

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         PCB COM 24-01                                                                                      2024




209             (h)         For each individual listed in the application pursuant
210      to paragraph (a), paragraph (b), paragraph (c), or paragraph
211      (d), a full set of fingerprints, to be submitted to the
212      commission or to a vendor, an entity, or an agency authorized
213      under s. 943.053(13).
214             1.      The commission, vendor, entity, or agency shall forward
215      the fingerprints to the Department of Law Enforcement for state
216      processing, and the Department of Law Enforcement shall forward
217      the fingerprints to the Federal Bureau of Investigation for
218      national processing.
219             2.      Fingerprints submitted to the Department of Law
220      Enforcement pursuant to this paragraph must be retained by the
221      Department of Law Enforcement as provided in s. 943.05(2)(g) and
222      (h) and, when the Department of Law Enforcement begins
223      participation in the program, must be enrolled in the Federal
224      Bureau of Investigation's national retained print arrest
225      notification program. The Department of Law Enforcement shall
226      report to the commission any arrest record identified.
227             (i)         For each foreign national, such documents as are
228      necessary to allow the commission to conduct criminal history
229      records checks in the individual's home country. The applicant
230      must pay the full cost of processing fingerprints and requ ired
231      documentation.
232             (3)         The application for renewal must contain all revisions
233      to the information submitted in the prior year's application
234      which are necessary to maintain such information as both

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235      accurate and current.
236             (4)         The applicant for renewal must attest that any
237      revisions do not affect the applicant's qualifications for
238      license renewal.
239             (5)         Upon determination by the commission that the
240      application for renewal is complete and qualifications have been
241      met, including payment of the renewal fee, the fantasy sports
242      contests license must be renewed annually.
243             (6)         A person or an entity is not eligible for licensure as
244      a contest operator or for licensure renewal if an individual
245      required to be listed pursuant to paragraph (5)(a), paragraph
246      (5)(b), paragraph (5)(c), or paragraph (5)(d) is determined by
247      the commission, after investigation, not to be of good moral
248      character or is found to have been convicted of a felony in this
249      state, any offense in another jurisdiction which would be
250      considered a felony if committed in this state, or a felony
251      under the laws of the United States. As used in this subsection,
252      the term "convicted" means having been found guilty, with or
253      without adjudication of guilt, as a result of a jury verdict,
254      nonjury trial, or entry of a plea of guilty or nolo contendere.
255             (7)         The license of a contest operator is automatically
256      suspended upon entry of a final order imposing an administrative
257      fine against the contest operator, until the administrative fine
258      is paid, if 30 calendar days have elapsed since the entry of the
259      final order. The license of a contest operator may not be
260      renewed and an application for licensure as a contest operator

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         PCB COM 24-01                                                                                          2024




261      may not be approved if the contest operator or the applicant for
262      licensure as a contest operator is liable for an outstanding
263      administrative fine imposed under this act. Notwithstanding this
264      subsection, a contest operator's license may not be suspended
265      and an application for licensure as a contest operator may not
266      be denied if the contest operator or the applicant has an appeal
267      from a final order pending in any appellate court.
268             (8)         Changes in ownership of or interest in a fantasy
269      sports contests license of 5 percent or more of the stock or
270      other evidence of ownership or equity in the contest operator
271      must be approved by the commission before such change, unless
272      the owner is an existing owner of that license who was
273      previously approved by the commission. Changes in ownership of
274      or interest in a fantasy sports contests license of less than 5
275      percent must be reported to the commission within 20 days after
276      the change. The commission may then conduct an investigation to
277      ensure that the license is properly updated to show the change
278      in ownership or interest.
279             Section 6.         Section 546.16, Florida Statutes, is created to
280      read:
281             546.16        Consumer protection.—
282             (1)         A contest operator shall implement procedures for
283      fantasy sports contests which:
284             (a)         Prevent its employees, their relatives, or persons
285      living in the same household as the employees from competing in
286      a fantasy sports contest in which a cash prize is awarded.

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         PCB COM 24-01                                                                                          2024




287      However, a contest operator may offer to its employees fantasy
288      sports contests in which the employees are the sole
289      participants. For the purposes of this paragraph, the term
290      "relative" means a spouse, father, mother, son, daughter,
291      grandfather, grandmother, brother, sister, uncle, aunt, cousin,
292      nephew, niece, father-in-law, mother-in-law, son-in-law,
293      daughter-in-law, brother-in-law, sister-in-law, stepfather,
294      stepmother, stepson, stepdaughter, stepbrother, stepsister, half
295      brother, or half sister.
296             (b)         Prohibit the contest operator from being a contest
297      participant in a fantasy sports contest that the contest
298      operator offers.
299             (c)         Prevent its employees or agents from sharing with a
300      third party confidential information that could affect fantasy
301      sports contest play, until the information has been made
302      publicly available.
303             (d)         Verify that contest participants are 21 years of age
304      or older.
305             (e)         Restrict an individual who is a player, a game
306      official, or other participant in a real-world game or
307      competition from participating in a fantasy sports contest that
308      is determined, in whole or in part, on the performance of that
309      individual, the individual's real-world team, or the accumulated
310      statistical results of the sport or competition in which he or
311      she is a player, game official, or other participant.
312             (f)         Allow individuals to restrict or prevent their own

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         PCB COM 24-01                                                                                          2024




313      access to fantasy sports contests and take reasonable steps to
314      prevent those individuals from entering a fantasy sports
315      contest.
316             (g)         Limit the number of entries a single contest
317      participant may submit to each fantasy sports contest and take
318      reasonable steps to prevent participants from submitting more
319      than the allowable number of entries.
320             (h)         Segregate contest participants' funds from operational
321      funds or maintain a reserve in the form of cash, cash
322      equivalents, payment processor reserves, payment processor
323      receivables, an irrevocable letter of credit, a bond, or a
324      combination thereof in the total amount of deposits in contest
325      participants' accounts for the benefit and protection of
326      authorized contest participants' funds held in fantasy sports
327      contest accounts.
328             (2)(a)        A contest operator shall annually contract with a
329      third party to perform an independent audit, consistent with the
330      standards established by the American Institute of Certified
331      Public Accountants, to ensure compliance with this act. The
332      contest operator shall submit the results of the independent
333      audit to the commission no later than 90 days after the end of
334      each annual licensing period.
335             (b)         Any data source and the corresponding data to
336      determine the results of all fantasy sports contests offered by
337      contest operators, other than noncommercial contest operators,
338      must be complete, accurate, reliable, and appropriate to settle

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         PCB COM 24-01                                                                                          2024




339      the outcome of the fantasy sports contests for which they are
340      used.
341             Section 7.         Section 546.17, Florida Statutes, is created to
342      read:
343             546.17        Records and reports.—Each contest operator shall
344      keep and maintain daily records of its operations and shall
345      maintain such records for at least 3 years. The records must
346      sufficiently detail all financial transactions required to
347      determine compliance with this act and must be available for
348      audit and inspection by the commission or other law enforcement
349      agencies during the contest operator's regular business hours.
350      The commission shall adopt rules to implement this section.
351             Section 8.         Section 546.18, Florida Statutes, is created to
352      read:
353             546.18        Penalties; applicability; exemption.—
354             (1)(a)        A contest operator, or an employee or agent
355      thereof, that violates this act is subject to an administrative
356      fine not to exceed $5,000 for each violation and not to exceed
357      $100,000 in the aggregate. All fines imposed and collected under
358      this subsection must be deposited with the Chief Financial
359      Officer to the credit of the General Revenue Fund. An action to
360      recover such penalties may be brought by the commission or the
361      Department of Legal Affairs in the name and on behalf of the
362      state.
363             (b)         The penalty provisions established in this subsection
364      do not apply to violations committed by a contest operator which

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         PCB COM 24-01                                                                                          2024




365      occurred before the issuance of a license under this act if the
366      contest operator applies for a license within 90 days after the
367      date the commission begins accepting applications and receives a
368      license within 240 days after such date.
369             (2)         Fantasy sports contests conducted by a contest
370      operator or noncommercial contest operator in accordance with
371      this act are not subject to s. 849.01, s. 849.08, s. 849.09, s.
372      849.11, s. 849.14, or s. 849.25.
373             Section 9.         Paragraph (b) of subsection (3) of section
374      16.71, Florida Statutes, is amended to read:
375             16.71        Florida Gaming Control Commission; creation;
376      meetings; membership.—
377             (3)         REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
378             (b)         The Governor may not solicit or request any
379      nominations, recommendations, or communications about potential
380      candidates for appointment to the commission from:
381             1.      Any person that holds a permit or license issued under
382      chapter 550, or a license issued under chapter 546, chapter 551,
383      or chapter 849; an officer, official, or employee of such
384      permitholder or licensee; or an ultimate equitable owner, as
385      defined in s. 550.002(37), of such permitholder or licensee;
386             2.      Any officer, official, employee, or other person with
387      duties or responsibilities relating to a gaming operation owned
388      by an Indian tribe that has a valid and active compact with the
389      state; a contractor or subcontractor of such tribe or an entity
390      employed, licensed, or contracted by such tribe; or an ultimate

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         PCB COM 24-01                                                                                           2024




391      equitable owner, as defined in s. 550.002(37), of such entity;
392      or
393               3.      Any registered lobbyist for the executive or
394      legislative branch who represents any person or entity
395      identified in subparagraph 1. or subparagraph 2.
396               Section 10.            Paragraph (i) of subsection (1) of section
397      16.712, Florida Statutes, is amended to read:
398               16.712        Florida Gaming Control Commission authorizations,
399      duties, and responsibilities.—
400               (1)         The commission shall do all of the following:
401               (i)         Receive and review violations reported by a state or
402      local law enforcement agency, the Department of Law Enforcement,
403      the Department of Legal Affairs, the Department of Agriculture
404      and Consumer Services, the Department of Business and
405      Professional Regulation, the Department of the Lottery, the
406      Seminole Tribe of Florida, or any person licensed under chapter
407      24, part II of chapter 285, chapter 546, chapter 550, chapter
408      551, or chapter 849 and determine whether such violation is
409      appropriate for referral to the Office of Statewide Prosecution.
410               Section 11.            Paragraph (d) of subsection (1) and paragraph
411      (a) of subsection (2) of section 16.713, Florida Statutes, are
412      amended to read:
413               16.713        Florida Gaming Control Commission; appointment and
414      employment restrictions.—
415               (1)         PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION. —
416      The following persons are ineligible for appointment to the

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         PCB COM 24-01                                                                                          2024




417      commission:
418             (d)         A person who has had a license or permit issued under
419      chapter 546, chapter 550, chapter 551, or chapter 849 or a
420      gaming license issued by any other jurisdiction denied,
421      suspended, or revoked.
422             (2)         PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
423      INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
424      COMMISSION.—
425             (a)         A person may not, for the 2 years immediately
426      preceding the date of appointment to or employment with the
427      commission and while appointed to or employed with the
428      commission:
429             1.      Hold a permit or license issued under chapter 550 or a
430      license issued under chapter 546, chapter 551, or chapter 849;
431      be an officer, official, or employee of such permitholder or
432      licensee; or be an ultimate equitable owner, as defined in s.
433      550.002(37), of such permitholder or licensee;
434             2.      Be an officer, official, employee, or other person with
435      duties or responsibilities relating to a gaming operation owned
436      by an Indian tribe that has a valid and active compact with the
437      state; be a contractor or subcontractor of such tribe or an
438      entity employed, licensed, or contracted by such tribe; or be an
439      ultimate equitable owner, as defined in s. 550.002(37), of such
440      entity;
441             3.      Be a registered lobbyist for the executive or
442      legislative branch, except while a commissioner or employee of

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         PCB COM 24-01                                                                                          2024




443      the commission when officially representing the commission or
444      unless the person registered as a lobbyist for the executive or
445      legislative branch while employed by a state agency as defined
446      in s. 110.107 during the normal course of his or her employment
447      with such agency and he or she has not lobbied on behalf of any
448      entity other than a state agency during the 2 years immediately
449      preceding the date of his or her appointment to or employment
450      with the commission; or
451             4.      Be a bingo game operator or an employee of a bingo game
452      operator.
453
454      For the purposes of this subsection, the term "relative" means a
455      spouse, father, mother, son, daughter, grandfather, grandmother,
456      brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
457      law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
458      sister-in-law, stepfather, stepmother, stepson, stepdaughter,
459      stepbrother, stepsister, half brother, or half sister.
460             Section 12.            Paragraphs (b) and (c) of subsection (2) of
461      section 16.715, Florida Statutes, are amended to read:
462             16.715        Florida Gaming Control Commission standards of
463      conduct; ex parte communications.—
464             (2)         FORMER COMMISSIONERS AND EMPLOYEES.—
465             (b)         A commissioner may not, for the 2 years immediately
466      following the date of resignation or termination from the
467      commission:
468             1.      Hold a permit or license issued under chapter 550, or a

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         PCB COM 24-01                                                                                          2024




469      license issued under chapter 546, chapter 551, or chapter 849;
470      be an officer, official, or employee of such permitholder or
471      licensee; or be an ultimate equitable owner, as defined in s.
472      550.002(37), of such permitholder or licensee;
473             2.      Accept employment by or compensation from a business
474      entity that, directly or indirectly, owns or controls a person
475      regulated by the commission; from a person regulated by the
476      commission; from a business entity which, directly or
477      indirectly, is an affiliate or subsidiary of a person regulated
478      by the commission; or from a business entity or trade
479      association that has been a party to a commission proceeding
480      within the 2 years preceding the member's resignation or
481      termination of service on the commission; or
482             3.      Be a bingo game operator or an employee of a bingo game
483      operator.
484             (c)         A person employed by the commission may not, for the 2
485      years immediately following the date of termination or
486      resignation from employment with the commission:
487             1.      Hold a permit or license issued under chapter 550, or a
488      license issued under chapter 546, chapter 551, or chapter 849;
489      be an officer, official, or employee of such permitholder or
490      licensee; or be an ultimate equitable owner, as defined in s.
491      550.002(37), of such permitholder or licensee; or
492             2.      Be a bingo game operator or an employee of a bingo game
493      operator.
494             Section 13.            Subsection (7) is added to section 849.142,

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         PCB COM 24-01                                                                                          2024




495      Florida Statutes, to read:
496             849.142        Exempted activities.—Sections 849.01, 849.08,
497      849.09, 849.11, 849.14, and 849.25 do not apply to participation
498      in or the conduct of any of the following activities:
499             (7)         Fantasy sports contests conducted pursuant to chapter
500      546.
501             Section 14.            This act shall take effect July 1, 2024.




                                                    Page 20 of 20
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PCB COM 24-02
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 24-02 Fees
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Thompson           Hamon


                                              SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and
executive powers of the state with respect to gambling, excluding the state lottery. Generally, fantasy sports
contests are any of a number of games that permit a person to pay an entry fee and play either a virtual game
or a virtual season of a sport based on the performance statistics of real sports players. Currently, there is no
constitutional, statutory, or regulatory framework expressly allowing for fantasy contests to be conducted in
Florida.

PCB COM 24-01 is a linked bill that authorizes certain fantasy sports contests. PCB COM 24-01 creates the
“Fantasy Sports Contest Amusement Act” (Act), which authorizes fantasy sports contests to be offered by
contest operators or noncommercial contest operators in which a contest participant manages a fantasy or
simulation sports team composed of athletes from a professional sports organization.

The bill, PCB COM 24-02, imposes license fees on certain fantasy sports contest operators who offer fantasy
sports contests to members of the public in the state. Specifically, the bill requires contest operators to pay an
initial license application fee of $500,000 and renewal fees of $250,000 annually. Such fees:
      May not exceed 10 percent of the difference between the amount of entry fees collected by a contest
           operator from the operation of fantasy sports contests in this state, and the amount of cash or cash
           equivalents paid to contest participants in this state.
      Do not apply to individuals who act as noncommercial contest operators, who collect and distribute
           entry fees totaling no more than $1,500 per season or $10,000 annually, and who meet other specified
           requirements. The fees are to be paid to the Commission and deposited in the Pari-mutuel Wagering
           Trust Fund.

The bill:
    Requires fees for state and federal fingerprint processing and retention to be paid by license applicants;
    Requires the state cost for fingerprint processing to meet certain requirements;
    Authorizes the Commission to charge a $2 handling fee for each set of fingerprints submitted for a
        contest operator license; and
    Requires such fees collected by the Commission to be deposited into the Pari-mutuel Wagering Trust
        Fund.

The bill appears to have in indeterminate positive fiscal impact on state government, and no fiscal impact on
local government.

The bill is effective on the same date that PCB COM 24-01 or similar legislation takes effect, if adopted in the
same legislative session or any extension, and becomes law.

This bill imposes and authorizes new state fees, requiring a two-thirds vote of the membership of the
House. See Section III.A.2. of the analysis.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcb02.COM
DATE: 2/14/2024
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         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

         Florida Gaming Control Commission

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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         The Florida Gaming Control Commission (Commission) is a five-member regulatory body that is
         responsible for exercising all regulatory and executive powers of the state with respect to gambling,
         including pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming compacts, and
         other forms of gambling authorized by the State Constitution or law, excluding the state lottery. 13 The
         Commission is also the State Compliance Agency responsible for monitoring compliance with the
         provisions of the Gaming Compact between the Seminole Tribe of Florida and the State of Florida. 14

         The Division of Gaming Enforcement (Division) is a criminal justice agency15 tasked with the
         enforcement of Florida's gambling laws to combat illegal gambling activities. 16 While every law
         enforcement officer in the state of Florida has the authority to make arrests for violations of Florida’s
         gambling laws, the Division is the first law enforcement agency with illegal gambling as its primary
         responsibility.17

         The Division director and all investigators are certified and designated law enforcement officers, and
         have the power to detect, apprehend, and arrest for any alleged violation of the state’s gambling laws,
         or any law of this state.18 Such law enforcement officers may enter upon any premises at which gaming
         activities are taking place in the state for the performance of their lawful duties and may take with them
         any necessary equipment, and such entry does not constitute a trespass. 19

         The officers have the authority, without warrant, to search and inspect any premises where the violation
         is alleged to have occurred or is occurring. Investigators employed by the Commission are required to
         have access to, and the right to inspect, premises licensed by the Commission, to collect taxes and
         remit them to the officer entitled to them, and to examine the books and records of all persons licensed
         by the Commission.20

         The Division and its investigators are specifically authorized to seize, store, and test any contraband 21
         in accordance with the Florida Contraband Forfeiture Act. 22

         According to the Commission, the Division:23
             Participates in direct enforcement activities involving proactive investigations initiated by reports
                of illegal gambling, confidential sources, and investigative leads. Upon obtaining sufficient
                evidence, agents execute search warrants, resulting in arrests and the seizure of illegal
                gambling devices and contraband.
             Serves as a valuable resource for state and local law enforcement partners, providing expert
                guidance on the intricacies of Florida's gambling laws and regulations. Agents share their
                knowledge and experience, assisting other law enforcement agencies in identifying illegal
                gambling activities, gathering evidence, and building strong cases for prosecution. This
                collaborative approach ensures that illegal gambling operations are effectively investigated and
                disrupted.



13 See ss. 16.71-16.716, F.S.
14 S. 285.710,  F.S.
15 S. 16.711(1), F.S.
16 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, pg. 6, https://flgaming.gov/pmw/annual-

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

equipment, gambling device, apparatus, material of gaming, proceeds, substituted proceeds, real or personal property, Interne t domain
name, gambling paraphernalia, lottery tickets, money, currency, or other means of exchan ge which was obtained, received, used,
attempted to be used, or intended to be used in violation of the gambling laws of the state, including any violation of chapt er 24, part II
of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849.”
22 S. 16.711(4), F.S.
23 Id.
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         The Florida Department of Law Enforcement (FDLE) is required to provide assistance in obtaining
         criminal history information relevant to investigations required for honest, secure, and exemplary
         gaming operations, and such other assistance as may be requested by the Commission’s executive
         director and agreed to by the FDLE’s executive director. Any other state agency, including the
         Department of Business and Professional Regulation (DBPR) and the Department of Revenue (DOR),
         must, upon request, provide the Commission with any information relevant to any investigation
         conducted as described above, and the Commission must reimburse any agency for the actual cost of
         providing any such assistance.24

         Fantasy Sports Contests

         Generally, fantasy sports contests are any of a number of games that permit a person to pay an entry
         fee and play either a virtual game or a virtual season of a sport based on the performance statistics of
         real sports players. The player acts as both general manager and field manager of their team by
         building a roster through a draft and trades. Players make lineups in pursuit of statistically beating other
         players. The term “commissioner” has been used in the context of fantasy leagues to denote a person
         who manages a fantasy league, establishes league rules, resolves disputes over rule interpretations,
         publishes league standings, or selects the Internet service for publication of league standings. 25

         The two most-prominent fantasy sports in the U.S are fantasy baseball and fantasy football. 26
         Participation in fantasy sports contests grew dramatically in the 1990s due to greater access to game
         and player statistics through growing access to the Internet. 27

         Daily fantasy sports contests are an accelerated version of fantasy sports contests, which are played
         across a shorter period of time. For example, daily fantasy contests may be played over a single week
         in a season, rather than the entire season. Daily fantasy contests are typically played as "contests"
         which require an entry fee. The fee funds an advertised prize pool from which the fantasy contest
         operator (such as FanDuel or DraftKings) takes a percentage as revenue. 28 The legality of daily fantasy
         contests has been challenged in many states and jurisdictions, with some critics arguing that the
         contests more closely resemble proposition wagering on athlete performance than traditional fantasy
         contests.

         The online fantasy sports contest industry is now a multi-billion dollar industry in the United States.29 In
         2022, an estimated 62.5 million people competed in fantasy contests in the United States and
         Canada.30

         Legality of Fantasy Sports Contests in Florida

         Florida law does not specifically address fantasy sports contests. Currently, there is no constitutional,
         statutory, or regulatory framework expressly allowing for fantasy contests to be conducted in the State
         of Florida. Moreover, Florida courts have not addressed whether Florida’s constitutional and statutory
         prohibitions on gambling apply to fantasy contests. Florida’s Attorney General has opined in the past
         that some fantasy contests appear to violate state gambling laws. 31

24 Section 16.711(5),   F.S.
25 See Bernhard & Eade, Gambling in a Fantasy World: An Exploratory Study of Rotisserie Baseball Games, 9 UNLV Gaming

Research & Review Journal Issue 1, at 30, at http://digitalscholarship.unlv.edu/grrj/vol9/iss1/3/ (last visited Feb. 9, 2024).
26 Adam Augustyn, Britannica.com, Fantasy sport, https://www.britannica.com/sports/fantasy-sport (last visited Feb. 9, 2024).
27 Ben Klayman, Reuters, Technology spurs growth of fantasy sports in U.S. (Sep. 24, 2008)

https://www.reuters.com/article/idUSTRE48O039/ (last visited Feb. 9, 2024).
28 Adam Kilgore, The Washington Post, Daily fantasy sports Web sites find riches in Internet gaming law loophole, (Mar. 27, 2015)

https://www.washingtonpost.com/sports/daily-fantasy-sports-web-sites-find-riches-in-internet-gaming-law-
loophole/2015/03/27/92988444-d172-11e4-a62f-ee745911a4ff_story.html.
29 Curt Woodward, The Boston Globe, Fantasy sports book gives insider view of DraftKings’ explosion , (Mar. 6, 2017)

https://www.bostonglobe.com/business/2017/03/06/fantasy-sports-book-gives-insider-view-draftkings-
explosion/qntMQJiIW2IKhrBNXPx2SK/story.html (last visited Feb. 9, 2024).
30 Fantasy Sports & Gaming Association, Industry Demographics, https://thefsga.org/industry-demographics/ (last visited Feb. 9,

2024).
31 91-03 Fla. Op. Att'y Gen. (1991).
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           Section 849.14, F.S., provides that a stake, bet, or wager of money or another thing of value placed
           "upon the result of any trial or contest of skill, speed, power, or endurance of human or beast" is
           unlawful. Receiving money or acting as the custodian or depositary of money as part of such a stake,
           bet, or wager is also unlawful.

           Section 849.25, F.S., Florida's anti-bookmaking statute, defines bookmaking as "the act of taking or
           receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of
           any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or
           mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event
           whatsoever." The statute includes factors that are to be considered evidence of bookmaking, including
           charging a percentage on accepted wagers, receiving more than five wagers in a day, and receiving
           over $500 in total wagers in a single day or over $1500 in a single week. 32

           On January 8th, 1991, Florida Attorney General (AG) provided an advisory legal opinion33 regarding
           whether participation in a fantasy sports league violated Florida's gambling laws. The opinion
           concluded that the operation of a fantasy league would violate s. 849.14, F.S., and that since the
           fantasy sports league's entry fee was used to make up the prizes, it qualified as a "stake, bet, or wager"
           under Florida law.34 The AG stated that, "while the skill of the individual contestant picking the members
           of the fantasy team is involved, the prizes are paid to the contestants based upon the performance of
           the individual professional football players in actual games."35

           The AG concluded that contests in which the skill of the contestant predominates over the element of
           chance, such as in certain sports contests, are not prohibited lotteries. As an example, he noted that
           golf and bowling tournaments were contests of skill and were not prohibited. He considered that "it
           might well be argued that skill is involved in the selection of a successful fantasy team by requiring
           knowledge of the varying abilities and skills of the professional football players who will be selected to
           make up the fantasy team."36

           Recently, the Commission has issued cease and desist correspondence to various companies
           operating fantasy contests in the state concerning possible violations of Florida’s gambling laws. The
           letters have generated controversy, concern, and interest from contest operators, elected officials, and
           the Seminole Tribe of Florida, which has entered into gaming compacts with the state. 37

           Legality of Fantasy Sports in Federal Law

           The federal Unlawful Internet Gambling Enforcement Act of 200638 (UIGEA) prohibits the processing of
           certain online financial wagering to prevent payment systems from being used in illegal online
           gambling. The UIGEA prohibits gambling businesses from knowingly accepting payments in connection
           with a "bet or wager" that involves the use of the Internet and that is unlawful under any federal or state
           law.

           The UIGEA expressly states that participation in fantasy or simulation sports contests is not included in
           the definition of “bet or wager”39 when certain conditions are met. For purposes of the UIGEA,
           participation in a fantasy or simulation sports contest is not a bet or wager when:



32 S. 849.25(1)(b),  F.S.
33 91-03  Fla. Op. Att'y Gen. (1991).
34 Creash v. State, 131 Fla. 111, 118 (Fla. 1938).
35 91-03 Fla. Op. Att'y Gen. (1991).
36 Id. Also, a 1990 Florida Attorney General advisory legal opinion provides that a golf hole -in-one contest, which is an exercise of

skill, with an entry fee where such fee does not go toward the purse or prize does not violate the state’s gambling laws. 90-58 Fla. Op.
Att’y Gen. (1990).
37 See https://www.floridatrend.com/article/38854/questions-swirl-around-fantasy-sports (last visited Jan. 23, 2024).
38 31 U.S.C. § 5361-5366 (2006).
39 31 U.S.C. § 5362(1) (2006).
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                •   Prizes and awards offered to winning participants are established and made known in advance
                    of the game or contest and the value is not determined by the number of participants or amount
                    of fees paid by the participants.
                •   Winning outcomes reflect the relative knowledge and skill of the participants and are determined
                    predominantly by accumulated statistical results of the performance of individuals.
                •   Winning outcomes are not based on the score, point spread, or any performance of any single
                    sports team or combination of such teams or solely on a single performance of an individual
                    athlete in a single sporting event.

         Contest operators argue that they are legal under the UIGEA. In Humphrey v. Viacom, Inc., the court
         determined that because the entry fee was paid "unconditionally," the owner did not participate, and the
         prizes were guaranteed and determined in advance, the fantasy contest entry fees were not "wagers"
         under the act.40 However, although the UIGEA exempts fantasy and simulation sports contests from the
         application of the UIGEA, it does not make such contests legal generally. The UIGEA does not change
         or preempt any other federal or state law. As expressed in the Rule of Construction in the UIGEA, "no
         provision of this subchapter shall be construed as altering, limiting, or extending any federal or state
         law or tribal-state compact prohibiting, permitting, or regulating gambling within the United States."41
         Therefore, any other state or federal law could apply.

         The federal Illegal Gambling Business Act of 1970 (IGBA) 42 defines an "illegal gambling business" as a
         gambling business that is in violation of the law of the state in which it is conducted, involves five or
         more persons who conduct or manage all or part of such business, and that has been in continuous
         operation for a period of more than 30 days or has a gross revenue of $2000 in a single day. The IGBA
         specifically exempts savings promotion raffles and bingo games, lotteries, or other games of chance
         operated by certain non-profit corporations.43 An employee or company that has violated the IGBA is
         subject to penalties including fines, forfeiture of profits and assets, and imprisonm ent for up to 5 years.

         Fantasy Sports Contests in the 2021 Compact

         The Seminole Indian Tribe of Florida (the Tribe) is a federally recognized Indian tribe whose
         reservations and trust lands are located in the State. A Gaming Compact between the Tribe and the
         State of Florida was executed by Governor Ron DeSantis and the Tribe on April 23, 2021 (the 2021
         Compact). The 2021 Compact was approved by the U.S. Department of the Interior on August 6, 2021,
         and became effective upon the publication of notice in the Federal Register on August 11, 2021.44

         Under the 2021 Compact, "fantasy sports contest" means a fantasy or simulation sports game or
         contest offered by a contest operator or a noncommercial contest operator in which a contest
         participant manages a fantasy or simulation sports team composed of athletes from a professional
         sports organization and that meets each of the following requirements:
             • All prizes and awards offered to winning contest participants are established and made known
                 to the contest participants in advance of the game or contest.
             • All winning outcomes reflect the relative knowledge and skill of the contest participants and are
                 determined predominantly by accumulated statistical results of the performance of individuals,
                 including athletes in the case of sporting events.
             • No winning outcome is based on the score, point spread, or any performance or performances
                 of any single actual team or combination of such teams, solely on any single performance of an
                 individual athlete or player in any single actual event, on a pari-mutuel event, as the term "pari-
                 mutuel" is defined in s. 550.002, Florida Statutes, as of January 1, 2021, on a game of poker or
                 other card game, or on the performances of participants in collegiate, high school, or youth
                 sporting events.
             • No casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-
                 style symbols, cards, dice, craps, roulette, or lotto, are displayed or depicted.

40 Humphrey v. Viacom, Inc., 2007 WL 1797648   (D.N.J. June 20, 2007).
41 31 U.S..C. § 5361(b) (2006).
42 18 U.S.C. § 1995 (1970).
43 See 26 U.S.C. § 501.
44 Fed. Register, Vol. 86, No. 153 at 44037.
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         The 2021 Compact allows the Tribe to offer fantasy sports contests at all their facilities. However, the
         2021 Compact does not include fantasy sports contests in the games for which the Tribe is granted
         exclusivity to conduct in the state.

         2021 Compact Litigation

         The state received payments due under the 2021 Compact beginning October 2021. The U.S. District
         Court for the District of Columbia set aside the federal approval of the 2021 Compact on November 22,
         2021. The Seminole Tribe continued making revenue sharing payments to the state through February
         2022, and then discontinued all payments. Between October 2021 and February 2022, the state
         received five payments of $37.5 million, totaling $187.5 million. 45

         After the U.S. Supreme Court ordered a stay on the U.S. District Court for the District of Columbia
         ruling, revenue sharing payments from the Seminole Tribe to the state resumed in January 2024. 46
         Currently, there is a proceeding pending in the U.S. Supreme Court challenging the legality of the 2021
         Compact, but that court has not yet determined to accept the case.47

         Litigation relating to the legality of the 2021 Compact is currently pending in the Florida Supreme
         Court,48 challenging the off-reservation mobile sports betting authorized in the 2021 Compact and in
         Florida law49 as a violation of the Florida Constitution (Article X, Section 30 to the Florida Constitution).
         The challenged actions include execution and ratification of the 2021 Compact and enactment of
         implementing legislation, as it relates to sports betting.

         Florida’s Sunrise Act

         Section 11.62, F.S., is Florida’s sunrise review, which is called the Sunrise Act. The Sunrise Act states
         that regulation should not be adopted unless it is:
              Necessary to protect the public health, safety, or welfare from significant and discernible harm
                 or damage;
              Exercised only to the extent necessary to prevent the harm; and
              Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
                 affect public access to the professional services.

         In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
         to consider the following:
              Whether the unregulated practice of the profession or occupation will substantially harm or
                 endanger the public health, safety, or welfare, and whether the potential for harm is
                 recognizable and not remote;
              Whether the practice of the profession or occupation requires specialized skill or training and
                 whether that skill or training is readily measurable or quantifiable so that examination or training
                 requirements would reasonably assure initial and continuing professional or occupational ability;


45 See the review of the Indian Gaming   Revenues by the Revenue Estimating Conference/Impact Conference at
http://www.edr.state.fl.us/Content/conferences/Indian-gaming/IndianGamingSummary.pdf (last visited Jan. 23, 2024). The Office of
Economic and Demographic Research (EDR) is a research arm of the Legislature principally concerned with forecasting economic
and social trends that affect policy making, revenues, and appropriations. At the requ est of the legislative committees or other
members of an estimating conference, EDR conducts impact assessments of proposed policy changes. Often, EDR's estimates are
incorporated in the committee bill analysis or fiscal note. In some cases, committees will request EDR to take a particular proposal to
a consensus estimating conference to obtain an impact estimate that is formally agreed to by both houses of the Legislature a nd by the
Governor's Office.
46 The resumption of Indian Gaming Revenues will be reviewed by the Revenue Estimating Conference/Impact Conference.
47 See Order in Pending Case, No. 23A315 (Oct. 25, 2023) in West Flagler Associates, Ltd., et al. v. Haaland, Application for Stay

Denied with Statement of Justice Kavanaugh, 601 U.S. ___ (2023), available at 23A315 West Flagler Associates, Ltd. v. Haaland
(10/25/2023) (supremecourt.gov) (last visited Feb. 9, 2024).
48 West Flagler Associates, et al., v. Ron D. DeSantis, et al., SC 2023-1333, Petition for Writ of Quo Warranto.
49 See s. 285.710(13(b)7., F.S.
STORAGE NAME: pcb02.COM                                                                                                        PAGE: 7
DATE: 2/14/2024
              Whether the regulation will have an unreasonable effect on job creation or job retention in the
               state or will place unreasonable restrictions on the ability of individuals who seek to practice or
               who are practicing a given profession or occupation to find employment;
              Whether the public is or can be effectively protected by other means; and
              Whether the overall cost-effectiveness and economic impact of the proposed regulation,
               including the indirect costs to consumers, will be favorable.

       The Sunrise Act requires proponents of legislation that propose new regulation on professions or
       occupations to provide the following information, upon request, by the agency proposed to have
       jurisdiction or the legislative committee to which the legislation is referred, to document the need for
       regulation:
             The number of individuals or businesses that would be subject to the regulation;
             The name of each association that represents members of the profession or occupation,
               together with a copy of its codes of ethics or conduct;
             Documentation of the nature and extent of the harm to the public caused by the unregulated
               practice of the profession or occupation, including a description of any complaints that have
               been lodged against persons who have practiced the profession or occupation in this state
               during the preceding three years;
             A list of states that regulate the profession or occupation, and the dates of enactment of each
               law providing for such regulation and a copy of each law;
             A list and description of state and federal laws that have been enacted to protect the public with
               respect to the profession or occupation and a statement of the reasons why these laws have not
               proven adequate to protect the public;
             A description of the voluntary efforts made by members of the profession or occupation to
               protect the public and a statement of the reasons why these efforts are not adequate to protect
               the public;
             A copy of any federal legislation mandating regulation;
             An explanation of the reasons why other types of less restrictive regulation would not effectively
               protect the public;
             The cost, availability, and appropriateness of training and examination requirements;
             The cost of regulation, including the indirect cost to consumers, and the method proposed to
               finance the regulation;
             The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
               a result of the regulation;
             The details of any previous efforts in this state to implement regulation of the profession or
               occupation; and
             Any other information the agency or the committee considers relevant to the analysis of the
               proposed legislation.

       The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
       Legislature with the following information:
           The resources required to implement and enforce the regulation;
           The technical sufficiency of the proposal, including its consistency with the regulation of other
              professions; and
           Any alternatives that may result in less restrictive or more cost-effective regulation.

       In determining whether to recommend regulation, the legislative committee reviewing the proposal must
       assess whether the proposed regulation is:
            Justified based on the statutory criteria and the information provided by both the proponents of
               regulation and the agency responsible for its implementation;
            The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
               and
            Technically sufficient and consistent with the regulation of other professions under existing law.

       Proposed Changes

STORAGE NAME: pcb02.COM                                                                                      PAGE: 8
DATE: 2/14/2024
         The bill imposes license fees on certain fantasy sports contest operators 50 who offer fantasy sports
         contests for a cash prize to members of the public.

         The bill requires contest operators to pay an initial license application fee of $500,000 and renewal fees
         of $250,000 annually. Such fees may not exceed 10 percent of the difference between the amount of:
              Entry fees collected by a contest operator from the operation of fantasy sports contests in this
                 state; and
              Cash or cash equivalents paid to contest participants in this state.

         The license fees do not apply to individuals who act as noncommercial contest operators by organizing
         and conducting fantasy or simulation sports contests in which:
             Contest participants are charged entry fees for the right to participate;
             Entry fees are collected, maintained, and distributed by the same natural person;
             The total entry fees collected, maintained, and distributed total no more than $1,500 per season
                 or $10,000 per calendar year; and
             All entry fees are returned to the contest participants in the form of prizes.

         The bill directs the Commission to require applicants for contest operator licensure to provide written
         evidence to the Commission of the proposed amount of entry fees and cash or cash equivalents to be
         paid to contest participants during the annual license period. Before a license renewal, a contest
         operator must:
              Provide written evidence to the Commission of the actual entry fees collected and cash or cash
                 equivalents paid to contest participants during the previous period of licensure; and
              Remit to the Commission any difference in a license fee which results from the difference
                 between the proposed amount of entry fees and cash or cash equivalents paid to contest
                 participants, and the actual amounts collected and paid during the previous period of licensure.

         The bill requires:
          Fees for state and federal fingerprint processing and retention to be borne by license applicants;
            and
          The state cost for fingerprint processing to meet the requirements of s. 943.053(3)(e), F.S., for
            records provided to persons or entities other than the specified exceptions.
                 o The fee per record for criminal history information provided pursuant to s. 943.053(3)(e),
                     F.S., is $24 per name submitted.

         The bill authorizes the Commission to charge a $2 handling fee for each set of fingerprints submitted
         for a contest operator license.

         The bill requires all fees collected by the Commission under s. 546.151, F.S., to be deposited into the
         Pari-mutuel Wagering Trust Fund.

         The bill is effective on the same date that PCB COM 24-01 or similar legislation takes effect, if adopted
         in the same legislative session or any extension, and becomes law.


    B. SECTION DIRECTORY:
         Section 1:        Creates s. 546.151, F.S., relating to fees.

         Section 2:        Provides an effective date.

50 PCB COM 24-01 (Fantasy Sports Contest Amusement Act) defines the term “contest operator” to mean “a person or entity that

offers fantasy sports contests for a cash prize to members of the public, but does not include a noncommercial contest operator in this
state. The term “noncommercial contest operator” is defined to mean “a natural person who organizes and conducts a fantasy or
simulation sports contest in which contes t participants are charged entry fees for the right to participate; entry fees are collected,
maintained, and distributed by the same natural person; the total entry fees collected, maintained, and distributed by such n atural
person do not exceed $1,500 per season or a total of $10,000 per calendar year; and all entry fees are returned to the contest
participants in the form of prizes.” Id.
STORAGE NAME: pcb02.COM                                                                                                         PAGE: 9
DATE: 2/14/2024
                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            Indeterminate. See Fiscal Comments

        2. Expenditures:
            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        See Fiscal Comments.

    D. FISCAL COMMENTS:
        The bill may have a indeterminate positive fiscal impact on state funds and indeterminate negative
        economic impact on the private sector. The number of fantasy sports contest operators that may apply
        for an initial license and renewals annually thereafter is unknown.

        The bill requires contest operators to pay to the Commission an initial license application fee of
        $500,000 and renewal fees of $250,000 annually. Such fees may not exceed 10 percent of the
        difference between the amount of:
              Entry fees collected by a contest operator from the operation of fantasy sports contests in this
                state; and
              Cash or cash equivalents paid to contest participants in this state.

        The license fees do not apply to individuals who act as noncommercial contest operators by organizing
        and conducting fantasy or simulation sports contests in which:
            Contest participants are charged entry fees for the right to participate;
            Entry fees are collected, maintained, and distributed by the same natural person;
            The total entry fees collected, maintained, and distributed total no more than $1,500 per season
                or $10,000 per calendar year; and
            All entry fees are returned to the contest participants in the form of prizes.

        The bill authorizes the Commission to charge a $2 handling fee for each set of fingerprints submitted
        for a contest operator license.

        The bill requires all fees collected by the Commission under the bill to be deposited into the Pari-mutuel
        Wagering Trust Fund.

        According to the Commission, the bill will likely require:
            An estimate by the Revenue Estimating Conference, but provides that the bill will likely result in
               a positive fiscal impact to the Pari-Mutuel Wagering Trust Fund.51

51 The Florida Gaming   Control Commission, Agency Analysis of 2024 SB 1566, p. 4-5 (Jan. 19, 2024).
STORAGE NAME: pcb02.COM                                                                                   PAGE: 10
DATE: 2/14/2024
                   Configuration changes to the current licensing system and software, to add a new license
                    category for fantasy contest operators.52

           The Florida Department of Law Enforcement (FDLE) notes it has inquired of the Commission to obtain
           an estimate of the potential increase, if any, in additional screenings required by the bill, and that the
           fiscal impact to state government is currently indeterminate.53

                                                      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 VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
               tax or fee be contained in a separate bill that contains no other subject and be approved by two-
               thirds of the membership of each house of the Legislature. As such, the bill appears to implicate Art.
               VII, s. 19 of the Florida Constitution because the bill:
                     Imposes license fees on certain fantasy sports contest operators who offer fantasy sports
                        contests for a cash prize to members of the public in this state.
                     Authorizes the Commission to charge a handling fee for each set of fingerprints submitted for
                        a contest operator license.

     B. RULE-MAKING AUTHORITY:
           None.

     C. DRAFTING ISSUES OR OTHER COMMENTS:
          None.


                              IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




52 Id. at 5.
53 The Florida Department of Law Enforcement, Agency Analysis of 2024 SB 1566, p. 3 (Jan. 12, 2024).
STORAGE NAME: pcb02.COM                                                                                            PAGE: 11
DATE: 2/14/2024
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




           PCB COM 24-02                                                                                        2024




    1                                         A bill to be entitled
    2              An act relating to fees; creating s. 546.151, F.S.;
    3              requiring applicants for a fantasy sports contest
    4              operator license to pay a specified application fee;
    5              requiring contest operators to pay a specified annual
    6              license renewal fee; prohibiting such fees from
    7              exceeding a specified amount; requiring applicants and
    8              contest operators to provide certain written evidence;
    9              requiring contest operators to remit certain fees;
10                 specifying that the costs for certain fingerprint
11                 processing and retention are borne by applicants;
12                 authorizing the Florida Gaming Control Commission to
13                 charge a specified handling fee related to fingerprint
14                 processing; requiring that certain fees be deposited
15                 into the Pari-mutuel Wagering Trust Fund; providing a
16                 contingent effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                 Section 1.         Section 546.151, Florida Statutes, is created
21         to read:
22                 546.151        Fees.—
23                 (1)         An applicant for a license as a fantasy sports contest
24         operator shall pay an initial license application fee of
25         $500,000 to the commission, and an applicant seeking to renew a

                                                         Page 1 of 3

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        PCB COM 24-02                                                                                        2024




26      fantasy sports contest operator license shall pay an annual
27      license renewal fee of $250,000 to the commission; however, the
28      respective fees may not exceed 10 percent of the difference
29      between the amount of entry fees collected by a contest operator
30      from the operation of fantasy sports contests in this state and
31      the amount of cash or cash equivalents paid to contest
32      participants in this state. The commission shall require a
33      contest operator applicant to provide written evidence of the
34      proposed amount of entry fees and cash or cash equivalents to be
35      paid to contest participants during the annual license period.
36      Before a license renewal, a contest operator must provide
37      written evidence to the commission of the actual entry fees
38      collected and cash or cash equivalents paid to contest
39      participants during the previous period of licensure. Before a
40      license renewal, a contest operator must remit to the commission
41      any difference in a license fee which results from the
42      difference between the proposed amount of entry fees and cash or
43      cash equivalents paid to contest participants and the actual
44      amounts collected and paid during the previous period of
45      licensure.
46              (2)         Fees for state and federal fingerprint processing and
47      retention shall be borne by an applicant for a contest operator
48      license. The state cost for fingerprint processing shall be as
49      provided in s. 943.053(3)(e) for records provided to persons or
50      entities other than those specified as exceptions therein.

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        PCB COM 24-02                                                                                        2024




51              (3)         The commission also may charge a $2 handling fee for
52      each set of fingerprints submitted for a contest operator
53      license.
54              (4)         All fees collected by the commission under this
55      section shall be deposited into the Pari-mutuel Wagering Trust
56      Fund.
57              Section 2.         This act shall take effect on the same date
58      that PCB COM 24-01 or similar legislation takes effect, if such
59      legislation is adopted in the same legislative session or an
60      extension thereof and becomes a law.




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