Industries & Professional Activities Subcommittee, Wednesday, March 12, 2025
Summary
Meeting packet for the Industries & Professional Activities Subcommittee of the Florida House of Representatives Commerce Committee, for Wednesday, March 12, 2025, 1:00 PM - 4:00 PM in Webster Hall. The agenda lists bills for consideration, among them HB 299 on elevator accessibility requirements, HB 541 on minimum wage requirements and HB 729 on veterinary professional associates. The bill analysis for HB 299 states that only one interior support rail in an elevator must be continuous and at least 42 inches long, instead of all interior support rails. It states an effective date of July 1, 2025.
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Industries & Professional Activities
Subcommittee
Wednesday, March 12, 2025
1:00 PM – 4:00 PM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Industries & Professional Activities Subcommittee
Daniel Perez Mike Giallombardo
Speaker Chair
Meeting Agenda
Wednesday, March 12, 2025
1:00pm – 4:00pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 299 Elevator Accessibility Requirements by Woodson
• HB 403 Limited Liability Companies by Persons-Mulicka
• HB 429 Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers by
Yeager
• HB 505 Location of Equipment Owned by Amusement Business Owner by
Botana
• HB 535 Public Lodging and Public Food Service Establishments by Johnson
• HB 541 Minimum Wage Requirements by Chamberlin
• HB 543 Third-party Reservation Platforms by Oliver
• HB 551 Fire Prevention by Borrero
• HB 641 Food Additives by Tendrich, Gonzalez Pittman
• HB 683 Construction Regulations by Griffitts
• HB 715 Roofing Services by Porras
• HB 729 Veterinary Professional Associates by Melo
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 299
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 299 COMPANION BILL: SB 960 (Bernard)
TITLE: Elevator Accessibility Requirements LINKED BILLS: None
SPONSOR(S): Woodson RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill specifies that only one interior support rail in an elevator must be continuous and at least 42 inches long,
instead of requiring all interior support rails in an elevator to meet these requirements.
Fiscal or Economic Impact:
The bill may result in more interior support rails in elevators, which could reduce injuries.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill specifies that only one interior support rail in an elevator must be continuous and at least 42 inches long,
instead of requiring all interior support rails in an elevator to meet these requirements. (Section 1)
Interior support rails will still have to meet the other current law requirements regardless if they are 42 inches
long and continuous.
The bill provides an effective date of July 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Elevator Regulation
The Elevator Safety Act, located in ch. 399, F.S., establishes the minimum standards for elevator personnel in order
“to provide for the safety of life and limb and to promote public safety awareness”. 1 The Elevator Safety Act broadly
defines the term “elevator” to include: 2
• Hoisting Mechanical Devices;
• Escalators;
• Dumbwaiters;
• Moving Walks;
• Inclined Stairway Chairlifts; and
• Inclined or Vertical Wheelchair Lifts.
1 S. 399.001, F.S.
2 S. 399.01(6), F.S.
STORAGE NAME: h0299.IPA
DATE: 3/10/2025
1
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional Regulation
has both rulemaking and enforcement authority under ch. 399, F.S. The Division is also responsible for issuing
elevator permits and certificates of operation for companies or individuals to install, service or inspect elevators. 3
The Elevator Safety Act prohibits an elevator from being “erected, constructed, installed or altered” until a permit
is issued from DBPR. The Act further requires each elevator to have a certificate of operation from the DBPR
before being operated. 4
Interior Support Rails
The Elevator Safety Act requires every elevator, except elevators in private residences, to have at least one support
rail to assist persons with physical handicaps. 5
Support rails must be continuous and have a minimum length of 42 inches. Support rails must also be: 6
• Smooth and have no sharp edges;
• Not more than 1.5 inches thick or 2.5 inches in diameter;
• Between 31-33 inches off the ground; and
• 1.5 inches from the elevator’s wall.
OTHER RESOURCES:
U.S. Access Board: Guide to the ADA Accessibility Standards
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Commerce Committee
3 S. 399.10, F.S.
4 S. 399.03(1) and (5), F.S.
5 Ss. 399.02, and 399.035, F.S.
6 S. 399.035, F.S.
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2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 299 2025
1 A bill to be entitled
2 An act relating to elevator accessibility
3 requirements; amending s. 399.035, F.S.; requiring
4 elevator car interiors to have at least one support
5 rail that meets certain specifications; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (1) of section
11 399.035, Florida Statutes, is amended to read:
12 399.035 Elevator accessibility requirements for the
13 physically handicapped.—
14 (1) Each elevator, the installation of which is begun
15 after October 1, 1990, must be made accessible to physically
16 handicapped persons with the following requirements:
17 (b) Each elevator car interior must have a support rail on
18 at least one wall. All support rails must be smooth and have no
19 sharp edges and must not be more than 1 1/2 inches thick or 2
20 1/2 inches in diameter. At least one support rail Support rails
21 must be continuous and a minimum length of 42 inches overall.
22 The inside surface of support rails must be 1 1/2 inches clear
23 of the car wall. The distance from the top of the support rail
24 to the finished car floor must be at least 31 inches and not
25 more than 33 inches. Padded or tufted material or decorative
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb299-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 299 2025
26 materials such as wallpaper, vinyl, cloth, or the like may not
27 be used on support rails.
28 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb299-00
HB 403
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 403 COMPANION BILL: SB 316 (Berman)
TITLE: Limited Liability Companies LINKED BILLS: None
SPONSOR(S): Persons-Mulicka RELATED BILLS: None
Committee References
Civil Justice & Claims Industries & Professional Judiciary
18 Y, 0 N Activities
SUMMARY
Effect of the Bill:
HB 403 creates The Uniform Protected Series Provisions in ss. 605.2101-605.2802, F.S., within the Limited Liability
Company Act, to allow for the formation of a “protected series LLC” under Florida law. The bill also recognizes the
structure of existing foreign protected series LLCs wishing to do business in Florida.
Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact on state government and an indeterminate economic impact on
the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates The Uniform Protected Series Provisions in ss. 605.2101-605.2802, F.S., within the Limited Liability
Company (“LLC”) Act, to allow for the formation of a unique form of Limited Liability Company – that is, a
protected series LLC (“series LLC”) – under Florida law. (Section 5) These provisions also recognize the structure
of existing foreign series LLCs wishing to do business in Florida. Practically speaking, this may encourage a
business wishing to organize as a protected series LLC to organize under Florida law, and may encourage existing
foreign series LLCs to bring their business to the state.
Series LLC Formation
The bill defines “series LLC” to mean a domestic LLC with at least one protected series established under s.
605.2201, F.S. (Section 6) The bill also specifies that the provisions of the LLC Act applicable to the formation of an
LLC generally also apply to the formation of a series LLC or protected series, except as otherwise provided, and
establishes provisions specific to the formation of a series LLC or protected series. (Section 12)
Designation of Protected Series
The bill creates s. 605.2201, F.S., to provide that, with the affirmative vote or consent of all members of an LLC, the
LLC may establish a protected series. To establish a protected series after such a vote, the bill requires an LLC to
deliver to the Department of State (“DOS”) for filing a protected series designation, signed by the LLC, stating the
names of the LLC and of the protected series to be established, and any other information DOS requires for filing.
Under the bill, a protected series is established when the protected series designation takes effect. To amend such a
designation, a series LLC must deliver to DOS for filing a statement of designation change, signed by the company,
that sets forth:
• The names of the series LLC and of the protected series to which the designation applies;
STORAGE NAME: h0403b.IPA
DATE: 3/10/2025
1
• Each change to the protected series designation; and
• A statement that the change was approved by the affirmative vote or consent of the members of the series
LLC required to make the designated change.
The amendment takes effect when the statement of designation change takes effect. (Section 13)
Protected Series Name
The bill creates s. 605.2202, F.S., to specify that a protected series’ name generally must meet the statutory
requirements for LLC names. However, under the bill, a protected series’ name must also:
• Begin with the series LLC’s name, including any word or abbreviation required by the LLC Act; and
• Contain the phrase “protected series” or the abbreviation “P.S.” or “PS.”
If a series LLC changes its name, the LLC must deliver to DOS for filing a statement of designation change for each
of the LLC’s protected series, changing the name of each such series to comply with this section. (Section 14)
Nature of a Protected Series
The bill creates s. 605.2103, F.S. to provide that a protected series is a person 1 distinct from all of the following:
• The series LLC, generally.
• Another protected series of the series LLC.
• A member of the series LLC, regardless of whether the member is an associated member 2 of the protected
series.
• A protected-series transferee 3 of a protected series of the series LLC.
• A transferee of a transferrable interest 4 of the series LLC. (Section 7)
Powers and Duties of a Protected Series
The bill creates s. 605.2104, F.S., to provide that a protected series:
• Can sue and be sued in its own name.
• Generally has the same powers and purposes as the series LLC.
• Ceases to exist not later than when the series LLC completes its winding up.
• May not:
o Be a member of the series LLC;
o Establish a protected series; or
o Except as otherwise authorized by Florida law, have a purpose or power, or take an action, that
Florida law prohibits an LLC from having or taking. (Section 8)
Liability Limitations
The bill recognizes both the traditional, vertical liability shield of an LLC and the new, horizontal liability shield of a
series LLC, and establishes the limitations of such shields as applied to a series LLC.
1 “Person” means an individual, business corporation, nonprofit corporation, partnership, limited partnership, LLC, limited cooperative
association, unincorporated nonprofit association, statutory trust, business trust, common law business trust, estate, trust, association, joint
venture, public corporation, government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity. The
definition also includes a protected series and a foreign protected series. (Section 6)
2 An “associated member” is a series LLC member that meets statutory requirements and is associated with a protected series. (Section 6)
3 “Protected-series transferee” means a person to which all or part of a protected-series transferable interest of a protected series has been
transferred, other than the series LLC company, and includes a person that owns a protected-series transferable interest as a result of
ceasing to be an associated member of a protected series. (Section 6)
4 “Protected series transferrable interest” means the right, as initially owned by a person in the person’s capacity as an associated member,
to receive distributions form a protected series, regardless of whether the person remains a member or continues to own any part of the
right. The term also includes a fraction of an interest. (Section 6)
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2
Liability Shield
The bill creates s. 605.2401, F.S., to provide that the following concepts generally apply:
• A series LLC’s debt, obligation, or other liability is solely the debt, obligation, or liability of the series LLC.
• A protected series’ debt, obligation, or other liability is solely the debt, obligation, or liability of the
protected series.
• A series LLC is not liable, directly or indirectly, by way of contribution or otherwise, for a debt, obligation,
or other liability of its protected series solely by reason of the protected series being a protected series of
the series LLC, or the series LLC:
o Being or acting as a protected-series manager of the protected series;
o Having the protected series manage the series LLC; or
o Owning a protected-series transferrable interest of the protected series.
• A protected series is not liable, directly or indirectly, by way of contribution or otherwise, for a debt,
obligation, or other liability of the series LLC or another protected series of the series LLC, solely by reason
of:
o Being a protected series of the series LLC;
o Being or acting as a manager of the series LLC or a protected-series manager of another protected
series of the company; or
o Having the series LLC or another protected series of the company be or act as a protected-series
manager of the protected series.
Further, the bill specifies that a person is not liable, directly or indirectly, by way of contribution or otherwise, for a
debt, obligation, or other liability of:
• A protected series of a series LLC solely by reason of being or acting as:
o An associated member, protected-series manager, or protected-series transferee of the protected
series; or
o A member, manager, or a transferee of the series LLC.
• A series LLC solely by reason of being or acting as an associated member, protected-series manger, or
protected-series transferee of a protected series of the such LLC. (Section 24)
Claim Seeking to Disregard Liability Limitation
The bill creates s. 605.2402, F.S., to provide that a claim seeking to disregard a liability limitation pertaining to a
series LLC, a protected series, or persons connected thereto, including a principal providing a right to a creditor or
holding a person liable for a debt, obligation, or other liability of another person, is governed by the principles of
law and equity which would apply if each protected series were an LLC formed separately from the series LLC and
distinct from the series LLC and any other protected series of such LLC. The bill also specifies that:
• Failure of an LLC or a protected series to observe the formalities of its activities and affairs is not grounds
to disregard a limitation in s. 605.2401(1), F.S., relating to the liability of persons acting in specified roles,
but may be grounds to disregard a limitation in s. 605.2401(2), F.S., relating to the liability of a protected
series or series LLC.
• This section applies to a claim seeking to disregard a liability limitation applicable to a foreign series LLC 5
or a foreign protected series 6 and comparable to a limitation stated in s. 605.2401, F.S., if:
o The claimant is a Florida resident, transacting business in Florida, or authorized to transact
business in Florida; or
o The claim is to establish or enforce a liability arising under Florida law other than the LLC Act or
from an act or omission in Florida. (Section 25)
5 A “foreign series LLC” is a foreign LLC that has at least one foreign series or protected series. (Section 6)
6 A “foreign protected series” is a series, protected series, protected cell, segregated account, or similar part of a foreign LLC, however the
part is denominate, which is established under law that limits, or limits if conditions specified under law are satisfied, the liability of the part
to a creditor of the foreign company or of another part of the structure, regardless of whether the law uses the term “protected series.”
(Section 6)
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3
Remedies of Certain Judgment Creditors
The bill creates s. 605.2403, F.S., to specify that the provisions of s. 605.0503, F.S., which provide or restrict
remedies available to a judgment creditor 7 of a member or transferee of an LLC, apply to a judgment creditor of:
• An associated member or other holder of a protected series transferable interest in a protected series of a
series LLC or foreign series LLC; and
• A series LLC, to the extent the LLC owns a protected-series transferable interest of a protected series.
(Section 26)
Enforcement of Claim Against Non-Associated Assets
The bill creates s. 605.2404, F.S., to specify that, if a claim against a series LLC or a protected series of the LLC has
been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be
enforced in accordance with the following:
• A judgment against a series LLC may be enforced against an asset 8 of a protected series of the LLC if the
asset:
o Was a non-associated asset 9 of the protected series on the incurrence date; 10 or
o Is a non-associated asset of the protected series on the enforcement date. 11
• A judgment against a protected series may be enforced against the series LLC if the asset:
o Was a non-associated asset of the series LLC on the incurrence date; or
o Is a non-associated asset of the series LLC on the enforcement date.
• A judgment against a protected series may be enforced against an asset of another protected series of the
series LLC if the asset:
o Was a non-associated asset of the other protected series on the incurrence date; or
o Is a non-associated asset of the other protected series on the enforcement date.
Further, under the bill:
• If a claim against a series LLC or a protected series has not been reduced to a judgment, and a law other
than the LLC Act authorizes a prejudgment remedy by attachment, 12 levy, 13 or the like, the court may apply
the foregoing as a prejudgment remedy.
• The party asserting that an asset is or was an associated asset of a series LLC or a protected series has the
burden of proof on the issue.
• Newly-created s. 605.2404, F.S., applies to an asset of a foreign series LLC or foreign protected series under
specified circumstances, including that the asset is real or tangible property located in Florida. (Section 27)
Protected Series LLC Operations and Governance
The bill specifies that the provisions of the LLC Act applicable to LLCs in general, and their members and managers,
including, but not limited to, provisions relating to LLC operation, existence, and management; court proceedings;
7 A “judgment creditor” is a person with the right to demand the payment of monetary damages awarded as part of a judgment rendered in a
civil action. Legal Information Institute, Judgment Creditor, https://www.law.cornell.edu/wex/judgment_creditor (last visited Mar. 5, 2025).
8 “Asset” means property: (a) in which a series LLC or a protected series has rights; or (b) as to which the series LLC or protected series has
the power to transfer rights. (Section 6)
9 A “non-associated asset” means: (a) an asset of a series LLC which is not an associated asset of such LLC; or (b) an asset of a protected
series which is not an associated asset of the protected series. (Section 6) “Associated asset,” meanwhile, means an asset that meets the
requirements of s. 605.2301, F.S. In other words, associated assets have only one owner (that is, either the series LLC or the protected
series), while non-associated assets are available to the creditors of both the series LLC and the protected series. (Section 6)
10 “Incurrence date” means the date on which a series LLC or protected series incurred the liability giving rise to a claim that a claimant
seeks to enforce under s. 605.2404, F.S. (Section 27)
11 “Enforcement date” means 12:01 a.m. on the date on which a claimant first serves process on a series LLC or protected series in an action
seeking to enforce a claim against an asset of the LLC or protected series by attachment, levy, or the like under s. 605.2404, F.S. (Section 27)
12 An “attachment” is a court order directing the freezing or seizure of specific assets belonging to a debtor, pending the outcome of a civil
matter involving a creditor who may obtain a judgment in his or her favor that could be satisfied by the sale or application of the assets.
Legal Information Institute, Attachment, https://www.law.cornell.edu/wex/attachment (last visited Mar. 5, 2025).
13 A “levy” is the court-ordered seizure and sale of property to satisfy a delinquent debt or judgment. Legal Information Institute, Levy,
https://www.law.cornell.edu/wex/levy (last visited Mar. 3, 2025).
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4
and filings with DOS and other state or local government agencies, generally apply to each series LLC and to each
protected series established under s. 605.2201, F.S. (Section 12) The bill also creates provisions of the LLC Act
applicable only to the operation and governance of a series LLC and a protected series.
Protected Series Governing Law
The bill creates ss. 605.2105 to provide that Florida law governs:
• The internal affairs of a protected series.
• The relations between a protected series and specified parties, including the series LLC and another
protected series of such LLC.
• The liability of a person for a debt, obligation, or other liability of a protected series arising under specified
circumstances.
• The liability of a series LLC for a debt, obligation, or other liability of its protected series arising under
specified circumstances.
• The liability of a protected series for a debt, obligation, or other liability of the series LLC arising under
specified circumstances. (Sections 9)
Similarly, the bill creates s. 605.2701, F.S., to provide that, where the series LLC is a foreign protected series, such
matters are generally governed by the law of the foreign protected series’ jurisdiction of formation. (Section 39)
Operating Agreements
The bill creates s. 605.2106, F.S., to provide that a series LLC’s operating agreement generally governs the internal
affairs of a protected series and relations between a protected series and specified parties. The bill also specifies:
• How such matters are determined if the operating agreement of a series LLC does not provide for such
matters in an authorized manner.
• How certain restrictions on operating agreements imposed by the LLC Act or other laws apply. (Section 10)
Further, the bill creates s. 605.2107, F.S., to provide that an operating agreement for a series LLC may not vary the
effect of specified provisions of law created by the bill, except to the extent otherwise specified therein. Under the
bill, an operating agreement may not unreasonably restrict the duties and rights of a person who is not an
associated member of a protected series to information concerning the protected series, but may impose
reasonable restrictions on the availability and use of such information, and may provide appropriate remedies,
including liquidated damages, for a breach of any reasonable restriction on such use. (Section 11)
Registered Agent
The bill creates s. 605.2203, F.S., to provide that the registered agent in Florida for a series LLC is the registered
agent in Florida for each protected series of that LLC, but a series LLC must agree with a registered agent that the
agent will serve as the registered agent in Florida for the LLC and for each protected series of the LLC before
delivering a protected series designation to DOS for filing. Further, under the bill, a person that ceases to be the
registered agent for a:
• Series LLC ceases to be the registered agent for each protected series of such LLC.
• Protected series, other than as a result of the termination of the protected series, ceases to be the
registered agent of the series LLC and any other protected series of such LLC.
Finally, the bill provides that, except as otherwise agreed upon by a series LLC and its registered agent, the
registered agent is not obligated to distinguish between a process, notice, demand, or other record concerning the
series LLC and a process, notice, demand, or other record concerning a protected series of the series LLC. (Section
15)
Service of Process, Notice, Demand, or Other Record
The bill creates s. 605.2204, F.S., to provide that process against a series LLC, a protected series, a registered
foreign series LLC, or a registered foreign protected series may be serviced in the same manner as service is made
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5
on such entity under s. 48.062 and chapters 48 or 49, F.S. Under the bill, any notice or demand on a series LLC or
protected series may be given or made to any member of a member-managed series LLC or to any manager of a
manager-managed LLC; to the registered agent of a series LLC at the registered office of the series LLC in Florida;
or to any other address in Florida which is the principal Florida office of the series LLC. Similarly, any notice or
demand on a registered foreign series LLC or a registered foreign protected series may be given or made to any
member of a member-managed foreign series LLC or to any manager of a manager-managed foreign series LLC; the
registered agent of the registered foreign series LLC at the registered office of the foreign series LLC; or to the
principal office address, or any other Florida address, which is the principal Florida office of the registered foreign
series LLC. However, the bill does not affect the right to serve process on, give notice to, or make a demand on a
series LLC or a protected series thereof, or on a foreign series LLC or a protected series thereof, in any other
manner provided by law. (Section 16)
The bill also amends s. 48.062, F.S., to define “registered foreign protected series of a foreign series LLC” and
“registered foreign series LLC” and to provide that:
• Service on a series LLC is notice to each protected series thereof.
• Service on a protected series is notice to the series LLC thereof.
• Service on a registered foreign series LLC is notice to each protected series thereof.
• Service on a registered foreign protected series is notice to each registered foreign series LLC thereof.
(Section 1)
Foreign Series LLCs and Foreign Protected Series
The bill creates s. 605.2703, F.S., to require that an application by a foreign protected series for a certificate of
authority to do business in Florida must include specified information, including the name and governing
jurisdiction of the foreign series LLC and the foreign protected series seeking the certificate and, if the foreign
series LLC has other foreign protected series, the name, title, capacity, and street and mailing address of at least
one person who has the authority to manage the foreign series LLC and who knows specified information about the
protected series. The bill also specifies which provisions of the LLC Act apply to the application for a certificate of
authority by a foreign series LLC, which provisions include the naming requirements and provisions relating to
required information. (Section 41)
Further, the bill creates s. 605.2702, F.S., to provide that, in determining whether a foreign series LLC or foreign
protected series is transacting business in Florida or is subject to the personal jurisdiction of Florida courts, the
activities and affairs of the:
• Foreign series LLC are not attributable to a foreign protected series of such LLC solely by reason of the
foreign protected series being a foreign protected series of the LLC.
• Foreign protected series are not attributable to a foreign series LLC or another foreign protected series of
the LLC solely by reason of the foreign protected series being a foreign protected series of the foreign series
LLC. (Section 40)
Finally, the bill creates s. 605.2704, F.S., to provide that, not later than 30 days after becoming a party to a
proceeding before a civil, administrative, or other adjudicative tribunal of or located in Florida, or a tribunal of the
United States located in Florida: 14
• A foreign series LLC must disclose to each other party the name and street and mailing address of:
o Each of its foreign protected series; and
o Each foreign protected series manager of and a registered agent for service of process for each
foreign protected series.
• A foreign protected series must disclose to each other party the name and street and mailing address of:
o The foreign series LLC;
o An agent for service of process for the foreign series LLC;
o Any other foreign protected series of the foreign series LLC; and
14 The disclosure requirements are tolled under the bill if a foreign series LLC or foreign protected series challenges the personal jurisdiction
of the tribunal, until the tribunal determines whether it has personal jurisdiction.
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6
o Each foreign protected-series manager of and an agent for service of process for the other foreign
protected series.
Under the bill, where a foreign series LLC or foreign protected series does not comply with the disclosure
requirements under s. 605.2704, F.S., a party to the proceeding may ask the tribunal to treat the noncompliance as
a failure to comply with the tribunal’s discovery rules or bring a separate proceeding to the court to enforce
compliance. (Section 42)
Issuance of Certificate of Status or Authority
The bill creates s. 605.2205, F.S., to provide that, upon the satisfaction of specified requirements, DOS must issue a
certificate of status for a protected series, or a certificate of authority for a foreign protected series, if:
• In the case of a protected series, the records show that DOS has accepted and filed articles of organization
for the series LLC and a protected series designation for the protected series.
• In the case of a foreign protected series, the records show that DOS has filed a certificate of authority for
the foreign series LLC and a certificate of authority for the foreign protected series.
A certificate issued under this section must contain specified information, including:
• In the case of a protected series, the name of the protected series, the series LLC’s name, the date the
protected series designation took effect, and other information.
• In the case of a foreign protected series, the foreign protected series’ name, the foreign series LLC’s name,
the fact that the foreign series LLC is authorized to do business in Florida, and other information.
Under the bill, the certificate may be relied on as conclusive evidence of the facts stated therein, subject to any
qualifications stated by DOS in the certificate. (Section 17)
Annual Report Information
The bill creates s. 605.2206, F.S., to require that, in its annual report, a series LLC must include the name of each its
protected series:
• For which the series LLC has previously delivered to DOS for filing a protected series designation; and
• Which has not dissolved and completed winding up.
Under the bill, a series LLC’s failure to comply with this requirement with regard to a protected series prevents
issuance of a certificate of status pertaining to the protected series, but does not otherwise affect the protected
series.
Similarly, the bill requires that, in its annual report, a registered foreign series LLC include the name of each
registered foreign protected series of the registered foreign series LLC:
• For which the registered foreign series LLC has previously delivered to DOS for filing an application for a
certificate of authority to do business in Florida, which DOS has accepted; and
• Which has not withdrawn is certificate of authority.
Under the bill, the failure of a registered foreign series LLC to comply with this requirement with regard to a
registered foreign protected series prevents issuance of a certificate of status pertaining to the foreign protected
series. (Section 18)
Associated Assets
The bill creates s. 605.2301, F.S., to provide that only an asset of a protected series may be an associated asset of
the protected series, while only an asset of a series LLC may be an associated asset of the series LLC. Further, the
bill specifies that an asset of a protected series is an associated asset of the protected series, and an asset of a series
LLC is an associated asset of the series LLC, only if the protected series or series LLC creates and maintains
specified records that state the name of the protected series or series LLC and describe the asset with sufficient
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
specificity to permit a disinterested, reasonable individual to make specified determinations about the asset. Such
records may be organized by specific listing, category, type, quantity, or computational or allocational formula or
procedure, including a percentage or share of any asset, or in any other reasonable manner.
Further, under the bill, a series LLC or protected series may, to the extent authorized by law, hold an associated
asset directly or indirectly, except that:
• A protected series may not hold an associated asset in the name of the series LLC or another protected
series of such LLC; and
• The series LLC may not hold an associated asset in the name of its protected series.
The bill also provides for the effect of a deed or other instrument granting an interest in real property to or from a
series LLC or one or more protected series of a series LLC, or any other instrument otherwise affecting an interest
in real property held by such entity, in each case to the extent such deed or other instrument is recorded in the
office for recording transfers or other matters affecting real property and specified records are maintained.
(Section 19)
Associated Member
The bill creates s. 605.2302, F.S., to specify that only a member of a series LLC may be an associated member of a
protected series of such LLC. Under the bill, a member of a series LLC becomes an associated member of a
protected series of such LLC if the operating agreement or a procedure established therein states:
• That the member is an associated member of the protected series;
• The date on which the member became an associated member of the protected series; and
• Any protected-series transferable interest the associated member has in connection with becoming or
being an associated member of the protected series.
Further, the bill specifies:
• That if a person that is an associated member of a protected series is dissociated from the series LLC, the
person ceases to be an associated member of the protected series.
• The rights of an associated member of a protected series to vote on or consent to an amendment to the
series LLC’s operating agreement or any other matter being decided by the members or to maintain a
derivative action to enforce a right of the LLC.
• That an associated member of a protected series is an agent of the protected series with certain powers to
bind the protected series. (Section 20)
Protected-Series Transferrable Interest
The bill creates s. 605.2303, F.S., to provide that a protected-series transferrable interest of a protected
series must be owned initially by an associated member of the protected series or the series LLC. Under the bill, if a
protected series has no associated members when established, the series LLC owns the protected-series
transferable interests in the protected series. A series LLC may also acquire a protected-series transferable interest
through a transfer from another person or as provided in the operating agreement.
Further, except as otherwise specified, a provision of the:
• LLC Act which applies to a protected-series transferee of a protected series applies to the series LLC in its
capacity as an owner of a protected-series transferable interest of the protected series.
• Operating agreement of a series LLC which applies to a protected-series transferee of a protected series
applies to the series LLC in its capacity as an owner of a protected-series transferrable interest of the
protected series. (Section 21)
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8
Management
The bill creates s. 605.2304, F.S., to specify that a protected series may have more than one protected-series
manager and, if a protected series has no associated members, the series LLC is the protected-series manager. The
bill also provides for the determination of any duties of a protected-series manager to:
• The protected series;
• Any associated member of the protected series; and
• Any protected-series transferee of the protected series.
However, the bill provides that, solely by reason of being or acting as a protected-series manager, a person owes no
duty to:
• The series LLC;
• Another protected series of the series LLC; or
• Another person in that person’s capacity as:
o A member of the series LLC which is not an associated member of the protected series;
o A protected-series transferee or protected-series manager of another protected series; or
o A transferee of the series LLC. (Section 22)
Right of Non-Associated Members to Specified Information
The bill creates s. 605.2305, F.S., to specify the rights to information concerning the protected series of a member
of a series LLC which is not an associated member of a protected series of such LLC; a person who was formerly an
associated member of a protected series; the legal representative of a deceased associated member of a protected
series; and a protected-series manager of a protected series. Such rights generally correspond to the current rights
of the counterparts of such persons under the LLC Act. The bill also provides that the court-ordered inspection
provisions of s. 605.0411, F.S., 15 apply to such information rights. (Section 23)
Entity Transactions
The bill provides for the role of, and in some instance prohibits the participation of, a series LLC or a protected
series in certain entity transactions, including conversions, 16 domestications, 17 interest exchanges, 18 and
mergers. 19
Entity Transaction Restrictions
The bill creates ss. 605.2602 and 605.2603, F.S., to provide that a protected series and a series LLC, respectively,
may not generally participate in, be a party to, result from, or be formed, organized, established, or created by:
• A conversion, domestication, or an interest exchange under the LLC Act or the law of a foreign jurisdiction;
or
• A transaction with the same substantive effect as a conversion, domestication, or interest exchange.
The bill also specifies that a:
• Protected series may not be a party to, be formed, organized, established, or created in, or result from a
merger under the LLC Act or the law of a foreign jurisdiction or a transaction with the same substantive
effect as a merger under Florida law or the law of a foreign jurisdiction.
15 S. 605.0411, F.S., applies if an LLC does not allow a member, manager, or other person who complies with applicable law to inspect and
copy any records required to be available for inspection. Under this section, the circuit court may summarily order inspection and copying of
the records demanded under specified circumstances, and may order the LLC to pay the costs, including reasonable attorney fees, incurred
by the member, manager, or other person seeking the records to obtain the order and enforce its rights.
16 A “conversion” is a transaction authorized under ss. 605.1041-605.1046, F.S.
17 A “domestication” is a transaction authorized under ss. 605.1051-605.1056, F.S.
18 An “interest exchange” is a transaction authorized under ss. 605.1031-605.1036, F.S.
19 A “merger” is a transaction authorized under ss. 605.1021-605.1026, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
• Series LLC may not, except as otherwise provided by law, be a party to or the surviving company 20 of a
merger under the LLC Act or the law of a foreign jurisdiction or a transaction with the same substantive
effect as a merger under Florida law or the law of a foreign jurisdiction. (Sections 32 and 33)
Mergers Authorized
The bill creates s. 605.2604, F.S., to authorize a series LLC to be party to a merger only if:
• Each other party to the merger is an LLC; and
• The surviving company is not created in the merger. (Section 34)
The bill also creates s. 605.2605, F.S., to require that the plan of merger:
• Comply with the requirements for the contents of a plan of merger for an LLC; and
• State specified information in a record, which information depends on whether the protected series is a
protected series of a non-surviving company, 21 a protected series of a surviving company, a relocated
protected series, 22 a continuing protected series, 23 or a protected series to be established by the surviving
company. (Section 35)
Further, the bill creates s. 605.2606, F.S., to require that the articles of merger:
• Comply with the requirements for the articles of merger for an LLC; 24 and
• Include specified attachments, including, as appropriate, a signed statement of designation cancellation and
termination; a signed statement of relocation and a statement of protected series designation; or a signed
protected series designation. (Section 36)
Effect of Merger
The bill creates s. 605.2607. F.S., to establish the effects of a merger which occur in addition to the effects stated in
s. 605.1026, F.S., relating to the merger of an LLC. Under this section:
• As provided in the plan of merger, each protected series of each merging series LLC which was established
before the merger is a relocated or continuing protected series or is dissolved, wound up, and terminated.
• Any protected series to be established due to the merger is established.
• Any relocated or continuing protected series is the same person it was before the merger.
• All property of a relocated or continuing protected series continues to be vested in such protected series.
• All debts, obligations, and other liabilities of a relocated or continuing protected series continue as debts,
obligations, and other liabilities of such protected series.
• Except as otherwise provided by law or the plan of merger, all rights, privileges, immunities, powers, and
purposes of a relocated or continuing protected series remain in such protected series.
• The new name of a relocated protected series may be substituted for its former name in any pending action
or proceeding.
• To the extent provided in the plan of merger:
o A person becomes an associated member or a protected-series transferee or a relocated protected
series or continuing protected series.
o A person becomes an associated member of a protected series established by the surviving company
due to the merger.
o Any change in a person’s rights or obligations in the person’s capacity as an associated member or a
protected series or continuing protected series takes effect.
20 “Surviving company” means a merging company that continues in existence after a merger. (Section 31)
21 “Non-surviving company” means a merging company that does not continue in existence after a merger. (Section 31)
22 “Relocated protected series” means a protected series of a non-surviving company which, after a merger, continues in uninterrupted
existence as a protected series of the surviving company. (Section 31)
23 “Continuing protected series” means a protected series of a surviving series LLC which continues in uninterrupted existence after a
merger. (Section 31)
24 Under s. 605.1025, F.S., after a plan of merger is approved, articles of merger must be signed by each merging entity and delivered to DOS
for filing. The articles must also contain specified information, including the merger’s effective date and the name, jurisdiction of formation,
and type of entity of each merging entity that is not the surviving entity and of each entity that is the surviving entity.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
o Any consideration to be paid to a person that before the merger was an associated member or a
protected-series transferee of a relocated protected series or continuing protected series is due.
• Any person that is an associated member of a relocated protected series becomes a member of the
surviving company, if not already a member. (Section 37)
The bill also creates s. 605.2608, F.S., to specify how creditors’ rights existing under s. 605.2404, F.S., before a
merger may be enforced. (Section 38)
Protected Series Dissolution and Reinstatement
The bill establishes the methods by which a protected series may be voluntarily or is automatically dissolved under
the LLC Act.
Events Causing Protected Series Dissolution
The bill creates s. 605.2501, F.S., to provide that a protected series is dissolved, and its activities and affairs must be
wound up, upon the occurrence of specified events, including:
• Dissolution of the series LLC;
• Occurrence of an event which the operating agreement states causes dissolution;
• Affirmative vote or consent of all members of the protected series;
• Entry of a court order dissolving the protected series under specified circumstances;
• Automatic or involuntary dissolution of the series LLC that established the protected series; and
• The filing of a statement of administrative dissolution 25 by DOS. (Section 28)
Winding Up Dissolved Protected Series
The bill creates s. 605.2502, F.S., to provide the manner in which a dissolved protected series must wind up its
activities and affairs, including by filing with DOS articles of protected series dissolution and a statement of
designation cancellation, and the extent to which judicial supervision or another judicial remedy is available in
such a winding up. Further, the bill specifies that a series LLC does not complete its winding up until each of its
protected series has completed its winding up. (Section 29)
Effect of Reinstatement or Voluntary Dismissal Revocation
The bill creates s. 605.2503, F.S., to provide that, if a series LLC that has been administratively dissolved is
reinstated, or a series LLC that voluntarily dissolved revokes its articles of dissolution, before filing a statement of
termination:
• Each protected series of the series LLC ceases winding up; and
• The provisions of s. 605.0708, F.S., relating to revocation of articles of dissolution, apply to the series LLC
and to each protected series as specified in law. (Section 30)
Application
The bill creates s. 605.2801, F.S., to provide that s. 605.1102, F.S., relating to the applicability of the Electronic
Signatures in Global and National Commerce Act, applies to the Uniform Protected Series Provisions. (Section 43)
The bill also creates s. 605.2802, F.S., to provide that:
• Beginning July 1, 2026, Chapter 605, F.S., governs all domestic and foreign series LLCs, all domestic
protected series, and all foreign series that do business in Florida.
• A domestic LLC formed before January 1, 2026, may not create or designate any protected series before the
bill’s effective date. (Section 44)
25 Administrative dissolution is governed by s. 605.0714, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Effective Date
The bill provides an effective date of January 1, 2026. (Section 45)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on DOS, as it may attract foreign series LLCs, and newly-forming
businesses wishing to organize as a series LLC, to register and organize under Florida law, which, in turn, may
increase the workload of DOS. To the extent that DOS can absorb any such increase within existing resources, the
bill will have an insignificant fiscal impact on DOS.
PRIVATE SECTOR:
The bill will affect how business entities, both foreign and domestic, may organize or register and do business in
the state, which will have an indeterminate economic impact on such entities. To the extent that a business entity
obtains a financial benefit from organizing or registering as a series LLC under Florida law, the economic impact
may be positive.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Limited Liability Companies
A limited liability company (“LLC”) is a type of business entity recognized by and regulated under ch. 605, F.S., the
Limited Liability Company Act (“LLC Act”). Benefits to forming a business as an LLC include a flexible tax
structure 26 and a “vertical liability shield,” which limits the personal liability of the LLC’s members 27 and
managers 28 for company obligations. 29 In other words, the liability shield means that the LLC’s creditors can only
go after the assets belonging to the LLC; they cannot go after the personal assets of the members and managers.
Forming a Florida LCC
To form an LLC in Florida, the authorized representatives 30 must first choose a name, which name must be
distinguishable from the names of all other business entity names in the records of the Department of State
(“DOS”) and include the words “limited liability company” or the abbreviation “LLC” or “L.L.C.” 31 The authorized
representatives must also designate a registered agent to accept legal notices and service of process on behalf of
the LLC at a registered office located in Florida. 32
26 Depending on elections made by an LLC’s members, the IRS will treat an LLC as either a corporation, a partnership, or a disregarded
entity. This last option allows for what is known as “pass-through taxation,” in which the LLC’s members claim the LLC’s profits or losses as
part of their personal taxes, alleviating the LLC of needing to file its own tax return and preventing the profits and losses from being taxed
twice. IRS, Limited Liability Company (LLC), https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc
(last visited Mar. 5, 2025).
27 “Member” means a person who: (a) is a member of an LLC under s. 605.0401, F.S., or was a member in a company when the company
became subject to the Act; and (b) has not dissociated from the LLC under s. 605.0602, F.S. S. 605.0102(40), F.S.
28 “Manager” means a person who, under the operating agreement of a manager-managed LLC, is responsible, alone or in concert with
others, for performing the management functions stated in ss. 605.0407(3) and 605.04073(2), F.S.
29 Exceptions to the liability shield include a member’s or manager’s written consent to be liable for an obligation; a statutory claw-back
provision for improper distributions; provisions in agreements signed before the LLC’s organization; a member’s or manager’s tortious
conduct; a member’s or manager’s action or inaction that results in a violation of criminal law or improper personal gain; liability arising
under federal tax laws of the Florida sales and use tax laws; and a violation of fiduciary duties to creditors. S. 605.0304, F.S. Daniel S.
Kleinberger, Limited Liability Limited (Aug. 28, 2019),
https://www.americanbar.org/groups/business_law/publications/blt/2019/09/limited-liability/ (last visited Mar. 5, 2025).
30 One or more persons may act as authorized representatives to form an LLC. S. 605.0201, F.S.
31 S. 605.0112, F.S.
32 The registered agent must be an individual who resides in Florida and whose business address is identical to the address of the registered
office; another domestic entity that is an authorized entity and whose business address is identical to the address of the registered office; or
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
Once these steps are completed, the authorized representatives must sign and deliver to DOS for filing articles of
organization stating the LLC’s name; the street and mailing addresses of the LLC’s principal office; and the name,
street address in Florida, and written acceptance of the LLC’s registered agent. 33 An LLC is formed when the LLC’s
articles of organization become effective 34 and when at least one person becomes a member at the time the articles
of organization become effective. 35
Once formed, the members of the LLC may establish an operating agreement to lay the groundwork for the
company, which agreement governs the:
• Relations among the members as members and between the members and the LLC;
• Rights and duties of a person serving in the capacity of manager;
• LLC’s activities and affairs; and
• Means and conditions for amending the operating agreement. 36
An LLC must also deliver to DOS for filing an annual report stating:
• The LLC’s name;
• The LLC’s principal office and mailing addresses;
• The date of the LLC’s organization;
• The LLC’s federal employer identification number 37 or, if none exists, whether one has been applied for;
• The name, title or capacity, and address of at least one person with the authority to manage the LLC; and
• Any additional information that is necessary or appropriate to enable DOS to carry out the LCC Act. 38
Foreign LLCs Doing Business in Florida
An entity organized as an LLC under the laws of another jurisdiction (a “foreign LLC”) that wishes to do business in
Florida must, through an authorized representative, first apply for a certificate of authority to transact business in
Florida by delivering an application for such a certificate to DOS, which application must contain:
• The foreign LLC’s name;
• The name of the foreign LLC’s jurisdiction of formation;
• The foreign LLC’s principal office and mailing addresses;
• The name and street address in Florida of, and the written acceptance by, the foreign LLC’s initial
registered agent in Florida;
• The name, title or capacity, and address of at least one person with the authority to manage the foreign
LLC; and
• Additional information as may be necessary or appropriate in order to enable DOS to determine whether
the foreign LLC is entitled to file an application for a certificate of authority and to determine and assess
applicable fees. 39
Unless DOS determines that such an application does not comply with the LLC Act’s filing requirements, DOS must,
upon the payment of all filing fees, file the certificate of authority application. 40 The filing of the application means
the foreign LLC has obtained a certificate of authority and is authorized to do business in Florida. 41 Such an LLC
a foreign entity authorized to transact business in Florida that is an authorized entity and whose business address is identical to the address
of the registered office. S. 605.0113, F.S.
33 The articles of organization may contain statements on additional matters as specified in statute. S. 605.0201, F.S.
34 Except as otherwise provided, any document delivered to DOS for filing under the LLC Act may specify an effective time and a delayed
effective date. In the case of initial articles of organization, a prior effective date may be specified in the articles of organization if such date is
within five business days before the date of filing. If the record does not specify an effective time or a prior or delayed effective date, the
record is effective on the date and at the time the record is accepted, as evidenced by DOS’s endorsement of the date and time on the filing. S.
605.0207, F.S.
35 S. 605.0201, F.S.
36 S. 605.0105, F.S.
37 The federal employer identification number, also known as a federal tax identification number, is issued by the IRS and used to identify a
business for federal tax purposes. IRS, Employer ID Numbers, https://www.irs.gov/businesses/small-businesses-self-employed/employer-
id-numbers (last visited Mar. 5, 2025)
38 S. 605.0212, F.S.
39 S. 605.0903, F.S.
40 Id.
41 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
must file annual reports as required of a domestic LLC, which reports must include additional information
pertinent to a foreign LLC as specified in the LLC Act. 42
Protected Series Limited Liability Companies
In 1996, Delaware enacted legislation providing for the formation of a “protected series limited liability company”
(“series LLC”), which offers both the traditional, vertical liability shield of an LLC and a new, horizontal liability
shield for any protected series of the LLC, as diagrammed below; in other words, the assets of any one protected
series of an LLC are not available to satisfy the claims of creditors of the LLC or of any other protected series of the
LLC, without the need to organize each protected series as an independent LLC. 43 Since then, 20 other states and
the District of Columbia have provided for the formation of some type of series LLC. 44
John Doe, Member Jane Doe, Member
Series LLC
Protected Series 1 Protected Series 2 Protected Series 3
Uniform Protected Series Act
In response to the growing popularity of this type of business entity, the Uniform Law Commission promulgated
the Uniform Protected Series Act (“UPSA”) in 2017, intended as a model law that could be inserted into a state’s
existing LLC statutes. 45 The UPSA contains definitions; a description of the nature and purpose of a series LLC, as
well as its powers, purpose, and duration; a description of how a protected series is governed by the LLC’s
operating agreement; and rules for applying certain provisions of a state’s existing LLC act to a protected series. 46
Florida
A series LLC formed in another state (a “foreign series LLC”) is currently authorized to do business in Florida if it
meets all applicable statutory requirements for a foreign LLC and registers with DOS. 47 However, Florida law does
not currently recognize the series LLC model; thus, each protected series in a foreign series LLC must qualify to do
business in Florida as if each series were a separate legal entity. Moreover, there is no guidance for lawyers and
judges being asked to address a foreign series LLC with respect to contracts, claims, and disputes. 48
42 S. 605.0212, F.S.
43 Protected Series LLC Task Force of the Florida Bar Business Law Section, White Paper: Analysis of Proposed Additions to Chapter 605 (Jan.
14, 2024).
44 These states are: Wisconsin, Oklahoma, Illinois, Nevada, Tennessee, Iowa, Texas, Kansas, Missouri, Montana, Utah, Alabama, Indiana,
Arkansas, Nebraska, North Dakota, South Dakota, Virginia, Wyoming, and Ohio. Puerto Rico also recognizes a protected series LLC. Id.
45 Uniform Law Commission, The Uniform Protected Series Act, https://higherlogicdownload.s3-external-
1.amazonaws.com/UNIFORMLAWS/36953c44-f8c8-04e4-33b4-
7217f4c94aa1_file.pdf?AWSAccessKeyId=AKIAVRDO7IEREB57R7MT&Expires=1680018971&Signature=sTvqf2axyQzxE016hsFUBH9KNgc
%3D (last visited Mar. 5, 2025).
46 Id.
47 See Business Law Section, supra note 43.
48 Id.; See s. 605.0902, F.S., authorizing DOS to require each individual series of a foreign series LLC to make a separate application for a
certificate of authority, and to make such other filings as may be required for purposes of complying with the requirements of the LLC Act as
if such series was a separate foreign LLC.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
In 2020, the Business Law Section of the Florida Bar formed the Protected Series LLC Task Force (“Task Force”) to
analyze the USPA and consider its adoption in Florida. 49 The Task Force ultimately proposed that new sections be
added to the LLC Act to authorize the formation of a series LLC under Florida law, using model language borrowed
from the UPSA and language which deviates from the UPSA to address unique aspects of Florida law. 50
OTHER RESOURCES:
Uniform Law Commission: Uniform Protected Series Act
Florida Bar Business Law Section: Protected Series LLC Task Force
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Civil Justice & Claims 18 Y, 0 N 3/5/2025 Jones Mawn
Subcommittee
Industries & Professional Activities Anstead Garcia
Subcommittee
Judiciary Committee
49 See Business Law Section, supra note 43.
50 Id.
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15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 403 2025
1 A bill to be entitled
2 An act relating to limited liability companies;
3 amending s. 48.062, F.S.; defining the terms
4 "registered foreign protected series of a foreign
5 series limited liability company" and "registered
6 foreign series limited liability company"; specifying
7 that certain limited liability companies are
8 considered a nonresident under certain circumstances;
9 providing for service of a summons and complaint on
10 such companies and series; specifying that such
11 service serves as notice to such companies and series;
12 amending s. 605.0103, F.S.; correcting a cross-
13 reference; amending s. 605.0117, F.S.; conforming a
14 provision to changes made by the act; amending s.
15 605.0211, F.S.; revising requirements for certificates
16 of status; creating s. 605.2101, F.S.; providing a
17 short title; creating s. 605.2102, F.S.; defining
18 terms; creating s. 605.2103, F.S.; providing that a
19 protected series of a series limited liability company
20 is a person distinct from certain other entities;
21 creating s. 605.2104, F.S.; providing for powers and
22 prohibitions for protected series of series limited
23 liability companies; creating s. 605.2105, F.S.;
24 providing construction; creating s. 605.2106, F.S.;
25 providing construction regarding protected series
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26 operating agreements; providing applicability with
27 regard to certain restrictions on limited liability
28 companies; creating s. 605.2107, F.S.; providing
29 prohibitions and authorizations relating to operating
30 agreements; creating s. 605.2108, F.S.; providing
31 applicability; creating s. 605.2201, F.S.; authorizing
32 domestic limited liability companies to establish
33 protected series; specifying requirements for
34 establishing protected series and amending protected
35 series designations; creating s. 605.2202, F.S.;
36 specifying requirements for naming a protected series;
37 creating s. 605.2203, F.S.; providing specifications
38 and requirements for the registered agent for a
39 protected series; specifying requirements relating to
40 protected series designations; specifying that a
41 registered agent is not required to distinguish
42 between certain processes, notices, demands, and
43 records unless otherwise agreed upon; creating s.
44 605.2204, F.S.; authorizing service on, and provision
45 of notice and demand to, certain limited liability
46 companies and protected series in a specified manner;
47 providing that certain notice is effective regardless
48 of whether any notice or demand identifies a person if
49 certain requirements are met; providing authorizations
50 relating to certain services and notices; providing
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51 construction; creating s. 605.2205, F.S.; requiring
52 the Department of State to issue a certificate of
53 status under certain circumstances; specifying
54 requirements for certificates of status; providing
55 that a certificate of status may be relied upon as
56 conclusive evidence of the facts stated in the
57 certificate; creating s. 605.2206, F.S.; requiring
58 series limited liability companies and registered
59 foreign series limited liability companies to include
60 specified information in a required annual report;
61 specifying that failure to include such information
62 prevents a certificate of status from being issued;
63 creating s. 605.2301, F.S.; specifying that only
64 certain assets may be considered associated assets;
65 specifying requirements for an asset to be considered
66 an associated asset; authorizing that certain records
67 and recordkeeping be organized in a specified manner;
68 authorizing series limited liability companies or
69 protected series of such companies to hold an
70 associated asset in a specified manner; providing
71 exceptions; creating s. 605.2302, F.S.; specifying
72 requirements for becoming an associated member of a
73 protected series of a series limited liability
74 company; creating s. 605.2303, F.S.; requiring that
75 protected-series transferable interests be owned
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76 initially by an associated member of the protected
77 series or the series limited liability company;
78 providing for ownership when a protected series of a
79 series limited liability company does not have
80 associated members upon establishment under certain
81 circumstances; authorizing series limited liability
82 companies to acquire such interests by transfer;
83 providing applicability; creating s. 605.2304, F.S.;
84 authorizing a protected series to have one or more
85 protected-series managers; specifying that if a
86 protected series does not have associated members, the
87 series limited liability company is the protected-
88 series manager; providing applicability; specifying
89 that a person does not owe a duty to specified
90 entities for certain reasons; providing rights of
91 associated members; providing applicability;
92 specifying that an associated member of a member-
93 managed protected series, or a protected-series
94 manager of a manager-managed protected series, is an
95 agent for the protected series and has a specified
96 power; creating s. 605.2305, F.S.; providing rights
97 for certain persons relating to information concerning
98 protected series; providing applicability; creating s.
99 605.2401, F.S.; providing limitations on liability for
100 certain persons; creating s. 605.2402, F.S.;
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101 specifying that certain claims are governed by
102 specified provisions; specifying that the failure of
103 limited liability companies or protected series to
104 observe certain formalities is not a ground to
105 disregard a specified limitation; providing
106 applicability; creating s. 605.2403, F.S.; specifying
107 that certain provisions relating to the provision or
108 restriction of remedies apply to certain judgment
109 creditors; creating s. 605.2404, F.S.; defining the
110 terms "enforcement date" and "incurrence date";
111 authorizing that certain judgments be enforced in
112 accordance with specified provisions; authorizing
113 courts to provide a specified prejudgment remedy;
114 providing that a party making a certain assertion has
115 the burden of proof in specified proceedings;
116 providing applicability; creating s. 605.2501, F.S.;
117 providing events causing the dissolution of protected
118 series of series limited liability companies; creating
119 s. 605.2502, F.S.; specifying requirements and
120 authorizations relating to dissolved protected series;
121 specifying that a series limited liability company has
122 not completed winding up until each of the protected
123 series of the company has done so; creating s.
124 605.2503, F.S.; providing for the effect of
125 reinstatement of series limited liability companies
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126 and revocation of voluntary dissolutions; creating s.
127 605.2601, F.S.; defining terms; creating s. 605.2602,
128 F.S.; prohibiting protected series from involvement in
129 certain transactions; creating s. 605.2603, F.S.;
130 prohibiting series limited liability companies from
131 involvement in certain transactions; creating s.
132 605.2604, F.S.; authorizing series limited liability
133 companies to be a party to a merger under certain
134 circumstances; creating s. 605.2605, F.S.; requiring
135 that plans of merger meet certain requirements;
136 creating s. 605.2606, F.S.; requiring articles of
137 merger to meet certain requirements; creating s.
138 605.2607, F.S.; providing for effects of mergers of
139 protected series; creating s. 605.2608, F.S.;
140 providing the means for enforcement of creditors'
141 rights; providing applicability of certain provisions
142 after a merger; creating s. 605.2701, F.S.; providing
143 that the law of the governing jurisdiction of a
144 foreign series limited liability company's formation
145 governs certain aspects of the internal affairs of the
146 foreign series limited liability company; providing
147 applicability; creating s. 605.2702, F.S.; specifying
148 requirements for making a specified determination
149 relating to certain companies transacting business in
150 this state or being subject to the personal
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151 jurisdiction of the courts in this state; creating s.
152 605.2703, F.S.; providing applicability of laws of
153 this state relating to certificates of authority for
154 foreign series limited liability companies and foreign
155 protected series of such companies; requiring that an
156 application by a foreign protected series for a
157 certificate of authority include certain information
158 and comply with specified provisions; providing
159 applicability; creating s. 605.2704, F.S.; requiring
160 foreign series limited liability companies and foreign
161 protected series of such companies to make specified
162 disclosures; tolling such requirements under certain
163 circumstances; authorizing certain parties to make a
164 specified request or bring a separate proceeding if
165 such company or series fails to make the disclosures;
166 creating s. 605.2801, F.S.; providing applicability of
167 provisions relating to electronic signatures; creating
168 s. 605.2802, F.S.; providing construction; prohibiting
169 domestic limited liability companies from creating or
170 designating any protected series before a specified
171 date; providing an effective date.
172
173 Be It Enacted by the Legislature of the State of Florida:
174
175 Section 1. Present subsection (7) of section 48.062,
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176 Florida Statutes, is redesignated as subsection (11), a new
177 subsection (7) and subsections (8), (9), and (10) are added to
178 that section, and subsections (1) and (6) of that section are
179 amended, to read:
180 48.062 Service on a domestic limited liability company or
181 registered foreign limited liability company.—
182 (1) As used in this section, the term:
183 (a) "Registered foreign limited liability company" means a
184 foreign limited liability company that has an active certificate
185 of authority to transact business in this state pursuant to a
186 record filed with the Department of State.
187 (b) "Registered foreign protected series of a foreign
188 series limited liability company" means a protected series of a
189 foreign series limited liability company that has an active
190 certificate of authority to transact business in this state
191 pursuant to a record filed with the Department of State.
192 (c) "Registered foreign series limited liability company"
193 means a foreign series limited liability company that has an
194 active certificate of authority to transact business in this
195 state pursuant to a record filed with the Department of State.
196 (6) A foreign limited liability company, foreign series
197 limited liability company, or foreign protected series of a
198 foreign series limited liability company engaging in business in
199 this state which is not registered is considered, for purposes
200 of service of process, a nonresident engaging in business in
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201 this state and may be served pursuant to s. 48.181 or by order
202 of the court under s. 48.102.
203 (7) Service of a summons and complaint on a series limited
204 liability company is notice to each protected series of the
205 series limited liability company of service of the summons and
206 complaint and the contents of the complaint.
207 (8) Service of a summons and complaint on a protected
208 series of a series limited liability company is notice to the
209 series limited liability company and any other protected series
210 of the series limited liability company of service of the
211 summons and complaint and the contents of the complaint.
212 (9) Service of a summons and complaint on a registered
213 foreign series limited liability company is notice to each
214 registered foreign protected series of the registered foreign
215 series limited liability company of service of the summons and
216 complaint and the contents of the complaint.
217 (10) Service of a summons and complaint on a registered
218 foreign protected series of a foreign series limited liability
219 company is notice to the foreign series limited liability
220 company and to any other registered foreign protected series of
221 the foreign series limited liability company of service of the
222 summons and complaint and the contents of the complaint.
223 (11) This section does not apply to service of process on
224 insurance companies.
225 Section 2. Subsection (1) of section 605.0103, Florida
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226 Statutes, is amended to read:
227 605.0103 Knowledge; notice.—
228 (1) A person knows a fact if the person:
229 (a) Has actual knowledge of the fact; or
230 (b) Is deemed to know the fact under paragraph (4)(a)
231 (4)(b), or a law other than this chapter.
232 Section 3. Subsection (3) of section 605.0117, Florida
233 Statutes, is amended to read:
234 605.0117 Serving process, giving notice, or making a
235 demand.—
236 (3) A registered series of a foreign series limited
237 liability company may be served in the same manner as a
238 registered limited liability company.
239 Section 4. Paragraphs (c) through (g) of subsection (1)
240 and subsection (2) of section 605.0211, Florida Statutes, are
241 amended to read:
242 605.0211 Certificate of status.—
243 (1) The department, upon request and payment of the
244 requisite fee, shall issue a certificate of status for a limited
245 liability company if the records filed in the department show
246 that the department has accepted and filed the company's
247 articles of organization. A certificate of status must state the
248 following:
249 (c) Whether all fees and penalties due to the department
250 under this chapter have been paid.
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251 (d) Whether If the company's most recent annual report
252 required under s. 605.0212 has not been filed by the department.
253 (e) Whether If the department has administratively
254 dissolved the company or received a record notifying the
255 department that the company has been dissolved by judicial
256 action pursuant to s. 605.0705.
257 (f) Whether If the department has filed articles of
258 dissolution for the company.
259 (g) Whether If the department has accepted and filed a
260 statement of termination.
261 (2) The department, upon request and payment of the
262 requisite fee, shall furnish a certificate of status for a
263 foreign limited liability company if the filed records filed
264 show that the department has filed a certificate of authority
265 for that company. A certificate of status for a foreign limited
266 liability company must state the following:
267 (a) The foreign limited liability company's name and any
268 current alternate name adopted under s. 605.0906(1) for use in
269 this state.
270 (b) That the foreign limited liability company is
271 authorized to transact business in this state.
272 (c) Whether all fees and penalties due to the department
273 under this chapter or other law have been paid.
274 (d) Whether If the foreign limited liability company's
275 most recent annual report required under s. 605.0212 has not
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276 been filed by the department.
277 (e) Whether If the department has:
278 1. Revoked the foreign limited liability company's
279 certificate of authority; or
280 2. Filed a notice of withdrawal of certificate of
281 authority of the foreign limited liability company.
282 Section 5. Section 605.2101, Florida Statutes, is created
283 to read:
284 605.2101 Short title.—Sections 605.2101-605.2802 may be
285 cited as the "Uniform Protected Series Provisions."
286 Section 6. Section 605.2102, Florida Statutes, is created
287 to read:
288 605.2102 Definitions.—As used in ss. 605.2101-605.2802,
289 the term:
290 (1) "Asset" means either of the following:
291 (a) Property in which a series limited liability company
292 or a protected series has rights; or
293 (b) Property as to which the series limited liability
294 company or protected series has the power to transfer rights.
295 (2) "Associated asset" means an asset that meets the
296 requirements of s. 605.2301.
297 (3) "Associated member" means a member that meets the
298 requirements of s. 605.2302.
299 (4) "Foreign protected series" means a series, protected
300 series, protected cell, segregated account, or similar part of a
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301 foreign limited liability company, however the part is
302 denominated, which is established under law that limits, or
303 limits if conditions specified under law are satisfied, the
304 liability of the part to a creditor of the foreign company or of
305 another part of the structure, regardless of whether the law
306 uses the term "protected series."
307 (5) "Foreign series limited liability company" means a
308 foreign limited liability company that has at least one foreign
309 series or protected series.
310 (6) "Non-associated asset" means either of the following:
311 (a) An asset of a series limited liability company which
312 is not an associated asset of the company; or
313 (b) An asset of a protected series of a series limited
314 liability company which is not an associated asset of the
315 protected series.
316 (7) "Person" has the same meaning as in s. 605.0102 and
317 includes a protected series, however denominated, of an entity
318 if the protected series is established under law that limits, or
319 limits if conditions specified under law are satisfied, the
320 ability of a creditor of the entity or of another protected
321 series of the entity to satisfy a claim from assets of the
322 protected series.
323 (8) "Protected series," except in the phrase "foreign
324 protected series," means a protected series established under s.
325 605.2201.
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326 (9) "Protected-series manager" means a person under whose
327 authority the powers of a protected series are exercised and
328 under whose direction the activities and affairs of the
329 protected series are managed under the operating agreement and
330 this chapter.
331 (10) "Protected-series transferable interest" means the
332 right, as initially owned by a person in the person's capacity
333 as an associated member, to receive distributions from a
334 protected series, regardless of whether the person remains a
335 member or continues to own any part of the right. The term
336 includes a fraction of an interest.
337 (11) "Protected-series transferee" means a person other
338 than the series limited liability company to which all or part
339 of a protected-series transferable interest of a protected
340 series of a series limited liability company has been
341 transferred. The term includes a person that owns a protected-
342 series transferable interest as a result of ceasing to be an
343 associated member of a protected series.
344 (12) "Registered foreign protected series" means a
345 protected series of a foreign series limited liability company
346 that has an active certificate of authority to transact business
347 in this state pursuant to a record filed with the department.
348 (13) "Registered foreign series limited liability company"
349 means a foreign series limited liability company that has an
350 active certificate of authority to transact business in this
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351 state pursuant to a record filed with the department.
352 (14) "Series limited liability company," except in the
353 phrase "foreign series limited liability company," means a
354 domestic limited liability company that has at least one
355 protected series.
356 Section 7. Section 605.2103, Florida Statutes, is created
357 to read:
358 605.2103 Nature of protected status.—A protected series of
359 a series limited liability company is a person distinct from all
360 of the following:
361 (1) The series limited liability company, subject to ss.
362 605.2104(3), 605.2501(1), and 605.2502(4).
363 (2) Another protected series of the series limited
364 liability company.
365 (3) A member of the series limited liability company,
366 regardless of whether the member is an associated member of the
367 protected series of the series limited liability company.
368 (4) A protected-series transferee of a protected series of
369 the series limited liability company.
370 (5) A transferee of a transferable interest of the series
371 limited liability company.
372 Section 8. Section 605.2104, Florida Statutes, is created
373 to read:
374 605.2104 Powers and duration of protected series.—
375 (1) A protected series of a series limited liability
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376 company has the capacity to sue and be sued in its own name.
377 (2) Except as otherwise provided in subsections (3) and
378 (4), a protected series of a series limited liability company
379 has the same powers and purposes as the series limited liability
380 company.
381 (3) A protected series of a series limited liability
382 company ceases to exist not later than when the series limited
383 liability company completes its winding up.
384 (4) A protected series of a series limited liability
385 company may not be or do, as applicable, any of the following:
386 (a) Be a member of the series limited liability company;
387 (b) Establish a protected series; or
388 (c) Except as permitted by the laws of this state other
389 than this chapter, have a purpose or power, or take an action,
390 that the laws of this state other than this chapter prohibit a
391 limited liability company from having or doing.
392 Section 9. Section 605.2105, Florida Statutes, is created
393 to read:
394 605.2105 Protected series governing law.—The laws of this
395 state govern the following:
396 (1) The internal affairs of a protected series of a series
397 limited liability company, including all of the following:
398 (a) Relations among any associated members of the
399 protected series.
400 (b) Relations between the protected series and:
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401 1. Any associated member;
402 2. Any protected-series manager; or
403 3. Any protected-series transferee.
404 (c) Relations between any associated member and:
405 1. Any protected-series manager; or
406 2. Any protected-series transferee.
407 (d) The rights and duties of a protected-series manager.
408 (e) Governance decisions affecting the activities and
409 affairs of the protected series and the conduct of those
410 activities and affairs.
411 (f) Procedures and conditions for becoming an associated
412 member or a protected-series transferee.
413 (2) The relations between a protected series of a series
414 limited liability company and each of the following:
415 (a) The series limited liability company.
416 (b) Another protected series of the series limited
417 liability company.
418 (c) A member of the series limited liability company which
419 is not an associated member of the protected series of the
420 series limited liability company.
421 (d) A protected-series manager that is not a protected-
422 series manager of the protected series.
423 (e) A protected-series transferee that is not a protected-
424 series transferee of the protected series.
425 (3) The liability of a person for a debt, an obligation,
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426 or another liability of a protected series of a series limited
427 liability company if the debt, obligation, or liability is
428 asserted solely by reason of the person being or acting as any
429 of the following:
430 (a) An associated member, protected-series transferee, or
431 protected-series manager of the protected series;
432 (b) A member of the series limited liability company which
433 is not an associated member of the protected series;
434 (c) A protected-series manager that is not a protected-
435 series manager of the protected series;
436 (d) A protected-series transferee that is not a protected-
437 series transferee of the protected series;
438 (e) A manager of the series limited liability company; or
439 (f) A transferee of a transferable interest of the series
440 limited liability company.
441 (4) The liability of a series limited liability company
442 for a debt, an obligation, or another liability of a protected
443 series of the series limited liability company if the debt,
444 obligation, or liability is asserted solely in connection with
445 any of the following on the part of the series limited liability
446 company:
447 (a) Having delivered to the department for filing under s.
448 605.2201(2) a protected series designation pertaining to the
449 protected series or under s. 605.2201(4) or s. 605.2202(3) a
450 statement of designation change pertaining to the protected
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451 series;
452 (b) Being or acting as a protected-series manager of the
453 protected series;
454 (c) Having the protected series be or act as a manager of
455 the series limited liability company; or
456 (d) Owning a protected-series transferable interest of the
457 protected series.
458 (5) The liability of a protected series of a series
459 limited liability company for a debt, an obligation, or another
460 liability of the series limited liability company or of another
461 protected series of the series limited liability company if the
462 debt, obligation, or liability is asserted solely by reason of
463 any of the following:
464 (a) The protected series:
465 1. Being a protected series of the series limited
466 liability company or having as a protected-series manager the
467 series limited liability company or another protected series of
468 the series limited liability company; or
469 2. Being or acting as a protected-series manager of
470 another protected series of the series limited liability company
471 or a manager of the series limited liability company; or
472 (b) The series limited liability company owning a
473 protected-series transferable interest of the protected series.
474 Section 10. Section 605.2106, Florida Statutes, is created
475 to read:
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476 605.2106 Relation of a protected series operating
477 agreement and the protected series provisions of this chapter.—
478 (1) Except as otherwise provided in this section, and
479 subject to ss. 605.2107 and 605.2108, the operating agreement of
480 a series limited liability company governs the following:
481 (a) The internal affairs of a protected series, including
482 all of the following:
483 1. Relations among any associated members of the protected
484 series.
485 2. Relations between the protected series and:
486 a. Any associated member of the protected series;
487 b. Any protected-series manager; or
488 c. Any protected-series transferee.
489 3. Relations between any associated member and:
490 a. Any protected-series manager; or
491 b. Any protected-series transferee.
492 4. The rights and duties of a protected-series manager.
493 5. Governance decisions affecting the activities and
494 affairs of the protected series and the conduct of those
495 activities and affairs.
496 6. Procedures and conditions for becoming an associated
497 member or a protected-series transferee.
498 (b) Relations between a protected series of the series
499 limited liability company and each of the following:
500 1. The series limited liability company.
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501 2. Another protected series of the series limited
502 liability company.
503 3. The protected series, any of its protected-series
504 managers, any associated member of the protected series, or any
505 protected-series transferee of the protected series.
506 4. A person in the person's capacity as:
507 a. A member of the series limited liability company which
508 is not an associated member of the protected series;
509 b. A protected-series transferee or protected-series
510 manager of another protected series; or
511 c. A transferee of the series limited liability company.
512 (2) If this chapter restricts the power of an operating
513 agreement to affect a matter, the restriction applies to a
514 matter under ss. 605.2101-605.2802 in accordance with s.
515 605.0105.
516 (3) If a law of this state other than this chapter imposes
517 a prohibition, limitation, requirement, condition, obligation,
518 liability, or other restriction on a limited liability company;
519 a member, a manager, or another agent of a limited liability
520 company; or a transferee of a limited liability company, except
521 as otherwise provided in the laws of this state other than this
522 chapter, the restriction applies in accordance with s. 605.2108.
523 (4) Except as otherwise provided in s. 605.2107, if the
524 operating agreement of a series limited liability company does
525 not provide for a matter described in subsection (1) in a manner
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526 authorized by ss. 605.2101-605.2802, the matter is determined in
527 accordance with the following:
528 (a) To the extent that ss. 605.2101-605.2802 address the
529 matter, ss. 605.2101-605.2802 govern.
530 (b) To the extent that ss. 605.2101-605.2802 do not
531 address the matter, this chapter governs the matter in
532 accordance with s. 605.2108.
533 Section 11. Section 605.2107, Florida Statutes, is created
534 to read:
535 605.2107 Additional limitations on operating agreements.—
536 (1) An operating agreement may not vary the effect of:
537 (a) This section;
538 (b) Section 605.2103;
539 (c) Section 605.2104(1);
540 (d) Section 605.2104(2), to provide a protected series a
541 power beyond those provided in this chapter to a limited
542 liability company;
543 (e) Section 605.2104(3) or (4);
544 (f) Section 605.2105;
545 (g) Section 605.2106;
546 (h) Section 605.2108;
547 (i) Section 605.2201, except to vary the manner in which a
548 series limited liability company approves establishing a
549 protected series;
550 (j) Section 605.2202;
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551 (k) Section 605.2301;
552 (l) Section 605.2302;
553 (m) Section 605.2303(1) or (2);
554 (n) Section 605.2304(3) or (6);
555 (o) Section 605.2401, except to decrease or eliminate a
556 limitation of liability stated in that section;
557 (p) Section 605.2402;
558 (q) Section 605.2403;
559 (r) Section 605.2404;
560 (s) Section 605.2501(1), (4), and (5);
561 (t) Section 605.2502, except to designate a different
562 person to manage winding up;
563 (u) Section 605.2503;
564 (v) Sections 605.2601-605.2608;
565 (w) Sections 605.2701-605.2704;
566 (x) Sections 605.2801-605.2802, except to vary the person
567 that has the right to sign and deliver to the department for
568 filing a record under this chapter; or
569 (y) A provision of this chapter pertaining to:
570 1. A registered office or registered agents; or
571 2. The department, including provisions relating to
572 records authorized or required to be delivered to the department
573 for filing under this chapter.
574 (2) An operating agreement may not unreasonably restrict
575 the duties and rights conferred under s. 605.2305 but may impose
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576 reasonable restrictions on the availability and use of
577 information obtained under that section and may provide
578 appropriate remedies, including liquidated damages, for a breach
579 of any reasonable restriction on use.
580 Section 12. Section 605.2108, Florida Statutes, is created
581 to read:
582 605.2108 Application of this chapter to protected series.—
583 (1) Except as otherwise provided in subsection (2) and s.
584 605.2107, the following provisions apply in the application of
585 ss. 605.2106, 605.2304(3) and (6), 605.2501(4)(a), 605.2502(1),
586 and 605.2503(2):
587 (a) A protected series of a series limited liability
588 company is deemed to be a limited liability company that is
589 formed separately from the series limited liability company and
590 is distinct from the series limited liability company and any
591 other protected series of the series limited liability company;
592 (b) An associated member of the protected series of a
593 series limited liability company is deemed to be a member of the
594 series limited liability company deemed to exist under paragraph
595 (a);
596 (c) A protected-series transferee of the protected series
597 is deemed to be a transferee of the series limited liability
598 company deemed to exist under paragraph (a);
599 (d) A protected-series transferable interest of the
600 protected series is deemed to be a transferable interest of the
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601 series limited liability company deemed to exist under paragraph
602 (a);
603 (e) A protected-series manager is deemed to be a manager
604 of the series limited liability company deemed to exist under
605 paragraph (a);
606 (f) An asset of the protected series is deemed to be an
607 asset of the series limited liability company deemed to exist
608 under paragraph (a), regardless of whether the asset is an
609 associated asset of the protected series; or
610 (g) Any creditor or other obligee of the protected series
611 is deemed to be a creditor or obligee of the series limited
612 liability company deemed to exist under paragraph (a).
613 (2) Subsection (1) does not apply if its application would
614 do either of the following:
615 (a) Contravene s. 605.0105; or
616 (b) Authorize or require the department to:
617 1. Accept for filing a type of record which this chapter
618 does not authorize or require a person to deliver to the
619 department for filing; or
620 2. Make or deliver a record that this chapter does not
621 authorize or require the department to make or deliver.
622 (3) Except to the extent otherwise specified in ss.
623 605.2101-605.2802, the provisions of this chapter applicable to
624 limited liability companies in general and their managers,
625 members, and transferees, including, but not limited to,
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626 provisions relating to formation, powers, operation, existence,
627 management, court proceedings, and filings with the department
628 and other state or local government agencies, are applicable to
629 each series limited liability company and to each protected
630 series established pursuant to s. 605.2201.
631 Section 13. Section 605.2201, Florida Statutes, is created
632 to read:
633 605.2201 Establishment of protected series; change of
634 designation.—
635 (1) With the affirmative vote or consent of all members of
636 a limited liability company, the company may establish a
637 protected series.
638 (2) To establish a protected series, a limited liability
639 company shall deliver to the department for filing a protected
640 series designation, signed by the company, stating the name of
641 the company and the name of the protected series to be
642 established, and any other information the department requires
643 for filing.
644 (3) A protected series is established when the protected
645 series designation takes effect under s. 605.0207.
646 (4) To amend a protected series designation, a series
647 limited liability company shall deliver to the department for
648 filing a statement of designation change, signed by the company,
649 that sets forth the following:
650 (a) The name of the series limited liability company and
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651 the name of the protected series to which the change to the
652 protected series designation applies;
653 (b) Each change to the protected series designation; and
654 (c) A statement that each designation change was approved
655 by the affirmative vote or consent of the members of the series
656 limited liability company required to make each change to the
657 protected series designation.
658 (5) Each designation change made pursuant to subsection
659 (4) takes effect when the statement of designation change takes
660 effect under s. 605.0207.
661 Section 14. Section 605.2202, Florida Statutes, is created
662 to read:
663 605.2202 Protected series name.—
664 (1) Except as otherwise provided in subsection (2), the
665 name of a protected series must comply with s. 605.0112.
666 (2) The name of a protected series of a series limited
667 liability company must:
668 (a) Begin with the name of the series limited liability
669 company, including any word or abbreviation required by s.
670 605.0112; and
671 (b) Contain the phrase "protected series" or the
672 abbreviation "P.S." or "PS."
673 (3) If a series limited liability company changes its
674 name, the company must deliver to the department for filing a
675 statement of designation change for each of the company's
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676 protected series, changing the name of each protected series to
677 comply with this section.
678 Section 15. Section 605.2203, Florida Statutes, is created
679 to read:
680 605.2203 Registered agent.—
681 (1) The registered agent in this state for a series
682 limited liability company is the registered agent in this state
683 for each protected series of that company.
684 (2) Before delivering a protected series designation to
685 the department for filing, a series limited liability company
686 must agree with a registered agent specifying that the agent
687 will serve as the registered agent in this state for that
688 company and for each protected series of that company.
689 (3) A person that signs a protected series designation
690 delivered to the department for filing affirms as a fact that
691 the series limited liability company on whose behalf the
692 designation is delivered has complied with subsection (2).
693 (4) A person that ceases to be the registered agent for a
694 series limited liability company ceases to be the registered
695 agent for each protected series of that company.
696 (5) A person that ceases to be the registered agent for a
697 protected series of a series limited liability company, other
698 than as a result of the termination of the protected series,
699 ceases to be the registered agent of that company and any other
700 protected series of that company.
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701 (6) Except as otherwise agreed upon by a series limited
702 liability company and its registered agent, the registered agent
703 is not obligated to distinguish between a process, notice,
704 demand, or other record concerning the company and a process,
705 notice, demand, or other record concerning a protected series of
706 the company.
707 Section 16. Section 605.2204, Florida Statutes, is created
708 to read:
709 605.2204 Series limited liability company; service of
710 process; giving notice or making demand.—
711 (1) Process against a series limited liability company, a
712 protected series of a series limited liability company, a
713 registered foreign series limited liability company, or a
714 registered foreign protected series of a registered foreign
715 series limited liability company, respectively, may be served in
716 the same manner as service is made on each such entity under s.
717 48.062 and chapter 48 or chapter 49.
718 (2) Any notice or demand on a series limited liability
719 company or a protected series of a series limited liability
720 company under this chapter may be given or made to any member of
721 a member-managed series limited liability company or to any
722 manager of a manager-managed series limited liability company;
723 to the registered agent of a series limited liability company at
724 the registered office of the series limited liability company in
725 this state; or to any other address in this state which is the
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726 principal office in this state of the series limited liability
727 company.
728 (3) Any notice or demand on a registered foreign series
729 limited liability company or a registered foreign protected
730 series of a registered foreign series limited liability company
731 under this chapter may be given or made to any member of a
732 member-managed foreign series limited liability company or to
733 any manager of a manager-managed foreign series limited
734 liability company; to the registered agent of the registered
735 foreign series limited liability company at the registered
736 office of the registered foreign series limited liability
737 company in this state; or to the principal office address, or
738 any other address in this state which is, in fact, the principal
739 office in this state of the registered foreign series limited
740 liability company.
741 (4) This section does not affect the right to serve
742 process on, give notice to, or make a demand on a series limited
743 liability company or any protected series of a series limited
744 liability company, or to or on any foreign series limited
745 liability company or any protected series of the foreign series
746 limited liability company, in any other manner provided by law.
747 Section 17. Section 605.2205, Florida Statutes, is created
748 to read:
749 605.2205 Certificate of status for domestic or foreign
750 protected series.—
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751 (1) The department, upon request, payment of the requisite
752 fee, and compliance with any other filing requirements of the
753 department, shall issue a certificate of status for a protected
754 series of a series limited liability company if the records
755 filed in the department show that the department has accepted
756 and filed articles of organization for the series limited
757 liability company and a protected series designation for the
758 protected series. A certificate of status for a protected series
759 of a series limited liability company must state all of the
760 following:
761 (a) The series limited liability company's name.
762 (b) The name of the protected series.
763 (c) That the series limited liability company was
764 organized under the laws of this state and the date of
765 organization.
766 (d) That the protected series was designated under the
767 laws of this state and the date of designation.
768 (e) Whether all fees and penalties due to the department
769 under this chapter or other law by the series limited liability
770 company and the protected series have been paid.
771 (f) Whether the series limited liability company's most
772 recent annual report required by s. 605.0212 has been filed by
773 the department.
774 (g) Whether the series limited liability company's most
775 recent annual report includes the name of the protected series,
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776 unless:
777 1. When the series limited liability company delivered the
778 annual report for filing, the protected series designation
779 pertaining to the protected series had not yet taken effect; or
780 2. After the series limited liability company delivered
781 the annual report for filing, the company delivered to the
782 department for filing a statement of designation change, which
783 changes the name of the protected series.
784 (h) Whether the department has administratively dissolved
785 the series limited liability company or received a record
786 notifying the department that the company has been dissolved by
787 judicial action pursuant to s. 605.0705.
788 (i) Whether the department has administratively dissolved
789 the protected series or received a record notifying the
790 department that the protected series has been dissolved by
791 judicial action pursuant to s. 605.2501(4) or (5).
792 (j) Whether the department has filed articles of
793 dissolution for the series limited liability company.
794 (k) Whether the department has filed a statement of
795 dissolution, termination, or relocation for the protected
796 series.
797 (2) The department, upon request, payment of the requisite
798 fee, and compliance with any other filing requirements of the
799 department, shall issue a certificate of status for a foreign
800 protected series of a foreign series limited liability company
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801 if the records filed in the department show that the department
802 has filed a certificate of authority for the foreign series
803 limited liability company and a certificate of authority for the
804 foreign protected series. A certificate of status for a
805 registered foreign protected series of a registered foreign
806 series limited liability company must state all of the
807 following:
808 (a) The foreign series limited liability company's name
809 and any current alternative name adopted under s. 605.0906(1)
810 for use in this state.
811 (b) The name of the foreign protected series and any
812 current alternative name adopted under s. 605.0906(1) for use in
813 this state.
814 (c) That the foreign series limited liability company is
815 authorized to transact business in this state.
816 (d) That the foreign protected series is authorized to
817 transact business in this state.
818 (e) Whether all fees and penalties due to the department
819 under this chapter or other law by the foreign series limited
820 liability company and the foreign protected series have been
821 paid.
822 (f) Whether the foreign series limited liability company's
823 most recent annual report required by s. 605.0212 has been filed
824 by the department.
825 (g) Whether the foreign series limited liability company's
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826 most recent annual report includes the name of the foreign
827 protected series, unless:
828 1. When the foreign series limited liability company
829 delivered the annual report for filing, the foreign protected
830 series designation pertaining to the foreign protected series
831 had not yet taken effect; or
832 2. After the foreign series limited liability company
833 delivered the annual report for filing, the foreign series
834 limited liability company delivered to the department for filing
835 a statement of designation change which changes the name of the
836 foreign protected series.
837 (h) Whether the department has:
838 1. Revoked the foreign series limited liability company's
839 certificate of authority or revoked the foreign protected series
840 certificate of authority; or
841 2. Filed a notice of withdrawal of the certificate of
842 authority for the foreign series limited liability company or
843 for the foreign protected series.
844 (3) Subject to any qualification stated by the department
845 in a certificate of status, a certificate of status issued by
846 the department may be relied upon as conclusive evidence of the
847 facts stated in the certificate of status as to the active
848 status of the domestic or foreign series limited liability
849 company and any protected series of the domestic or foreign
850 limited liability company authorized to transact business in
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851 this state.
852 Section 18. Section 605.2206, Florida Statutes, is created
853 to read:
854 605.2206 Information required in annual report; failure to
855 comply.—
856 (1) In the annual report required by s. 605.0212, a series
857 limited liability company shall include the name of each
858 protected series of the company:
859 (a) For which the series limited liability company has
860 previously delivered to the department for filing a protected
861 series designation; and
862 (b) Which has not dissolved and completed winding up.
863 (2) The failure of a series limited liability company to
864 comply with subsection (1) with regard to a protected series
865 prevents issuance of a certificate of status pertaining to the
866 protected series, but does not otherwise affect the protected
867 series.
868 (3) In the annual report required by s. 605.0212, a
869 registered foreign series limited liability company shall
870 include the name of each registered foreign protected series of
871 the registered foreign series limited liability company:
872 (a) For which the registered foreign series limited
873 liability company has previously delivered to the department for
874 filing an application for a certificate of authority to transact
875 business in this state, which has been accepted by the
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876 department; and
877 (b) Which has not withdrawn its certificate of authority
878 to transact business in this state.
879 (4) The failure of a registered foreign series limited
880 liability company to comply with subsection (3) with regard to a
881 registered foreign protected series prevents issuance of a
882 certificate of status pertaining to the registered foreign
883 protected series.
884 Section 19. Section 605.2301, Florida Statutes, is created
885 to read:
886 605.2301 Associated asset.—
887 (1) Only an asset of a protected series may be an
888 associated asset of the protected series. Only an asset of a
889 series limited liability company may be an associated asset of
890 the company.
891 (2)(a) An asset of a protected series of a series limited
892 liability company is an associated asset of the protected series
893 only if the protected series creates and maintains records that
894 state the name of the protected series and describe the asset
895 with sufficient specificity to permit a disinterested,
896 reasonable individual to:
897 1. Identify the asset and distinguish it from any other
898 asset of the protected series, any asset of the series limited
899 liability company, and any asset of any other protected series
900 of the company;
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901 2. Determine when and from which person the protected
902 series acquired the asset or how the asset otherwise became an
903 asset of the protected series; and
904 3. If the protected series acquired the asset from the
905 series limited liability company or another protected series of
906 the company, determine any consideration paid, the payor, and
907 the payee.
908 (b) A deed or other instrument granting an interest in
909 real property to or from one or more protected series of a
910 series limited liability company, or any other instrument
911 otherwise affecting an interest in real property held by one or
912 more protected series of a series limited liability company, in
913 each case to the extent such deed or other instrument is in
914 favor of a person who gives value without knowledge of the lack
915 of authority of the person signing and delivering a deed or
916 other instrument and is recorded in the office for recording
917 transfers or other matters affecting real property, is
918 conclusive of the authority of the person signing and
919 constitutes a record that such interest in real property is an
920 associated asset or liability, as applicable, of the protected
921 series.
922 (3)(a) An asset of a series limited liability company is
923 an associated asset of the company only if the company creates
924 and maintains records that state the name of the company and
925 describe the asset with sufficient specificity to permit a
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926 disinterested, reasonable individual to:
927 1. Identify the asset and distinguish it from any other
928 asset of the series limited liability company and any asset of
929 any protected series of the company;
930 2. Determine when and from which person the series limited
931 liability company acquired the asset or how the asset otherwise
932 became an asset of the company; and
933 3. If the series limited liability company acquired the
934 asset from a protected series of the company, determine any
935 consideration paid, the payor, and the payee.
936 (b) A deed or other instrument granting an interest in
937 real property to or from a series limited liability company, or
938 any other instrument otherwise affecting an interest in real
939 property held by a series limited liability company, in each
940 case to the extent such deed or other instrument is in favor of
941 a person who gives value without knowledge of the lack of
942 authority of the person signing and delivering a deed or other
943 instrument and is recorded in the office for recording transfers
944 or other matters affecting real property, is conclusive of the
945 authority of the person signing and constitutes a record that
946 such interest in real property is an associated asset or
947 liability, as applicable, of the series limited liability
948 company.
949 (4) The records and recordkeeping required by subsections
950 (2) and (3) may be organized by specific listing, category,
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951 type, quantity, or computational or allocative formula or
952 procedure, including a percentage or share of any asset, or in
953 any other reasonable manner.
954 (5) To the extent authorized by this chapter and the laws
955 of this state other than this chapter, a series limited
956 liability company or protected series of a series limited
957 liability company may hold an associated asset directly or
958 indirectly, through a representative, nominee, or similar
959 arrangement, except for the following:
960 (a) A protected series may not hold an associated asset in
961 the name of the series limited liability company or another
962 protected series of the company; and
963 (b) A series limited liability company may not hold an
964 associated asset in the name of a protected series of the
965 company.
966 Section 20. Section 605.2302, Florida Statutes, is created
967 to read:
968 605.2302 Associated member.—
969 (1) Only a member of a series limited liability company
970 may be an associated member of a protected series of the
971 company.
972 (2) A member of a series limited liability company becomes
973 an associated member of a protected series of the company if the
974 operating agreement or a procedure established by the operating
975 agreement states all of the following:
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976 (a) That the member is an associated member of the
977 protected series.
978 (b) The date on which the member became an associated
979 member of the protected series.
980 (c) Any protected-series transferable interest the
981 associated member has in connection with becoming or being an
982 associated member of the protected series.
983 (3) If a person that is an associated member of a
984 protected series of a series limited liability company is
985 dissociated from the company, the person ceases to be an
986 associated member of the protected series.
987 Section 21. Section 605.2303, Florida Statutes, is created
988 to read:
989 605.2303 Protected-series transferable interest.—
990 (1) A protected-series transferable interest of a
991 protected series of a series limited liability company must be
992 owned initially by an associated member of the protected series
993 or the series limited liability company.
994 (2) If a protected series of a series limited liability
995 company has no associated members when established, the company
996 owns the protected-series transferable interests in the
997 protected series.
998 (3) In addition to acquiring a protected-series
999 transferable series interest under subsection (2), a series
1000 limited liability company may acquire a protected-series
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1001 transferable interest through a transfer from another person or
1002 as provided in the operating agreement.
1003 (4) Except for s. 605.2108(1)(c), any provision of this
1004 chapter which applies to a protected-series transferee of a
1005 protected series of a series limited liability company applies
1006 to the company in its capacity as an owner of a protected-series
1007 transferable interest of the protected series. Any provision of
1008 the operating agreement of a series limited liability company
1009 which applies to a protected-series transferee of a protected
1010 series of the company applies to the company in its capacity as
1011 an owner of a protected-series transferable interest of the
1012 protected series.
1013 Section 22. Section 605.2304, Florida Statutes, is created
1014 to read:
1015 605.2304 Management.—
1016 (1) A protected series may have one or more protected-
1017 series managers.
1018 (2) If a protected series has no associated members, the
1019 series limited liability company is the protected-series
1020 manager.
1021 (3) Section 605.2108 applies to the determination of any
1022 duties of a protected-series manager of a protected series to
1023 each of the following:
1024 (a) The protected series.
1025 (b) Any associated member of the protected series.
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1026 (c) Any protected-series transferee of the protected
1027 series.
1028 (4) Solely by reason of being or acting as a protected-
1029 series manager of a protected series, a person owes no duty to
1030 any of the following:
1031 (a) The series limited liability company.
1032 (b) Another protected series of the series limited
1033 liability company.
1034 (c) Another person in that person's capacity as:
1035 1. A member of the series limited liability company which
1036 is not an associated member of the protected series;
1037 2. A protected-series transferee or protected-series
1038 manager of another protected series; or
1039 3. A transferee of the series limited liability company.
1040 (5) An associated member of a protected series of a series
1041 limited liability company has the same rights as any other
1042 member of the company to vote on or consent to an amendment to
1043 the company's operating agreement or any other matter being
1044 decided by the members, regardless of whether the amendment or
1045 matter affects the interests of the protected series or the
1046 associated member.
1047 (6) The right of a member to maintain a derivative action
1048 to enforce a right of a limited liability company pursuant to s.
1049 605.0802 applies to each of the following:
1050 (a) An associated member of a protected series, in
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1051 accordance with s. 605.2108.
1052 (b) A member of a series limited liability company, in
1053 accordance with s. 605.2108.
1054 (7) An associated member of a member-managed protected
1055 series is an agent for the protected series with power to bind
1056 the protected series to the same extent that a member of a
1057 member-managed limited liability company is an agent for the
1058 company with power to bind the company under s. 605.04074(1)(a).
1059 A protected-series manager of a manager-managed protected series
1060 is an agent for the protected series with power to bind the
1061 protected series to the same extent that a manager of a manager-
1062 managed limited liability company is an agent for the company
1063 with power to bind the company under s. 605.04074(2)(b).
1064 Section 23. Section 605.2305, Florida Statutes, is created
1065 to read:
1066 605.2305 Right of a person that is not an associated
1067 member of a protected series to information of a protected
1068 series.—
1069 (1) A member of a series limited liability company which
1070 is not an associated member of a protected series of the company
1071 has a right to information concerning the protected series to
1072 the same extent, in the same manner, and under the same
1073 conditions that a member that is not a manager of a manager-
1074 managed limited liability company has a right to information of
1075 the company under s. 605.0410(1) and (3)(b).
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1076 (2) A person that was formerly an associated member of a
1077 protected series has a right to information concerning the
1078 protected series to the same extent, in the same manner, and
1079 under the same conditions that a person dissociated as a member
1080 of a manager-managed limited liability company has a right to
1081 information concerning the limited liability company under s.
1082 605.0410(4) or other applicable law.
1083 (3) If an associated member of a protected series dies,
1084 the legal representative of the deceased associated member has a
1085 right to information concerning the protected series to the same
1086 extent, in the same manner, and under the same conditions that
1087 the legal representative of a deceased member of a limited
1088 liability company has a right to information concerning the
1089 company under ss. 605.0410(9) and 605.0504.
1090 (4) A protected-series manager of a protected series has a
1091 right to information concerning the protected series to the same
1092 extent, in the same manner, and under the same conditions that a
1093 manager of a manager-managed limited liability company has a
1094 right to information concerning the company under s.
1095 605.0410(3)(a).
1096 (5) The court-ordered inspection provisions of s. 605.0411
1097 apply to the information rights regarding series limited
1098 liability companies and protected series of such companies.
1099 Section 24. Section 605.2401, Florida Statutes, is created
1100 to read:
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1101 605.2401 Limitations on liability.—
1102 (1) A person is not liable, directly or indirectly, by way
1103 of contribution or otherwise, for a debt, an obligation, or
1104 another liability of either of the following:
1105 (a) A protected series of a series limited liability
1106 company solely by reason of being or acting as:
1107 1. An associated member, protected-series manager, or
1108 protected-series transferee of the protected series; or
1109 2. A member, manager, or transferee of the company; or
1110 (b) A series limited liability company solely by reason of
1111 being or acting as an associated member, protected-series
1112 manager, or protected-series transferee of a protected series of
1113 the company.
1114 (2) Subject to s. 605.2404, the following apply:
1115 (a) A debt, an obligation, or another liability of a
1116 series limited liability company is solely the debt, obligation,
1117 or liability of the company.
1118 (b) A debt, an obligation, or another liability of a
1119 protected series is solely the debt, obligation, or liability of
1120 the protected series.
1121 (c) A series limited liability company is not liable,
1122 directly or indirectly, by way of contribution or otherwise, for
1123 a debt, an obligation, or another liability of a protected
1124 series of the company solely by reason of the protected series
1125 being a protected series of the company, or the series limited
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1126 liability company:
1127 1. Being or acting as a protected-series manager of the
1128 protected series;
1129 2. Having the protected series manage the series limited
1130 liability company; or
1131 3. Owning a protected-series transferable interest of the
1132 protected series.
1133 (d) A protected series of a series limited liability
1134 company is not liable, directly or indirectly, by way of
1135 contribution or otherwise, for a debt, an obligation, or another
1136 liability of the company or another protected series of the
1137 company solely by reason of:
1138 1. Being a protected series of the series limited
1139 liability company;
1140 2. Being or acting as a manager of the series limited
1141 liability company or a protected-series manager of another
1142 protected series of the company; or
1143 3. Having the series limited liability company or another
1144 protected series of the company be or act as a protected-series
1145 manager of the protected series.
1146 Section 25. Section 605.2402, Florida Statutes, is created
1147 to read:
1148 605.2402 Claim seeking to disregard limitation of
1149 liability.—
1150 (1) Except as otherwise provided in subsection (2), a
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1151 claim seeking to disregard a limitation in s. 605.2401 is
1152 governed by the principles of law and equity, including a
1153 principle providing a right to a creditor or holding a person
1154 liable for a debt, an obligation, or another liability of
1155 another person, which would apply if each protected series of a
1156 series limited liability company were a limited liability
1157 company formed separately from the series limited liability
1158 company and distinct from the series limited liability company
1159 and any other protected series of the series limited liability
1160 company.
1161 (2) The failure of a limited liability company or a
1162 protected series to observe formalities relating to the exercise
1163 of its powers or management of its activities and affairs is not
1164 a ground to disregard a limitation in s. 605.2401(1) but may be
1165 a ground to disregard a limitation in s. 605.2401(2).
1166 (3) This section applies to a claim seeking to disregard a
1167 limitation of liability applicable to a foreign series limited
1168 liability company or foreign protected series and comparable to
1169 a limitation stated in s. 605.2401, if either of the following
1170 applies:
1171 (a) The claimant is a resident of this state, transacting
1172 business in this state, or authorized to transact business in
1173 this state; or
1174 (b) The claim is to establish or enforce a liability
1175 arising under law of this state other than this chapter or from
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1176 an act or omission in this state.
1177 Section 26. Section 605.2403, Florida Statutes, is created
1178 to read:
1179 605.2403 Remedies of judgment creditor of associated
1180 member or other holder of a protected-series transferee.—The
1181 provisions of s. 605.0503 providing or restricting remedies
1182 available to a judgment creditor of a member or transferee of a
1183 limited liability company apply to a judgment creditor of either
1184 or both of the following:
1185 (1) An associated member or other holder of a protected-
1186 series transferable interest in a protected series of a series
1187 limited liability company or a foreign series limited liability
1188 company.
1189 (2) A series limited liability company, to the extent the
1190 company owns a protected-series transferable interest of a
1191 protected series.
1192 Section 27. Section 605.2404, Florida Statutes, is created
1193 to read:
1194 605.2404 Enforcement of claim against non-associated
1195 asset.—
1196 (1) For the purposes of this section, the term:
1197 (a) "Enforcement date" means 12:01 a.m. on the date on
1198 which a claimant first serves process on a series limited
1199 liability company or protected series in an action seeking to
1200 enforce a claim against an asset of the company or protected
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1201 series by attachment, levy, or similar means under this section.
1202 (b) "Incurrence date," subject to s. 605.2608(2), means
1203 the date on which a series limited liability company or
1204 protected series of the company incurred the liability giving
1205 rise to a claim that a claimant seeks to enforce under this
1206 section.
1207 (2) If a claim against a series limited liability company
1208 or a protected series of the company has been reduced to
1209 judgment, in addition to any other remedy provided by law or
1210 equity, the judgment may be enforced in accordance with the
1211 following:
1212 (a) A judgment against the series limited liability
1213 company may be enforced against an asset of a protected series
1214 of the company if the asset:
1215 1. Was a non-associated asset of the protected series on
1216 the incurrence date; or
1217 2. Is a non-associated asset of the protected series on
1218 the enforcement date.
1219 (b) A judgment against a protected series may be enforced
1220 against an asset of the series limited liability company if the
1221 asset:
1222 1. Was a non-associated asset of the series limited
1223 liability company on the incurrence date; or
1224 2. Is a non-associated asset of the series limited
1225 liability company on the enforcement date.
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1226 (c) A judgment against a protected series may be enforced
1227 against an asset of another protected series of the series
1228 limited liability company if the asset:
1229 1. Was a non-associated asset of the other protected
1230 series on the incurrence date; or
1231 2. Is a non-associated asset of the other protected series
1232 on the enforcement date.
1233 (3) In addition to any other remedy provided by law or
1234 equity, if a claim against a series limited liability company or
1235 a protected series has not been reduced to a judgment and law
1236 other than this chapter permits a prejudgment remedy by
1237 attachment, levy, or similar means, the court may apply
1238 subsection (2) as a prejudgment remedy.
1239 (4) In a proceeding under this section, the party
1240 asserting that an asset is or was an associated asset of a
1241 series limited liability company or a protected series of the
1242 series limited liability company has the burden of proof on the
1243 issue.
1244 (5) This section applies to an asset of a foreign series
1245 limited liability company or foreign protected series if all of
1246 the following apply:
1247 (a) The asset is real or tangible property located in this
1248 state.
1249 (b) The claimant is a resident of this state or is
1250 transacting business or authorized to transact business in this
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1251 state, or the claim under this section is to enforce a judgment,
1252 or to seek a prejudgment remedy, pertaining to a liability
1253 arising from the law of this state other than this chapter or an
1254 act or omission in this state.
1255 (c) The asset is not identified in the records of the
1256 foreign series limited liability company or foreign protected
1257 series in a manner comparable to the manner required by s.
1258 605.2301.
1259 Section 28. Section 605.2501, Florida Statutes, is created
1260 to read:
1261 605.2501 Events causing dissolution of protected series.—A
1262 protected series of a series limited liability company is
1263 dissolved, and its activities and affairs must be wound up, upon
1264 the occurrence of any of the following:
1265 (1) Dissolution of the series limited liability company.
1266 (2) Occurrence of an event or a circumstance that the
1267 operating agreement states causes dissolution of the protected
1268 series.
1269 (3) Affirmative vote or consent of all associated members
1270 of the protected series.
1271 (4) Entry by the court of an order dissolving the
1272 protected series on application by an associated member or a
1273 protected-series manager of the protected series:
1274 (a) In accordance with s. 605.2108; and
1275 (b) To the same extent, in the same manner, and on the
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1276 same grounds the court would enter an order dissolving a limited
1277 liability company on application by a member or manager of the
1278 limited liability company pursuant to s. 605.0702.
1279 (5) Entry by the court of an order dissolving the
1280 protected series on application by the series limited liability
1281 company or a member or manager of the series limited liability
1282 company:
1283 (a) In accordance with s. 605.2108; and
1284 (b) To the same extent, in the same manner, and on the
1285 same grounds the court would enter an order dissolving a limited
1286 liability company on application by a member or manager of the
1287 limited liability company pursuant to s. 605.0702.
1288 (6) Automatic or involuntary dissolution of the series
1289 limited liability company that established the protected series.
1290 (7) The filing of a statement of administrative
1291 dissolution of the limited liability company or a protected
1292 series of the company by the department pursuant to s. 605.0714.
1293 Section 29. Section 605.2502, Florida Statutes, is created
1294 to read:
1295 605.2502 Winding up dissolved protected series.—
1296 (1) Subject to subsections (2) and (3) and in accordance
1297 with s. 605.2108, the following apply:
1298 (a) A dissolved protected series shall wind up its
1299 activities and affairs in the same manner that a dissolved
1300 limited liability company winds up its activities and affairs
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1301 under s. 605.0709, subject to the same requirements and
1302 conditions, and with the same effects.
1303 (b) Judicial supervision or another judicial remedy is
1304 available in the winding up of the protected series to the same
1305 extent, in the same manner, under the same conditions, and with
1306 the same effects that apply under s. 605.0709(5).
1307 (2) When a protected series of a series limited liability
1308 company dissolves, the company may deliver to the department for
1309 filing its articles of protected series dissolution stating the
1310 name of the series limited liability company and the protected
1311 series and that the protected series is dissolved. The filing of
1312 the articles of dissolution by the department has the same
1313 effect with regard to the protected series as the filing by a
1314 limited liability company of articles of dissolution with the
1315 department under s. 605.0707.
1316 (3) When a protected series of a series limited liability
1317 company has completed winding up in accordance with s. 605.0709,
1318 the company that established the protected series may deliver to
1319 the department for filing a statement of designation
1320 cancellation, stating all of the following:
1321 (a) The name of the company and the protected series.
1322 (b) That the protected series is terminated with the
1323 effective date of the termination if that date is not the date
1324 of filing of the statement of designation cancellation.
1325 (c) Any other information required by the department.
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1326 (4) The filing of the statement of designation
1327 cancellation by the department has the same effect as the filing
1328 by the department of a statement of termination under s.
1329 605.0709(7).
1330 (5) A series limited liability company has not completed
1331 its winding up until each of the protected series of the company
1332 has completed its winding up.
1333 Section 30. Section 605.2503, Florida Statutes, is created
1334 to read:
1335 605.2503 Effects of reinstatement of series limited
1336 liability company; revocation of voluntary dissolution.—If a
1337 series limited liability company that has been administratively
1338 dissolved is reinstated, or if a series limited liability
1339 company that voluntarily dissolved revokes its articles of
1340 dissolution before filing a statement of termination, both of
1341 the following apply:
1342 (1) Each protected series of the series limited liability
1343 company ceases winding up.
1344 (2) Section 605.0708 applies to the series limited
1345 liability company and to each protected series of the company,
1346 in accordance with s. 605.2108.
1347 Section 31. Section 605.2601, Florida Statutes, is created
1348 to read:
1349 605.2601 Entity transactions involving a series limited
1350 liability company or a protected series of the company
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1351 restricted; definitions.—As used in ss. 605.2601-605.2608, the
1352 term:
1353 (1) "After a merger" or "after the merger" means when a
1354 merger under s. 605.2604 becomes effective and any time
1355 thereafter.
1356 (2) "Before a merger" or "before the merger" means before
1357 a merger under s. 605.2604 becomes effective.
1358 (3) "Continuing protected series" means a protected series
1359 of a surviving series limited liability company which continues
1360 in uninterrupted existence after a merger under s. 605.2604.
1361 (4) "Merging company" means a limited liability company
1362 that is party to a merger under s. 605.2604.
1363 (5) "Non-surviving company" means a merging company that
1364 does not continue in existence after a merger under s. 605.2604.
1365 (6) "Relocated protected series" means a protected series
1366 of a non-surviving company which, after a merger under s.
1367 605.2604, continues in uninterrupted existence as a protected
1368 series of the surviving company.
1369 (7) "Surviving company" means a merging company that
1370 continues in existence after a merger under s. 605.2604.
1371 Section 32. Section 605.2602, Florida Statutes, is created
1372 to read:
1373 605.2602 Restrictions on entity transactions involving
1374 protected series.—Except as provided in ss. 605.2605(2),
1375 605.2606(2), and 605.2607(1), a protected series may not
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1376 participate in; be a party to; result from; or be formed,
1377 organized, established, or created by either of the following:
1378 (1) A conversion, domestication, interest exchange, or
1379 merger under this chapter or the law of a foreign jurisdiction,
1380 however the transaction is denominated under such law; or
1381 (2) A transaction with the same substantive effect as a
1382 conversion, domestication, interest exchange, or merger under
1383 the law of this state or a foreign jurisdiction.
1384 Section 33. Section 605.2603, Florida Statutes, is created
1385 to read:
1386 605.2603 Restrictions on entity transactions involving
1387 series limited liability company.—A series limited liability
1388 company may not:
1389 (1) Participate in; be a party to; result from; or be
1390 formed, organized, established, or created by either of the
1391 following:
1392 (a) A conversion, domestication, or interest exchange,
1393 under this chapter or the law of a foreign jurisdiction, however
1394 the transaction is denominated under such law; or
1395 (b) A transaction with the same substantive effect as a
1396 conversion, domestication, or interest exchange under the law of
1397 this state or a foreign jurisdiction.
1398 (2) Except as otherwise provided in s. 605.2604, be a
1399 party to or the surviving company of either of the following:
1400 (a) A merger under this chapter or the law of a foreign
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1401 jurisdiction, however a merger is denominated under such law; or
1402 (b) A transaction with the same substantive effect as a
1403 merger under the law of this state or a foreign jurisdiction.
1404 Section 34. Section 605.2604, Florida Statutes, is created
1405 to read:
1406 605.2604 Restrictions on merger.—A series limited
1407 liability company may be a party to a merger in accordance with
1408 ss. 605.1021-605.1026, this section, and ss. 605.2605-605.2608
1409 only if both of the following apply:
1410 (1) Each other party to the merger is a limited liability
1411 company.
1412 (2) The surviving company is not created in the merger.
1413 Section 35. Section 605.2605, Florida Statutes, is created
1414 to read:
1415 605.2605 Plan of merger.—In a merger under s. 605.2604,
1416 the plan of merger must do all of the following:
1417 (1) Comply with s. 605.1022 relating to the contents of a
1418 plan of merger of a limited liability company.
1419 (2) State in a record:
1420 (a) For any protected series of a non-surviving company,
1421 whether, after the merger, the protected series will be a
1422 relocated protected series or be dissolved, wound up, and
1423 terminated.
1424 (b) For any protected series of the surviving company
1425 which exists before the merger, whether, after the merger, the
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1426 protected series will be a continuing protected series or be
1427 dissolved, wound up, and terminated.
1428 (c) For each relocated protected series or continuing
1429 protected series:
1430 1. The name of any person that becomes an associated
1431 member or a protected-series transferee of the protected series
1432 after the merger, any consideration to be paid by, on behalf of,
1433 or in respect of the person, the name of the payor, and the name
1434 of the payee;
1435 2. The name of any person whose rights or obligations in
1436 the person's capacity as an associated member or a protected-
1437 series transferee will change after the merger;
1438 3. Any consideration to be paid to a person that before
1439 the merger was an associated member or a protected-series
1440 transferee of the protected series and the name of the payor;
1441 and
1442 4. If, after the merger, the protected series will be a
1443 relocated protected series, its new name.
1444 (d) For any protected series to be established by the
1445 surviving company as a result of the merger:
1446 1. The name of the protected series and the address of its
1447 principal office;
1448 2. Any protected-series transferable interest to be owned
1449 by the surviving company when the protected series is
1450 established; and
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1451 3. The name of and any protected-series transferable
1452 interest owned by any person that will be an associated member
1453 of the protected series when the protected series is
1454 established.
1455 (e) For any person that is an associated member of a
1456 relocated protected series and will remain a member after the
1457 merger, any amendment to the operating agreement of the
1458 surviving limited liability company which:
1459 1. Is or is proposed to be in a record; and
1460 2. Is necessary or appropriate to state the rights and
1461 obligations of the person as a member of the surviving limited
1462 liability company.
1463 Section 36. Section 605.2606, Florida Statutes, is created
1464 to read:
1465 605.2606 Articles of merger.—In a merger under s.
1466 605.2604, the articles of merger must do all of the following:
1467 (1) Comply with s. 605.1025 relating to the articles of
1468 merger.
1469 (2) Include as an attachment all of the following records,
1470 each to become effective when the merger becomes effective:
1471 (a) For a protected series of a merging company being
1472 terminated as a result of the merger, a statement of designation
1473 cancellation and termination signed by the non-surviving merging
1474 company.
1475 (b) For a protected series of a non-surviving company
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1476 which after the merger will be a relocated protected series:
1477 1. A statement of relocation signed by the non-surviving
1478 company which contains the name of the series limited liability
1479 company and the name of the protected series before and after
1480 the merger; and
1481 2. A statement of protected series designation signed by
1482 the surviving company.
1483 (c) For a protected series being established by the
1484 surviving company as a result of the merger, a protected series
1485 designation signed by the surviving company.
1486 Section 37. Section 605.2607, Florida Statutes, is created
1487 to read:
1488 605.2607 Effect of merger.—When a merger of a protected
1489 series under s. 605.2604 becomes effective, in addition to the
1490 effects stated in s. 605.1026, all of the following apply:
1491 (1) As provided in the plan of merger, each protected
1492 series of each merging series limited liability company which
1493 was established before the merger is either a relocated
1494 protected series or continuing protected series, or is
1495 dissolved, wound up, and terminated.
1496 (2) Any protected series to be established as a result of
1497 the merger is established.
1498 (3) Any relocated protected series or continuing protected
1499 series is the same person without interruption as it was before
1500 the merger.
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1501 (4) All property of a relocated protected series or
1502 continuing protected series continues to be vested in the
1503 protected series without transfer, reversion, or impairment.
1504 (5) All debts, obligations, and other liabilities of a
1505 relocated protected series or continuing protected series
1506 continue as debts, obligations, and other liabilities of the
1507 relocated protected series or continuing protected series.
1508 (6) Except as otherwise provided by law or the plan of
1509 merger, all the rights, privileges, immunities, powers, and
1510 purposes of a relocated protected series or continuing protected
1511 series remain in the protected series.
1512 (7) The new name of a relocated protected series may be
1513 substituted for the former name of the relocated protected
1514 series in any pending action or proceeding.
1515 (8) To the extent provided in the plan of merger, the
1516 following apply:
1517 (a) A person becomes an associated member or a protected-
1518 series transferee of a relocated protected series or continuing
1519 protected series.
1520 (b) A person becomes an associated member of a protected
1521 series established by the surviving company as a result of the
1522 merger.
1523 (c) Any change in the rights or obligations of a person in
1524 the person's capacity as an associated member or a protected-
1525 series transferee of a relocated protected series or continuing
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1526 protected series takes effect.
1527 (d) Any consideration to be paid to a person that before
1528 the merger was an associated member or a protected-series
1529 transferee of a relocated protected series or continuing
1530 protected series is due.
1531 (9) Any person that is an associated member of a relocated
1532 protected series becomes a member of the surviving company, if
1533 not already a member.
1534 Section 38. Section 605.2608, Florida Statutes, is created
1535 to read:
1536 605.2608 Application of s. 605.2404 after merger.—
1537 (1) A creditor's right that existed under s. 605.2404
1538 immediately before a merger under that section may be enforced
1539 after the merger in accordance with the following provisions:
1540 (a) A creditor's right that existed immediately before the
1541 merger against the surviving company, a continuing protected
1542 series, or a relocated protected series continues without change
1543 after the merger.
1544 (b) A creditor's right that existed immediately before the
1545 merger against a non-surviving company:
1546 1. May be asserted against an asset of the non-surviving
1547 company which vested in the surviving company as a result of the
1548 merger; and
1549 2. Does not otherwise change.
1550 (c) Subject to subsection (2), the following provisions
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1551 apply:
1552 1. In addition to the remedy stated in paragraph (b), a
1553 creditor with a right conferred under s. 605.2404 which existed
1554 immediately before the merger against a non-surviving company or
1555 a relocated protected series may assert the right against:
1556 a. An asset of the surviving company, other than an asset
1557 of the non-surviving company which vested in the surviving
1558 company as a result of the merger;
1559 b. An asset of a continuing protected series;
1560 c. An asset of a protected series established by the
1561 surviving company as a result of the merger;
1562 d. If the creditor's right was against an asset of the
1563 non-surviving company, an asset of a relocated protected series;
1564 or
1565 e. If the creditor's right was against an asset of a
1566 relocated protected series, an asset of another relocated
1567 protected series.
1568 2. In addition to the remedy stated in paragraph (b), a
1569 creditor with a right that existed immediately before the merger
1570 against the surviving company or a continuing protected series
1571 may assert the right against:
1572 a. An asset of a relocated protected series; or
1573 b. An asset of a non-surviving company which vested in the
1574 surviving company as a result of the merger.
1575 (2) For the purposes of paragraph (1)(c) and s.
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1576 605.2404(2)(a)1., (b)1., and (c)1., the incurrence date is
1577 deemed to be the date on which the merger becomes effective.
1578 (3) A merger under s. 605.2604 does not affect the manner
1579 in which s. 605.2404 applies to a liability incurred after the
1580 merger becomes effective.
1581 Section 39. Section 605.2701, Florida Statutes, is created
1582 to read:
1583 605.2701 Governing law; foreign series limited liability
1584 companies and foreign protected series.—The law of the governing
1585 jurisdiction of a foreign series limited liability company
1586 governs all of the following:
1587 (1) The internal affairs of a foreign protected series of
1588 the foreign series limited liability company, including the
1589 following:
1590 (a) Relations among any associated members of the foreign
1591 protected series.
1592 (b) Relations between the foreign protected series and:
1593 1. Any associated member;
1594 2. Any protected-series manager; or
1595 3. Any protected-series transferee.
1596 (c) Relations between any associated member and:
1597 1. Any protected-series manager; or
1598 2. Any protected-series transferee.
1599 (d) The rights and duties of a protected-series manager.
1600 (e) Governance decisions affecting the activities and
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1601 affairs of the foreign protected series and the conduct of those
1602 activities and affairs.
1603 (f) Procedures and conditions for becoming an associated
1604 member or a protected-series transferee.
1605 (2) Relations between the foreign protected series and the
1606 following:
1607 (a) The foreign series limited liability company.
1608 (b) Another foreign protected series of the foreign series
1609 limited liability company.
1610 (c) A member of the foreign series limited liability
1611 company which is not an associated member of the foreign
1612 protected series.
1613 (d) A foreign protected-series manager that is not a
1614 protected-series manager of the foreign protected series.
1615 (e) A foreign protected-series transferee that is not a
1616 foreign protected-series transferee of the foreign protected
1617 series.
1618 (f) A transferee of a transferable interest of the foreign
1619 series limited liability company.
1620 (3) Except as otherwise provided in ss. 605.2402 and
1621 605.2404, the liability of a person for a debt, an obligation,
1622 or another liability of a foreign protected series of a foreign
1623 series limited liability company if the debt, obligation, or
1624 liability is asserted solely by reason of the person being or
1625 acting as any of the following:
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1626 (a) An associated member, a protected-series transferee,
1627 or a protected-series manager of the foreign protected series.
1628 (b) A member of the foreign series limited liability
1629 company which is not an associated member of the foreign
1630 protected series.
1631 (c) A protected-series manager of another foreign
1632 protected series of the foreign series limited liability
1633 company.
1634 (d) A protected-series transferee of another foreign
1635 protected series of the foreign series limited liability
1636 company.
1637 (e) A manager of the foreign series limited liability
1638 company.
1639 (f) A transferee of a transferable interest of the foreign
1640 series limited liability company.
1641 (4) Except as otherwise provided in ss. 605.2402 and
1642 605.2404, the following apply:
1643 (a) The liability of the foreign series limited liability
1644 company for a debt, an obligation, or another liability of a
1645 foreign protected series of the foreign series limited liability
1646 company if the debt, obligation, or liability is asserted solely
1647 by reason of the foreign protected series being a foreign
1648 protected series of the foreign series limited liability
1649 company, or the foreign protected series limited liability
1650 company:
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1651 1. Being or acting as a foreign protected-series manager
1652 of the foreign protected series;
1653 2. Having the foreign protected series manage the foreign
1654 series limited liability company; or
1655 3. Owning a protected-series transferable interest of the
1656 foreign protected series.
1657 (b) The liability of a foreign protected series for a
1658 debt, an obligation, or another liability of the foreign series
1659 limited liability company or another foreign protected series of
1660 the foreign series limited liability company, if the debt,
1661 obligation, or liability is asserted solely by reason of the
1662 foreign protected series:
1663 1. Being a foreign protected series of the foreign series
1664 limited liability company or having the foreign series limited
1665 liability company or another foreign protected series of the
1666 foreign series limited liability company be or act as a foreign
1667 protected-series manager of the foreign protected series; or
1668 2. Managing the foreign series limited liability company
1669 or being or acting as a foreign protected-series manager of
1670 another foreign protected series of the foreign series limited
1671 liability company.
1672 Section 40. Section 605.2702, Florida Statutes, is created
1673 to read:
1674 605.2702 No attribution of activities constituting
1675 transacting business or for establishing jurisdiction.—In
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1676 determining whether a foreign series limited liability company
1677 or foreign protected series of the foreign series limited
1678 liability company is transacting business in this state or is
1679 subject to the personal jurisdiction of the courts in this
1680 state, the following apply:
1681 (1) The activities and affairs of the foreign series
1682 limited liability company are not attributable to a foreign
1683 protected series of the foreign series limited liability company
1684 solely by reason of the foreign protected series being a foreign
1685 protected series of the foreign series limited liability
1686 company.
1687 (2) The activities and affairs of a foreign protected
1688 series are not attributable to the foreign series limited
1689 liability company or another foreign protected series of the
1690 foreign series limited liability company, solely by reason of
1691 the foreign protected series being a foreign protected series of
1692 the foreign series limited liability company.
1693 Section 41. Section 605.2703, Florida Statutes, is created
1694 to read:
1695 605.2703 Certificate of authority for foreign series
1696 limited liability company and foreign protected series;
1697 amendment of application.—
1698 (1) Except as otherwise provided in this section and
1699 subject to ss. 605.2402 and 605.2404, the laws of this state
1700 governing application by a foreign limited liability company to
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1701 obtain a certificate of authority to transact business in this
1702 state as required under s. 605.0902, including the effect of
1703 obtaining a certificate of authority under s. 605.0903, and the
1704 effect of failure to have a certificate of authority as
1705 described in s. 605.0904, apply to a foreign series limited
1706 liability company and to a foreign protected series of a foreign
1707 series limited liability company, as if the foreign protected
1708 series was a foreign limited liability company formed separately
1709 from the foreign series limited liability company, and distinct
1710 from the foreign series limited liability company and any other
1711 foreign protected series of the foreign series limited liability
1712 company.
1713 (2) An application by a foreign protected series of a
1714 foreign series limited liability company for a certificate of
1715 authority to transact business in this state must include all of
1716 the following:
1717 (a) The name and governing jurisdiction of the foreign
1718 series limited liability company and the foreign protected
1719 series seeking a certificate of authority, and all of the other
1720 information required under s. 605.0902, and any other
1721 information required by the department.
1722 (b) If the company has other foreign protected series, the
1723 name, title, capacity, and street and mailing address of at
1724 least one person that has the authority to manage the foreign
1725 limited liability company and that knows the name and street and
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1726 mailing address of:
1727 1. Each other foreign protected series of the foreign
1728 series limited liability company; and
1729 2. The foreign protected-series manager of, and the
1730 registered agent for service of process on, each other foreign
1731 protected series of the foreign series limited liability
1732 company.
1733 (3) The name of a foreign protected series applying for a
1734 certificate of authority to transact business in this state must
1735 comply with ss. 605.0112 and 605.2202, which may be accomplished
1736 by using an alternate name pursuant to ss. 605.0906 and 865.09,
1737 if the alternate name complies with ss. 605.0112, 605.0906, and
1738 605.2202.
1739 (4) The requirements in s. 605.0907 relating to required
1740 information and amending of a certificate of authority apply to
1741 the information required by subsection (2).
1742 (5) Sections 605.0903-605.0912 apply to a foreign limited
1743 liability company and to a protected series of a foreign series
1744 limited liability company applying for, amending, or withdrawing
1745 a certificate of authority to transact business in this state.
1746 Section 42. Section 605.2704, Florida Statutes, is created
1747 to read:
1748 605.2704 Disclosure required when a foreign series limited
1749 liability company or foreign protected series becomes a party to
1750 a proceeding.—
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1751 (1) Not later than 30 days after becoming a party to a
1752 proceeding before a civil, administrative, or other adjudicative
1753 tribunal of or located in this state, or a tribunal of the
1754 United States located in this state:
1755 (a) A foreign series limited liability company shall
1756 disclose to each other party the name and street and mailing
1757 address of:
1758 1. Each foreign protected series of the foreign series
1759 limited liability company; and
1760 2. Each foreign protected-series manager of and a
1761 registered agent for service of process for each foreign
1762 protected series of the foreign series limited liability
1763 company.
1764 (b) A foreign protected series of a foreign series limited
1765 liability company shall disclose to each other party the name
1766 and street and mailing address of:
1767 1. The foreign series limited liability company and each
1768 manager of the foreign series limited liability company and an
1769 agent for service of process for the foreign series limited
1770 liability company; and
1771 2. Any other foreign protected series of the foreign
1772 series limited liability company and each foreign protected-
1773 series manager of and an agent for service of process for the
1774 other foreign protected series.
1775 (2) If a foreign series limited liability company or
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1776 foreign protected series challenges the personal jurisdiction of
1777 the tribunal, the requirement that the foreign series limited
1778 liability company or foreign protected series make disclosure
1779 under subsection (1) is tolled until the tribunal determines
1780 whether it has personal jurisdiction.
1781 (3) If a foreign series limited liability company or
1782 foreign protected series does not comply with subsection (1), a
1783 party to the proceeding may do one or both of the following:
1784 (a) Request the tribunal to treat the noncompliance as a
1785 failure to comply with the tribunal's discovery rules.
1786 (b) Bring a separate proceeding in the court to enforce
1787 subsection (1).
1788 Section 43. Section 605.2801, Florida Statutes, is created
1789 to read:
1790 605.2801 Relation to Electronic Signatures in Global and
1791 National Commerce Act.—Section 605.1102 applies to ss. 605.2101-
1792 605.2802.
1793 Section 44. Section 605.2802, Florida Statutes, is created
1794 to read:
1795 605.2802 Effective date.—
1796 (1) Beginning January 1, 2026, this chapter governs all
1797 domestic and foreign protected series limited liability
1798 companies and all domestic protected series and all foreign
1799 series that transact business in this state.
1800 (2) A domestic limited liability company formed before
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1801 January 1, 2026, may not create or designate any protected
1802 series before the effective date of this act.
1803 Section 45. This act shall take effect January 1, 2026.
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HB 429
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 429 COMPANION BILL: SB 1820 (Leek)
TITLE: Motor Vehicle Manufacturers and Franchised LINKED BILLS: None
Motor Vehicle Dealers RELATED BILLS: None
SPONSOR(S): Yeager
Committee References
Industries & Professional Civil Justice & Claims Commerce
Activities
SUMMARY
Effect of the Bill:
The bill revises provisions of the Florida Motor Vehicle Dealership Act (Act), which governs the licensure of, and
contractual relationship between, motor vehicle dealers, manufacturers, distributors, and importers. The bill
revises the prohibition regarding motor vehicle manufacturers measurement of the sales or service performance of
franchised motor vehicle dealers. The bill prohibits manufacturers from implementing certain actions that are not
in good faith. The bill revises provisions that govern discontinuations, cancellations, nonrenewals, modifications,
and replacement of franchise agreements. The bill authorizes standing rights to motor vehicle dealer associations
without the necessity of establishing irreparable harm.
Fiscal or Economic Impact:
The bill may have a positive economic impact on franchised motor vehicle dealers in the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises provisions of the Act related to the licensure, and contractual agreements, of motor vehicle dealers
and manufacturers. The bill adds “common entity” to the prohibition of an applicant, licensee, or common entity
(manufacturer) from measuring the sales or service performance of their franchised motor vehicle dealers, and
further prohibits such measurements that are not noticed and explained in writing to the motor vehicle dealer
before the beginning of the period for which the dealer's sales or service performance is measured. (Section 1)
The bill prohibits manufacturers from implementing or enforcing such sales measuring criteria without providing
a written description to each such franchised dealer in this state. The bill requires, upon written request of a motor
vehicle dealer, a manufacturer to provide the motor vehicle dealer all data on which the manufacturer relied in
designing, calculating, establishing, and uniformly applying any sales or service performance measurement
criteria. (Section 1)
The bill prohibits manufacturers and their common entities from engaging in any action, or implementing any
policy, standard, rule, practice, or program, that is not in good faith, which includes:
• Conduct that is in whole or in part dishonest, deceptive, malicious, economically coercive, intimidating,
threatening, or motivated by a desire to harm, punish, or adversely affect a motor vehicle dealer; or
• Conduct engaged in as retaliation against a motor vehicle dealer in whole or in part because the dealer:
o Invoked any statutory right created by motor vehicle franchise law;
o Asserted that the manufacturer has acted in a manner that violates the motor vehicle franchise law;
or
STORAGE NAME: h0429.IPA
DATE: 3/10/2025
1
o Testified, assisted, or participated in any manner in an investigation, proceeding, or hearing that
may directly or indirectly affect the manufacturer. (Section 1)
The bill revises the exceptions to when a discontinuation, cancellation, or nonrenewal of a motor vehicle franchise
agreement is considered unfair to include when such actions apply to all same line-make franchised motor vehicle
dealers and are otherwise permitted. (Section 2)
The bill revises the burden of proof requirement for manufacturers when a modification or replacement of a
franchise agreement is considered unfair to specify that the manufacturer also has the burden of proof that the
discontinuation, cancellation, nonrenewal, modification, or replacement is fair and not prohibited. (Section 2)
The bill removes the authority of a motor vehicle dealer association with at least one member with a current
franchise agreement to make a complaint of a violation of the motor vehicle franchise law to the Department of
Highway Safety and Motor Vehicles (DHSMV), which prompts DHSMV to conduct an inquiry of a manufacturer.
(Section 3)
The bill revises the provision that authorizes motor vehicle franchised dealers to make an application to a circuit
court of the state for a temporary or permanent injunction to restrain any licensee from violating or continuing to
violate any of the provisions of the Act or from failing or refusing to comply with these statutory requirements, as
follows:
• Adds motor vehicle dealer associations to the entities that are allowed to apply to the circuit court for an
injunction.
• Requires that the judicial jurisdiction of the injunction process include any court of competent jurisdiction
instead of only the circuit court.
• Specifies that it is not necessary to establish irreparable harm in order to issue an injunction. (Section 4)
The bill revises provisions that allow franchised dealers to seek a declaration and adjudication with DHSMV for a
proceeding and administrative hearing, or filing a written objection or notice of protest with DHSMV, as follows:
• Adds motor vehicle dealer associations on behalf of a member who is directly and adversely affected to the
entities that are allowed to file a request with DHSMV.
• Specifies that motor vehicle associations may file such a request based on the rights of its members.
• Specifies that a motor vehicle dealer with standing to protest a proposed dealer based on physical location
may file with DHSMV a written objection or notice of protest. (Section 5)
The effective date of the bill is July 1, 2025. (Section 6)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive economic impact on franchised motor vehicle dealers in the state as it protects their
current business model.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Automobile Dealership Act
The Act, 1 governs the licensure of, and contractual relationship (franchise agreements 2) between, motor vehicle
manufacturers, 3 distributors, 4 and importers, 5 and provides substantial protections for motor vehicle dealers. 6 The
Division of Motor Vehicles (Division) within DHSMV administers and enforces the Act, which generally specifies:
1
Ch. 70-424, Laws of Fla., codified in ch. 320, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
• Motor vehicle manufacturers, distributors, and importers (licensees) must be licensed under the Act to
engage in business in Florida and the conditions and situations under which the DHSMV may deny,
suspend, or revoke such licenses;
• The requirements for licensees wishing to discontinue, cancel, modify, or otherwise replace a franchise
agreement with a dealer, and the conditions under which the DHSMV may deny such a request;
• The procedures licensees must follow to add a franchised dealership in an area already served by a
franchised dealer, the protest process, and the DHSMV’s role in such circumstances;
• The damages assessable against a licensee who violates the Act; and
• The DHSMV’s authority to adopt rules to implement these sections of law. 7
Common Entity
When the Act refers to a "common entity" it is referring to a person or business that is directly or indirectly
controlled by, or has more than 30 percent equity interest in, a manufacturer, importer, distributor, or licensee, or
an affiliate thereof. 8
Measuring Sales or Service Performance
The Act prohibits applicants or licensees from measuring the sales or service performance of any of their
franchised motor vehicle dealers in this state which have a material or adverse effect on any motor vehicle dealer
that are unfair, unreasonable, arbitrary, or inequitable, or do not include all relevant and material local and
regional criteria, data, and facts. 9
Discontinuing, Canceling, Nonrenewing, Modifying, or Replacing Franchise Agreements
The Act authorizes motor vehicle dealers who receive a notice of intent to discontinue, cancel, not renew, modify,
or replace a franchise agreement from a manufacturer to, within the 90-day notice period, file a petition or
complaint for a determination of whether such action is unfair or prohibited. Such actions are considered unfair if
they are not: 10
• Clearly permitted by the franchise agreement;
2
“Franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, ore dealer agreement
or any other terminology used to describe the contractual relationship between a manufacturer, factory branch, distributor, or importer,
and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact business pertaining to motor vehicles
of a particular line-make. “Line-make vehicles”, in turn, means motor vehicles which are offered for sale, lease, or distribution under a
common name, trademark, service mark, or brand name of the manufacturer of same (such as Ford, General Motors, or Honda).
However, motor vehicles sold or leased under multiple brand names or marks constitute a single line-make when they are included in
a single franchise agreement, and every motor vehicle dealer in this state authorized to sell or lease any such vehicles has been offered
the right to sell or lease all of the multiple brand names or marks covered by the single franchise agreement. S. 320.60(1) and (14),
F.S.
3
“Motor vehicle manufacturer” means any person, whether a resident or non-resident of this state, who manufactures or assembles
motor vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment which, when
installed, form an integral part of the motor vehicle and which constitute a major manufacturing alteration. This term includes a central
or principal sales corporation or other entity through which, by contractual agreement or otherwise, it distributes its products. S.
320.60(9), F.S.
4
“Distributor” means a person, resident or nonresident, who, in whole or in part, sells or distributes motor vehicles to motor vehicle
dealers or who maintains distributor representatives. S. 320.60(5), F.S.
5
“Importers” means a person who imports vehicles from a foreign country into the United States or into this state for the purpose of
sale or lease. S. 320.60(7), F.S.
6
“Motor vehicle dealer” means any person, firm, company, corporation, or entity who holds a license under s. 32.27, F.S., as a
“franchised motor vehicle dealer” and, for commission, money, or other things of value, repairs or services motor vehicles pursuant to
a franchise agreement; sells, exchanges, buys, leases or rents, or offers, or attempts to negotiate a sale or exchange of any interest in,
motor vehicles,; or is engaged wholly or in party in the business of selling motor vehicles, whether or not such motor vehicles are
owned by such person, firm, company, or corporation. Further, any person who repairs or services three or more motor vehicles; buys,
sells, or deals in three or more motor vehicles in any 12-month period; or offers or displays for sale three or more motor vehicles is
presumed to be a motor vehicle dealer, with exceptions. S. 32.60(11), F.S.
7
S. 320.011, F.S.; ss. 320.60-320.70, F.S.
8 S. 320.60(2)(a), F.S.
9 S. 320.64(42)(a), F.S.
10 S. 320.641(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
• Undertaken in good faith;
• Undertaken for good cause;
• Based on a material and substantial breach of the franchise agreement; or
• Applied uniformly.
The Act provides new motor vehicle dealers with at least 180 days to correct an alleged failure before a
manufacturer is authorized to send the notice of discontinuation, cancellation, or nonrenewal. 11
A modification or replacement is unfair if it is not: 12
• Clearly permitted by the franchise agreement;
• Undertaken in good faith; or
• Undertaken for good cause.
The applicant or licensee has the burden of proof that such action is fair and not prohibited. 13
Complaints and Conduct of Inquiry
The act requires DHSMV to conduct an inquiry of a manufacturer relating to any written complaint alleging a
violation of any provision of ss. 320.61-320.70, of the Act, made by the following entities: 14
• A motor vehicle dealer with a current franchise agreement with the manufacturer, or
• A motor vehicle dealer association with at least one member with a current franchise agreement issued by
the manufacturer.
Injunctions
DHSMV, or any motor vehicle dealer in the name of the DHSMV and the state and for the use and benefit of the
motor vehicle dealer, may generally apply to any circuit court of the state for a temporary or permanent
injunction 15 restraining any person from the following: 16
• Acting as a licensee under the Act without being properly licensed;
• Violating or continuing to violate the Act; or
• Failing or refusing to comply with the requirements of injunction statute or any rule or regulation adopted
thereunder.
The Act requires such injunctions to be issued without bond, and specifies that a single act in violation is sufficient
to authorize the issuance of an injunction. However, this statutory remedy is not applicable to any motor vehicle
dealer after final determination by DHSMV to discontinue, cancel, not renew, modify, or replace a franchise
agreement. 17
Administrative Hearings and Adjudications
A dealer who is directly and adversely affected by the actions or conduct of a manufacturer, which actions or
conduct allegedly violate the Act, may seek a declaration and adjudication of its rights by filing with the DHSMV
either a: 18
• Request for an administrative hearing under ch. 120, F.S.; or
• Written objection or notice of protest as prescribed by the Act.
11 Id.
12 Id.
13 Id.
14 S. 320.67, F.S.
15
An “injunction” is a court order requiring a person to do or cease doing a specific action. Legal Information Institute, Injunction,
https://www.law.cornell.edu/wex/injunction (last visited March 7, 2025).
16
S. 320.695, F.S.
17 Id.
18
S. 320.699(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
If a written objection or notice of protest is filed with the DHSMV, a hearing must occur no sooner than 180 days, or
later than 240 days, from the date of the filing of the first written objection or notice of protest, unless the time is
extended by the administrative law judge for good cause shown. 19
Motor Vehicle Dealer Association Standing
On May 3, 2022, the First District Court of Appeal affirmed a decision by the DHSMV that the Florida Automobile
Dealers Association (FADA) lacked standing to challenge a licensee’s alleged violations of the Act. 20 Specifically, the
court held that, even though FADA’s members are motor vehicle dealers, FADA lacked standing because:
• It is not itself a motor vehicle dealer or other statutorily-authorized person or entity that may bring such a
challenge; and
• Was not directly and negatively impacted by the licensee’s actions or conduct. 21
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/CS/HB 637 Shoaf Avila Became law on July 1, 2023.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIndustries & Professional Activities Anstead Thompson
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee
19
S. 320.699(2), F.S.
20
Fla. Auto. Dealers Ass'n v. Hyundai Motor Am. Corp., 337 So. 3d 893, 894 (Fla. 1st DCA 2022), reh'g denied (May 3, 2022).
21
Id.
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 429 2025
1 A bill to be entitled
2 An act relating to motor vehicle manufacturers and
3 franchised motor vehicle dealers; amending s. 320.64,
4 F.S.; prohibiting an applicant or licensee, or common
5 entity thereof, from implementing certain criteria for
6 measuring the sales or service performance of a
7 franchised motor vehicle dealer; prohibiting an
8 applicant or licensee, or common entity thereof, from
9 implementing such criteria without first providing
10 certain written information to the franchised motor
11 vehicle dealer; requiring such information to be
12 provided upon written request of the motor vehicle
13 dealer; prohibiting an applicant or licensee, or
14 common entity thereof, from engaging in certain
15 conduct not in good faith; amending s. 320.641, F.S.;
16 revising conditions under which a discontinuation,
17 cancellation, or nonrenewal of a franchise agreement
18 is considered unfair; amending s. 320.67, F.S.;
19 deleting provisions relating to certain complaints
20 made by certain motor vehicle dealer associations;
21 amending s. 320.695, F.S.; authorizing a motor vehicle
22 dealer association to maintain an action for
23 injunctive relief in the name of the Department of
24 Highway Safety and Motor Vehicles; specifying that
25 certain violations are sufficient for the issuance of
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26 an injunction without establishing irreparable harm;
27 amending s. 320.699, F.S.; authorizing a motor vehicle
28 dealer association to seek a declaration and
29 adjudication of its members' rights with respect to
30 certain violations by an applicant or licensee, or
31 common entity thereof; authorizing a motor vehicle
32 dealer with certain standing to file a written
33 objection or notice of protest; providing an effective
34 date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (42) of section 320.64, Florida
39 Statutes, is amended, and subsection (43) is added to that
40 section, to read:
41 320.64 Denial, suspension, or revocation of license;
42 grounds.—A license of a licensee under s. 320.61 may be denied,
43 suspended, or revoked within the entire state or at any specific
44 location or locations within the state at which the applicant or
45 licensee engages or proposes to engage in business, upon proof
46 that the section was violated with sufficient frequency to
47 establish a pattern of wrongdoing, and a licensee or applicant
48 shall be liable for claims and remedies provided in ss. 320.695
49 and 320.697 for any violation of any of the following
50 provisions. A licensee is prohibited from committing the
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51 following acts:
52 (42)(a) The applicant or licensee, or common entity
53 thereof, has established, implemented, or enforced criteria for
54 measuring the sales or service performance of any of its
55 franchised motor vehicle dealers in this state which have a
56 material or adverse effect on any motor vehicle dealer and
57 which:
58 1. Are unfair, unreasonable, arbitrary, or inequitable; or
59 2. Do not include all relevant and material local and
60 regional criteria, data, and facts. Relevant and material
61 criteria, data, or facts include, but are not limited to, those
62 of motor vehicle dealerships of comparable size in comparable
63 markets. If such performance measurement criteria are based, in
64 whole or in part, on a survey, such survey must be based on a
65 statistically significant and valid random sample; or
66 3. Are not noticed and explained in writing to the motor
67 vehicle dealer before the beginning of the period for which the
68 dealer's sales or service performance is measured.
69 (b) The An applicant or, licensee, or common entity, or an
70 affiliate thereof, has implemented or enforced criteria for
71 measuring the sales or service performance of any of its
72 franchised motor vehicle dealers in this state without, before
73 implementation or enforcement, providing a written description
74 to each such franchised which enforces against any motor vehicle
75 dealer any such performance measurement criteria shall, upon the
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76 request of the motor vehicle dealer, describe in writing to the
77 motor vehicle dealer in this state of, in detail, how the
78 performance measurement criteria were designed, calculated,
79 established, and uniformly applied. Upon written request of a
80 motor vehicle dealer, an applicant or licensee, or common entity
81 thereof, shall provide the motor vehicle dealer all data on
82 which the applicant or licensee, or common entity thereof,
83 relied in designing, calculating, establishing, and uniformly
84 applying any sales or service performance measurement criteria.
85 (43) The applicant or licensee, or common entity thereof,
86 has engaged in any action, or implemented any policy, standard,
87 rule, practice, or program, that is not in good faith. Conduct
88 not in good faith includes:
89 (a) Conduct that is in whole or in part dishonest,
90 deceptive, malicious, economically coercive, intimidating,
91 threatening, or motivated by a desire to harm, punish, or
92 adversely affect a motor vehicle dealer; or
93 (b) Conduct engaged in as retaliation against a motor
94 vehicle dealer in whole or in part because the dealer:
95 1. Invoked any statutory right created by ss. 320.60-
96 320.70;
97 2. Asserted that the applicant or licensee, or common
98 entity thereof, has acted in a manner that violates any
99 provision of ss. 320.60-320.70; or
100 3. Testified, assisted, or participated in any manner in
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101 an investigation, proceeding, or hearing that may directly or
102 indirectly affect the applicant or licensee, or common entity
103 thereof.
104
105 A motor vehicle dealer who can demonstrate that a violation of,
106 or failure to comply with, any of the preceding provisions by an
107 applicant or licensee will or may adversely and pecuniarily
108 affect the complaining dealer, shall be entitled to pursue all
109 of the remedies, procedures, and rights of recovery available
110 under ss. 320.695 and 320.697.
111 Section 2. Subsection (3) of section 320.641, Florida
112 Statutes, is amended to read:
113 320.641 Discontinuations, cancellations, nonrenewals,
114 modifications, and replacement of franchise agreements.—
115 (3) Any motor vehicle dealer who receives a notice of
116 intent to discontinue, cancel, not renew, modify, or replace
117 may, within the 90-day notice period, file a petition or
118 complaint for a determination of whether such action is an
119 unfair or prohibited discontinuation, cancellation, nonrenewal,
120 modification, or replacement. Agreements and certificates of
121 appointment shall continue in effect until final determination
122 of the issues raised in such petition or complaint by the motor
123 vehicle dealer.
124 (a) A discontinuation, cancellation, or nonrenewal of a
125 franchise agreement is unfair unless:
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126 1. if It is not clearly permitted by the franchise
127 agreement.;
128 2. It is not undertaken in good faith.;
129 3. It is not undertaken for good cause.;
130 4. It or is based on the motor vehicle dealer's an alleged
131 breach of the franchise agreement which is not in fact a
132 material and substantial breach, except where the
133 discontinuation, cancellation, or nonrenewal applies to all same
134 line-make franchised motor vehicle dealers and is otherwise
135 permitted by ss. 320.60-320.70.;
136 5. or, if The grounds relied upon for termination,
137 cancellation, or nonrenewal have not been applied in a uniform
138 and consistent manner by the licensee.
139 (b) If the notice of discontinuation, cancellation, or
140 nonrenewal relates to an alleged failure of the new motor
141 vehicle dealer's sales or service performance obligations under
142 the franchise agreement, the new motor vehicle dealer must first
143 be provided with at least 180 days to correct the alleged
144 failure before a licensee may send the notice of
145 discontinuation, cancellation, or nonrenewal.
146 (c) A modification or replacement is unfair unless:
147 1. if It is not clearly permitted by the franchise
148 agreement.;
149 2. It is not undertaken in good faith.;
150 3. It or is not undertaken for good cause.
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151
152 The applicant or licensee shall have the burden of proof that
153 such discontinuation, cancellation, nonrenewal, modification, or
154 replacement action is fair and not prohibited.
155 Section 3. Subsection (1) of section 320.67, Florida
156 Statutes, is amended to read:
157 320.67 Violations by dealers; complaint; conduct of
158 inquiry; inspection of records; penalties.—
159 (1) The department shall conduct an inquiry of a licensee
160 relating to any written complaint alleging a violation of any
161 provision of ss. 320.61-320.70 against such licensee made by a
162 motor vehicle dealer with a current franchise agreement issued
163 by the licensee, or a motor vehicle dealer association with at
164 least one member with a current franchise agreement issued by
165 the licensee.
166 Section 4. Section 320.695, Florida Statutes, is amended
167 to read:
168 320.695 Injunction.—In addition to the remedies provided
169 in this chapter, and notwithstanding the existence of any
170 adequate remedy at law, the department, or any motor vehicle
171 dealer or any motor vehicle dealer association in the name of
172 the department and state and for the use and benefit of the
173 motor vehicle dealer or motor vehicle dealer association, may is
174 authorized to make application to any court of competent
175 jurisdiction circuit court of the state for the grant, upon a
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176 hearing and for cause shown, of a temporary or permanent
177 injunction, or both, restraining any person from acting as a
178 licensee under the terms of ss. 320.60-320.70 without being
179 properly licensed hereunder, or from violating or continuing to
180 violate any of the provisions of ss. 320.60-320.70, or from
181 failing or refusing to comply with the requirements of this law
182 or any rule or regulation adopted hereunder. Such injunction
183 shall be issued without bond. A single act in violation of the
184 provisions of ss. 320.60-320.70 is shall be sufficient to
185 authorize the issuance of an injunction without the necessity of
186 establishing irreparable harm. However, this statutory remedy is
187 not shall not be applicable to any motor vehicle dealer after
188 final determination by the department under s. 320.641(3).
189 Section 5. Section 320.699, Florida Statutes, is amended
190 to read:
191 320.699 Administrative hearings and adjudications;
192 procedure.—
193 (1) A motor vehicle dealer, a or person with entitlements
194 to or in a motor vehicle dealer, or a motor vehicle dealer
195 association on behalf of a member thereof who is directly and
196 adversely affected by the action or conduct of an applicant or
197 licensee which is alleged to be in violation of any provision of
198 ss. 320.60-320.70, may seek a declaration and adjudication of
199 its rights or the rights of such member with respect to the
200 alleged action or conduct of the applicant or licensee by:
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201 (a) filing with the department a request for a proceeding
202 and an administrative hearing which conforms substantially with
203 the requirements of ss. 120.569 and 120.57.; or
204 (2)(b) A motor vehicle dealer with standing pursuant to s.
205 320.642(3) may file Filing with the department a written
206 objection or notice of protest pursuant to s. 320.642.
207 (3)(2) If a written objection or notice of protest is
208 filed with the department under subsection (2) paragraph (1)(b),
209 a hearing shall be held not sooner than 180 days or nor later
210 than 240 days after from the date of filing of the first
211 objection or notice of protest, unless the time is extended by
212 the administrative law judge for good cause shown. This
213 subsection shall govern the schedule of hearings in lieu of any
214 other provision of law with respect to administrative hearings
215 conducted by the Department of Highway Safety and Motor Vehicles
216 or the Division of Administrative Hearings, including
217 performance standards of state agencies, which may be included
218 in current and future appropriations acts.
219 Section 6. This act shall take effect July 1, 2025.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 429 by Rep. Yeager
Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Yeager (strike-all):
• Removes provisions from the bill that:
o Prohibit certain manufacturers from conducting sales and service performance
measurements that are not noticed and explained in writing.
o Prohibit manufacturers and their common entities from engaging in certain
actions not in good faith.
o Prohibit retaliation against a motor vehicle dealer who has participated in an
investigation, proceeding, or hearing that indirectly affects the manufacturer.
o Authorize standing rights to motor vehicle dealer associations.
• Clarifies provisions regarding discontinuations, cancellations, nonrenewals,
modifications, and replacement of franchise agreements.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Yeager offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (42) of section 320.64, Florida
8 Statutes, is amended, and subsection (43) is added to that
9 section, to read:
10 320.64 Denial, suspension, or revocation of license;
11 grounds.—A license of a licensee under s. 320.61 may be denied,
12 suspended, or revoked within the entire state or at any specific
13 location or locations within the state at which the applicant or
14 licensee engages or proposes to engage in business, upon proof
15 that the section was violated with sufficient frequency to
16 establish a pattern of wrongdoing, and a licensee or applicant
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
Amendment No. 1
17 shall be liable for claims and remedies provided in ss. 320.695
18 and 320.697 for any violation of any of the following
19 provisions. A licensee is prohibited from committing the
20 following acts:
21 (42)(a) The applicant or licensee, or common entity
22 thereof, has established, implemented, or enforced criteria for
23 measuring the sales or service performance of any of its
24 franchised motor vehicle dealers in this state which have a
25 material or adverse effect on any motor vehicle dealer and
26 which:
27 1. Are unfair, unreasonable, arbitrary, or inequitable; or
28 2. Do not include all relevant and material local and
29 regional criteria, data, and facts. Relevant and material
30 criteria, data, or facts include, but are not limited to, those
31 of motor vehicle dealerships of comparable size in comparable
32 markets. If such performance measurement criteria are based, in
33 whole or in part, on a survey, such survey must be based on a
34 statistically significant and valid random sample.
35 (b) The An applicant or, licensee, or common entity, or an
36 affiliate thereof, has implemented or enforced criteria for
37 measuring the sales or service performance of any of its
38 franchised motor vehicle dealers in this state without, before
39 implementation or enforcement, providing a written description
40 to each franchised which enforces against any motor vehicle
41 dealer any such performance measurement criteria shall, upon the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
Amendment No. 1
42 request of the motor vehicle dealer, describe in writing to the
43 motor vehicle dealer in this state providing, in detail, how the
44 performance measurement criteria were designed, calculated,
45 established, and uniformly applied.
46 (43) The applicant or licensee, or common entity thereof,
47 has engaged in an action, or implemented a policy, standard,
48 rule, practice, or program as retaliation against a franchised
49 motor vehicle dealer because the dealer invoked any right
50 pursuant to ss. 320.60-320.70; has asserted that the applicant
51 or licensee, or common entity thereof, has acted in a manner
52 that violates any provision of ss. 320.60-320.70; or has
53 testified, assisted, or participated in any manner in an
54 investigation, a proceeding, or a hearing that may directly
55 affect the applicant or licensee, or common entity thereof.
56
57 A motor vehicle dealer who can demonstrate that a violation of,
58 or failure to comply with, any of the preceding provisions by an
59 applicant or licensee will or may adversely and pecuniarily
60 affect the complaining dealer, shall be entitled to pursue all
61 of the remedies, procedures, and rights of recovery available
62 under ss. 320.695 and 320.697.
63
64 Section 2. Subsection (3) of section 320.641, Florida
65 Statutes, is amended to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
Amendment No. 1
66 320.641 Discontinuations, cancellations, nonrenewals,
67 modifications, and replacement of franchise agreements.—
68 (3) Any motor vehicle dealer who receives a notice of
69 intent to discontinue, cancel, not renew, modify, or replace
70 may, within the 90-day notice period, file a petition or
71 complaint for a determination of whether such action is an
72 unfair or prohibited discontinuation, cancellation, nonrenewal,
73 modification, or replacement. Agreements and certificates of
74 appointment shall continue in effect until final determination
75 of the issues raised in such petition or complaint by the motor
76 vehicle dealer.
77 (a) A discontinuation, cancellation, or nonrenewal of a
78 franchise agreement is unfair unless all of the following apply:
79 1. if It is not clearly permitted by the franchise
80 agreement;
81 2. It is not undertaken in good faith;
82 3. It is not undertaken for good cause;
83 4. It or is based on the motor vehicle dealer's an alleged
84 breach of the franchise agreement which is not in fact a
85 material and substantial breach, but not if it applies to all
86 same line-make franchised motor vehicle dealers and is otherwise
87 permitted by ss. 320.60-320.70; and
88 5. or, if The grounds relied upon for discontinuation
89 termination, cancellation, or nonrenewal have not been applied
90 in a uniform and consistent manner by the licensee.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
Amendment No. 1
91 (b) If the notice of discontinuation, cancellation, or
92 nonrenewal relates to an alleged failure of the new motor
93 vehicle dealer's sales or service performance obligations under
94 the franchise agreement, the new motor vehicle dealer must first
95 be provided with at least 180 days to correct the alleged
96 failure before a licensee may send the notice of
97 discontinuation, cancellation, or nonrenewal.
98 (c) A modification or replacement is unfair unless all of
99 the following apply:
100 1. if It is not clearly permitted by the franchise
101 agreement;
102 2. It is not undertaken in good faith; and
103 3. It or is not undertaken for good cause.
104 (d) The applicant or licensee shall have the burden of
105 proof that any such discontinuation, cancellation, nonrenewal,
106 modification, or replacement action is fair and not prohibited.
107 Section 3. This act shall take effect July 1, 2025.
108
109 -----------------------------------------------------
110 T I T L E A M E N D M E N T
111 Remove everything before the enacting clause and insert:
112 A bill to be entitled
113 An act relating to motor vehicle manufacturers and
114 franchised motor vehicle dealers; amending s. 320.64,
115 F.S.; prohibiting an applicant or a licensee, or a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 429 (2025)
Amendment No. 1
116 common entity thereof, from implementing a performance
117 objective without adequate notice; requiring that the
118 applicant or licensee, or common entity thereof,
119 provide motor vehicle dealers with the basis for any
120 sales or service performance measurement; prohibiting
121 the applicant licensee, or common entity thereof, from
122 engaging in certain retaliatory or discriminatory
123 conduct; amending s. 320.641, F.S.; revising
124 conditions under which a discontinuation,
125 cancellation, or nonrenewal of a franchise agreement
126 is considered unfair; providing an effective date.
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HB 505
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 505 COMPANION BILL: SB 722 (Truenow)
TITLE: Location of Equipment Owned by Amusement LINKED BILLS: None
Business Owner RELATED BILLS: None
SPONSOR(S): Botana
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill prevents counties or municipalities from charging amusement business owners to use agricultural land
with five acres or more for placing, parking, or storing their equipment when certain circumstances exist.
Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on state government, may have an insignificant indeterminate fiscal
impact on local governments, and may have a positive economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that if a county or municipality has a policy, ordinance, or other measure that addresses lands
classified as agricultural lands that are five acres are larger, a county or a municipality cannot have a policy,
ordinance, or other measure that requires a monetary exaction 1 from any amusement business owner whose
equipment is placed, parked, or stored on the agricultural land for 6 months or longer. (Section 1)
The bill specifies that the prohibition applies only if:
• The agricultural land is fully fenced along the perimeter, and
• The equipment that is placed, parked, or stored on the agricultural land is at least 100 feet from the
perimeter fencing. (Section 1)
The bill defines the following terms:
• "Agricultural lands" as those parcels classified by the property appraiser as agricultural lands under
s.193.461, F.S.
• "Amusement business owner" as a provider of services affiliated with a circus or carnival such as rides,
food, beverages, and games who travels around the United States on a seasonal or temporary basis to
1 The bill does not define money exactions. However, “exactions are payments made by a developer to local governments for
the right to proceed with a project. Exactions can include development fees, the dedication of public land, the construction or
maintenance of public infrastructure, or the provision of public services.” Person, et al., “Who Pays for Development Fees and
Exactions?”, Public Policy Institute of California (June 22, 2017) www.ppic.org/publication/who-pays-for-development-fees-
and-exactions/#:~:text=Exactions%20are%20payments%20made%20by,the%20provision%20of%20public%20services
(last visited Jan. 28, 2023). A prohibited exaction is defined in s. 70.45(d), F.S. A money exaction is a broad phrase which may
capture fees, taxes, or other conceivable revenue streams for local governments.
STORAGE NAME: h0505.IPA
DATE: 3/10/2025
1
provide such services to state, district, and county fairs as defined in s. 616.001, F.S. or who supports
events sponsored by not-for-profit organizations for fundraising. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
Indeterminate. The bill prohibits local governments from charging amusement business owners for storing their
equipment on certain agricultural land; however, this may be an insignificant impact due to the amount of
agricultural lands that fall into the particular category.
PRIVATE SECTOR:
The bill may benefit amusement business owners that live in areas where local governments charge a fee for such
storage of equipment on certain agricultural land.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Agricultural Lands
Florida's Greenbelt Law, also known as s. 193.461, F.S., authorizes agricultural properties to be taxed based on
their use value instead of their market value. This law helps preserve farmland and slow development. Lands
classified as agricultural lands are those used primarily for bona fide agricultural purposes such as horticulture,
viticulture, forestry, and farming. 2 This means that in order to be considered agricultural land the land must be
used for a good faith commercial agricultural purpose. Florida law requires the owner to file an application each
year requesting such classification with the local property appraiser.
Lands classified as agricultural enjoy certain benefits and protections, such as a preemption of local government
restrictions of farming on those lands 3 and limits on nuisance complaints related to farming activities. 4
Comprehensive Plans and Land Use Regulation
The Growth Management Act requires every city and county to create and implement a comprehensive plan to
guide future development. A locality’s comprehensive plan lays out the locations for future public facilities,
including roads, water and sewer facilities, neighborhoods, parks, schools, and commercial and industrial
developments.
The land use element of the plan designates proposed future general distribution, location, and extent of the uses
of land. Specified use designations include those for residential, commercial, industry, agriculture, recreation,
conservation, education, and public facilities. 5
Local governments regulate aspects of land development by enacting ordinances that address local zoning,
rezoning, subdivision, building construction, landscaping, tree protection, or sign regulations or any other
regulations controlling the development of land. 6
2 S. 193.461, F.S.
3 S. 163.3162, F.S.
4 See s. 823.14, F.S.
5 S. 163.3177(6)(a), F.S.
6 See ss. 163.3164 and 163.3213, F.S. Pursuant to s. 163.3213, F.S., substantially affected persons have the right to maintain
administrative actions which assure that land development regulations implement and are consistent with the local
comprehensive plan.
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2
Storage of Carnival Equipment
The Florida Department of Agriculture and Consumer Services (DSCS) regulates public fairs and expositions 7 and
the safety standards required for amusement rides. 8 Temporary amusement rides and other carnival equipment
move from place to place for fairs, carnivals, circuses, festivals, or other events. Florida law defines an amusement
ride and temporary amusement ride:
• An amusement ride is defined as “any building, structure, or mechanical device or combination thereof
through which a patron moves, walks, or is carried or conveyed on, along, around, over, or through a fixed
or restricted course or within a defined area for the purpose of giving its patrons amusement, pleasure,
thrills, or excitement.” 9
• A temporary amusement ride is defined as “an amusement ride that is regularly relocated, with or without
disassembly.” 10
Although there are state regulations in place for the operation of such equipment, there are not state regulations
regarding the storage.
A couple of Florida cities have created zoning ordinances regarding the storage of carnival or show business
equipment. In Gibsonton, near Tampa in Hillsborough County, there is a special zoning designation, called the
Residential Show Business zone, which allows property owners to store “elephants, livestock, circus equipment
and trailers in their backyards or front lawns.” 11 In Riverview, near Tampa in Hillsborough County, many
amusement business owners lived in a subdivision called Tropical Acres and the residents wanted to legally store
their equipment, such as, food trucks, gaming booths, and other carnival equipment, as a nonconforming use. 12
Hillsborough County granted an exception to Tropical Acres residents who have been storing their carnival
equipment on their properties since 2011 to continue storing such equipment, but new properties in the area are
not permitted to do so. 13
Additional Relevant Information
Art. VII, s. 18(b), of the Florida Constitution states that the legislature may not enact any law that would reduce the
authority municipalities or counties have to raise revenues in the aggregate, except upon approval of two-thirds of
the membership of each house of the legislature.
7 “Public fair or exposition” means a project, activity, event, or program, and use by a fair association, including, but not limited
to, the annual public fair, which serves the purposes specified in s. 616.08 and benefits and develops the educational,
agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and other resources of this state, or any
county, municipality, or other community in this state. S. 616.001(12), F.S.
8 S. 616.242, F.S.
9 S. 616.242(3)(a), F.S.
10 S. 616.242(3)(t), F.S.
11 Stephen Flanagan Jackson, “Gibsonton Residents Want County Action.” The Observer News (Feb. 21, 2019),
www.observernews.net/2019/02/21/gibsonton-resident-want-county-action/ (last visited March 7, 2025).
12 D’Ann White, “Show Business Zoning Proposed for Tropical Acres.” Patch (Mar. 1, 2013),
https://patch.com/florida/bloomingdale/show-business-zoning-proposed-for-tropical-acres (last visited March 7, 2025).
13 Chris Taylor, “Carnival Equipment OK to Keep at Tropical Acres Homes” Patch (May 7, 2013),
https://patch.com/florida/bloomingdale/carnival-equipment-ok-to-keep-at-tropical-acres-homes (last visited March 7,
2025).
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3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 505 2025
1 A bill to be entitled
2 An act relating to location of equipment owned by an
3 amusement business owner; prohibiting counties and
4 municipalities from enacting certain policies,
5 ordinances, regulations, or other measures that
6 require payment from an amusement business owner for
7 the placement, parking, or storage of equipment for
8 longer than a specified length of time on certain
9 agricultural lands; providing applicability; defining
10 the terms "agricultural lands" and "amusement business
11 owner"; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. (1) Notwithstanding any law to the contrary, a
16 county or municipality may not enact a policy, ordinance,
17 regulation, or other measure that addresses agricultural lands 5
18 acres or larger if the policy, ordinance, regulation, or other
19 measure requires a monetary exaction from an amusement business
20 owner whose equipment is placed, parked, or stored on the
21 agricultural land for 6 months or longer. This prohibition
22 applies only if the agricultural land is fully fenced along the
23 perimeter and the equipment that is placed, parked, or stored on
24 the agricultural land is at least 100 feet from the perimeter
25 fencing.
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HB 505 2025
26 (2) For purposes of this section, the term:
27 (a) "Agricultural lands" means those parcels classified by
28 the property appraiser as agricultural lands under s. 193.461.
29 (b) "Amusement business owner" means a provider of
30 services affiliated with a circus or carnival such as rides,
31 food, beverages, and games who travels around the United States
32 on a seasonal or temporary basis to provide such services to
33 state, district, and county fairs as defined in s. 616.001, or
34 who supports events sponsored by not-for-profit organizations
35 for fundraising.
36 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
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hb505-00
HB 535
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 535 COMPANION BILL: SB 606 (Leek)
TITLE: Public Lodging and Public Food Service LINKED BILLS: None
Establishments RELATED BILLS: None
SPONSOR(S): Johnson
Committee References
Industries & Professional Criminal Justice Commerce
Activities
SUMMARY
Effect of the Bill:
The bill redefines “transient” and “nontransient occupancy” in the context of public lodging establishments. The bill
removes the intention of the parties and the rebuttable presumptions, and defines “transient occupancy” as an
occupancy that is temporary and “nontransient occupancy” as an occupancy that is not temporary. The bill
redefines “transient establishment” and “nontransient establishment” by removing the intention of the operator.
The bill provides that:
• An operator of a public lodging establishment may remove a guest for failing to make payment or check out
before the time specified by the establishment instead of the time agreed upon by both parties.
• A public lodging or public food establishment’s written or oral notice to a guest to leave is effective upon
delivery whether delivery is in person, telephone, email, or delivered to the guest’s unit.
The bill removes the requirement that a law enforcement officer must arrest a guest who refuses to leave an
establishment in the presence of the officer. Instead, an officer must remove the guest from the establishment. The
law enforcement officer may still arrest the guest, but is not required to do so unless a warrant has been issued.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on transient public lodging establishments by reducing the need to
remove guests through the landlord eviction process.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Transient and Nontransient Occupancy
The bill redefines “transient” and “nontransient occupancy” in the context of public lodging establishments. The bill
removes the intention of the parties and the rebuttable presumptions from the definitions. “Transient occupancy”
is defined as an occupancy that is temporary, and “nontransient occupancy” as an occupancy that is not temporary.
(Section 1)
The bill provides that transient and nontransient occupancies include hotels, motels, vacation rentals, bed and
breakfast inns, or timeshare projects. (Section 1)
STORAGE NAME: h0535.IPA
DATE: 3/10/2025
1
The bill redefines “transient establishment” and “nontransient establishment” by removing the intention of the
operator. The bill also amends the rental time period to determine whether an establishment is transient or
nontransient status of establishments from “30 days or one calendar month” to “30 consecutive days.”
(Section 1)
Refusal of Admission and Ejection of Undesirable Guests
The bill provides that:
• An operator of a public lodging establishment may remove a guest for failing to make payment or check out
at or before the time specified by the public lodging establishment instead of the time agreed upon by
both parties.
• A public lodging or public food establishment’s written or oral notice to a guest to leave is effective upon
delivery whether delivery is in person, telephone, email, or delivered to the guest’s unit if the establishment
is a public lodging establishment. (Section 2)
The bill removes the requirement that a law enforcement officer must arrest a guest who refuses to leave an
establishment in the presence of the officer. Instead, an officer must remove the guest from the establishment. The
law enforcement officer may still arrest the guest, but is not required to do so unless a warrant has been issued.
The bill provides an effective date of July 1, 2025. (Section 3)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Lodging Establishments
The Division of Hotels and Restaurants within the Department of Business and Professional Regulation is the state
agency with regulatory authority of public lodging establishments and public food service establishments for the
purpose of protecting the public health, safety, and welfare. 1
The term “public lodging establishment” includes transient and non-transient public lodging establishments. 2 The
principal differences between transient and non-transient public lodging establishments are the number of times
that the establishments are rented in a calendar year and the duration of the rentals.
A public lodging establishment is classified as a hotel, motel, vacation rental, non-transient apartment, transient
apartment, bed and breakfast inn, or timeshare project if the establishment satisfies specified criteria. 3
Transient and Nontransient Occupancy
A “transient public lodging establishment” is defined in s. 509.013(4)(a)1., F.S., as:
Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests more than three times in a calendar year for periods of
less than 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests.
A “non-transient public lodging establishment” is defined in s. 509.013(4)(a)2., F.S., as:
Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests for periods of at least 30 days or 1 calendar month,
1 S. 509.032(1), F.S.
2 S. 509.013(4)(a), F.S.
3 S. 509.242(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
whichever is less, or which is advertised or held out to the public as a place regularly rented
to guests for periods of at least 30 days or 1 calendar month.
Under current law, occupancy status considers the intent of the parties; however, how this intent is
determined, is not specified: 4
“Transient occupancy” means occupancy when it is the intention of the parties that the
occupancy will be temporary. There is a rebuttable presumption that, when the dwelling
unit occupied is not the sole residence of the guest, the occupancy is transient.
“Nontransient occupancy” means occupancy when it is the intention of the parties that the
occupancy will not be temporary. There is a rebuttable presumption that, when the
dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient.
Refusal of Admission and Ejection of Undesirable Guests
An operator of a public lodging or public food establishment may remove a guest or have a guest removed while on
the premises of the establishment for: 5
• illegally possessing or dealing in controlled substances;
• being intoxicated, profane, lewd, or brawling;
• indulging in any language or conduct which disturbs the peace and comfort of other guests or which injures
the reputation, dignity, or standing of the establishment;
• failing to pay rent at the agreed-upon rental rate by the agreed-upon checkout time;
• failing to check out by the time agreed upon in writing by the guest and public lodging establishment
at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to
checkout;
• failing to make payment for food, beverages, or services; or
• being, in the opinion of the operator, detrimental to the establishment.
Section 509.141, F.S., provides that an operator of a public lodging or public food establishment may remove a
guest by notifying the guest that the establishment no longer desires to entertain him or her and the guest must
depart immediately. Notice may be given orally or in writing. If the notice is in writing it must state: 6
“You are hereby notified that this establishment no longer desires to entertain you as its guest, and
you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under
the laws of this state.”
Current law does not state when notice is considered delivered.
Requirement for Law Enforcement Officers to Make Arrests
Any guest who remains or attempts to remain at an establishment after being noticed to leave is guilty of a second-
degree misdemeanor. An operator may request law enforcement for assistance to remove a guest. At the request of
an operator, a law enforcement officer must arrest any guest who refuses to depart in the presence of the officer. 7
In 2015, HomeSuiteHome, an extended-stay public lodging establishment, brought a complaint against the Osceola
County Sheriff’s Office for failing to arrest guests who refused to depart in the presence of the sheriff’s officers.
The court ruled in favor of the Sheriff because the Sheriff did not refuse to arrest guests who refused to leave.
Instead, the Sheriff required his officers to determine if guests are transient before making an arrest. 8
4 S. 509.013, F.S.
5 S. 509.141(1), F.S.
6 S. 509.141(2), F.S.
7 S. 509.141(3) and (4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The Court ruled that ch. 509, F.S., does not set forth “concrete boundaries (such as length of stay or receipt of mail)”
that can be used to determine whether a guest is ‘transient’ or ‘nontransient’”. The Court further stated that since
there is a rebuttable presumption that the occupancy is transient when the guest’s unit is not their sole residence,
there is also a rebuttable presumption that a guest is non-transient when the unit is their sole residence. 9
The Court further ruled that HomeSuiteHome’s agreements requiring guests to promise not to use units as their
permanent residence was not enough to rebut this presumption, and it would be improper for the Sheriff’s officers
to make arrests solely by referring to the agreements. 10
If a guest is considered “nontransient” instead of “transient” then the establishment will have to go through the
Florida Residential Landlord and Tenant Act to remove the guest. 11
Florida Residential Landlord and Tenant Act
The Residential Landlord and Tenant Act (Act), codified in part II of ch. 83, F.S., governs the rental of a dwelling
unit in Florida. In Florida, landlords can evict tenants for reasons such as non-payment of rent, lease violations, or
illegal activities. The eviction process involves providing written notice, filing a lawsuit, and obtaining a writ of
possession. The process includes the following processes:12
• Notice:
o Landlords must provide written notice to the tenant.
o The notice must specify the reason for eviction and the timeframe for compliance.
o The notice time period depends on the reason for eviction.
• Eviction lawsuit:
o If the tenant does not comply with the notice, the landlord can file an eviction lawsuit in court.
o The court will schedule a hearing where both parties can present evidence and testimony.
o If the landlord prevails, the court will issue a writ of possession.
• Writ of possession:
o The writ of possession orders the sheriff to remove the tenant from the property.
o The tenant has 24 hours to vacate before the sheriff returns to remove them.
OTHER RESOURCES:
Florida Bar Journal, What Are You: A Hotel Guest, Tenant, or Transient Occupant?
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Criminal Justice Subcommittee
Commerce Committee
8 HSH Eastgate, LLC v. Sheriff of Osceola County, Florida, 2015 WL 3465795 (M.D. Fla. 2015)
9 Id. at 3-4.
10 Id.
11 Miguel J. Chamorro, What Are You: A Hotel Guest, Tenant, or Transient Occupant?, The Florida Bar (October 2018)
https://www.floridabar.org/the-florida-bar-journal/what-are-you-a-hotel-guest-tenant-or-transient-occupant/ (last visited
March 9, 2025).
12 S. 83.56, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 535 2025
1 A bill to be entitled
2 An act relating to public lodging and public food
3 service establishments; amending s. 509.013, F.S.;
4 revising definitions; amending s. 509.141, F.S.;
5 revising notification requirements for removing guests
6 from public lodging and public food service
7 establishments; revising penalty provisions; providing
8 an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (a) of subsection (4) and subsections
13 (11), (12), (14), and (15) of section 509.013, Florida Statutes,
14 are amended to read:
15 509.013 Definitions.—As used in this chapter, the term:
16 (4)(a) "Public lodging establishment" includes a transient
17 public lodging establishment as defined in subparagraph 1. and a
18 nontransient public lodging establishment as defined in
19 subparagraph 2.
20 1. "Transient public lodging establishment" means any
21 unit, group of units, dwelling, building, or group of buildings
22 within a single complex of buildings which is rented to guests
23 more than three times in a calendar year for periods of less
24 than 30 consecutive days or 1 calendar month, whichever is less,
25 or which is advertised or held out to the public as a place
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26 regularly rented to guests for periods of less than 30
27 consecutive days.
28 2. "Nontransient public lodging establishment" means any
29 unit, group of units, dwelling, building, or group of buildings
30 within a single complex of buildings which is rented to guests
31 for periods of at least 30 consecutive days or 1 calendar month,
32 whichever is less, or which is advertised or held out to the
33 public as a place regularly rented to guests for periods of at
34 least 30 consecutive days or 1 calendar month.
35
36 License classifications of public lodging establishments, and
37 the definitions therefor, are set out in s. 509.242. For the
38 purpose of licensure, the term does not include condominium
39 common elements as defined in s. 718.103.
40 (11) "Transient establishment" means any public lodging
41 establishment that is rented or leased to guests by an operator
42 for transient occupancy whose intention is that such guests'
43 occupancy will be temporary.
44 (12) "Transient occupancy" means occupancy that is when it
45 is the intention of the parties that the occupancy will be
46 temporary. The term includes the occupancy of a dwelling unit at
47 a hotel, motel, vacation rental, bed and breakfast inn, or
48 timeshare project, as defined in s. 509.242, unless a written
49 rental or lease agreement expressly states that the dwelling
50 unit is the sole residence of the guest There is a rebuttable
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51 presumption that, when the dwelling unit occupied is not the
52 sole residence of the guest, the occupancy is transient.
53 (14) "Nontransient establishment" means any public lodging
54 establishment that is rented or leased to guests by an operator
55 for nontransient occupancy whose intention is that the dwelling
56 unit occupied will be the sole residence of the guest.
57 (15) "Nontransient occupancy" means occupancy that is not
58 when it is the intention of the parties that the occupancy will
59 not be temporary. The term includes the occupancy of a dwelling
60 unit at a hotel, motel, vacation rental, bed and breakfast inn,
61 or timeshare project, as defined in s. 509.242, unless a written
62 rental or lease agreement expressly states that the dwelling
63 unit is the sole residence of the guest There is a rebuttable
64 presumption that, when the dwelling unit occupied is the sole
65 residence of the guest, the occupancy is nontransient.
66 Section 2. Section 509.141, Florida Statutes, is amended
67 to read:
68 509.141 Refusal of admission and ejection of undesirable
69 guests; notice; procedure; penalties for refusal to leave.—
70 (1) The operator of a any public lodging establishment or
71 public food service establishment may remove or cause to be
72 removed from such establishment, in the manner hereinafter
73 provided for in this section, any guest of the establishment
74 who:
75 (a) who, While on the premises of the establishment,
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76 illegally possesses or deals in controlled substances as defined
77 in chapter 893 or is intoxicated, profane, lewd, or brawling;
78 (b) who Indulges in any language or conduct which disturbs
79 the peace and comfort of other guests or which injures the
80 reputation, dignity, or standing of the establishment;
81 (c) who, In the case of a public lodging establishment,
82 fails to make payment of rent at the agreed-upon rental rate by
83 the agreed-upon checkout time specified by the public lodging
84 establishment;
85 (d) who, In the case of a public lodging establishment,
86 fails to check out by the time specified by the agreed upon in
87 writing by the guest and public lodging establishment at check-
88 in, unless an extension of time is agreed to by the public
89 lodging establishment and guest before prior to checkout;
90 (e) who, In the case of a public food service
91 establishment, fails to make payment for food, beverages, or
92 services; or
93 (f) who, In the opinion of the operator, is a person the
94 continued entertainment of whom would be detrimental to such
95 establishment.
96
97 The admission to, or the removal from, such establishment shall
98 not be based upon race, creed, color, sex, physical disability,
99 or national origin.
100 (2) The operator of a any public lodging establishment or
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HB 535 2025
101 public food service establishment shall notify the such guest
102 that the establishment no longer desires to entertain the guest
103 and shall request that the such guest immediately depart from
104 the establishment. The such notice may be given orally or in
105 writing. The notice is effective upon delivery, whether delivery
106 of notice is given in person or by telephone or e-mail, using
107 the contact information provided by the guest, or, with respect
108 to a public lodging establishment, upon delivery to the guest's
109 dwelling unit. If the notice is in writing, it shall be as
110 follows:
111 "You are hereby notified that this establishment no longer
112 desires to entertain you as its guest, and you are requested to
113 leave at once. To remain after receipt of this notice is a
114 misdemeanor under the laws of this state."
115 If the such guest has paid in advance, the establishment shall,
116 at the time the such notice is given, tender to the such guest
117 the unused portion of the advance payment; however, the
118 establishment may withhold payment for each full day that the
119 guest has been entertained at the establishment for any portion
120 of the 24-hour period of the such day.
121 (3) A Any guest who remains or attempts to remain in any
122 such establishment after a request by the operator to depart
123 under subsection (2) commits being requested to leave is guilty
124 of a misdemeanor of the second degree, punishable as provided in
125 s. 775.082 or s. 775.083.
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126 (4) If a guest remains any person is illegally on the
127 premises of a any public lodging establishment or public food
128 service establishment after a request by the operator to depart
129 under subsection (2), the operator of such establishment may
130 call upon a any law enforcement officer of this state for
131 assistance. It is the duty of the such law enforcement officer,
132 upon the request of the such operator, to remove a place under
133 arrest and take into custody for violation of this section any
134 guest who remains on the premises of such an establishment after
135 a request by the operator to depart under subsection (2).
136 (5) A law enforcement officer may place under arrest and
137 take into custody a guest who violates subsection (3) in the
138 presence of the officer. If a warrant has been issued by the
139 proper judicial officer for the arrest of a any violator of
140 subsection (3), the officer shall serve the warrant, arrest the
141 person, and take the person into custody. Upon arrest, with or
142 without warrant, the guest is will be deemed to have given up
143 any right to occupancy or to have abandoned such right of
144 occupancy of the premises, and the operator of the establishment
145 may then make such premises available to other guests. However,
146 the operator of the establishment shall employ all reasonable
147 and proper means to care for any personal property which may be
148 left on the premises by the such guest and shall refund any
149 unused portion of moneys paid by the such guest for the
150 occupancy of the such premises.
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151 Section 3. This act shall take effect July 1, 2025.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 535 by Rep. Johnson
Public Lodging and Public Food Service Establishments
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Johnson (line 59):
• Clarifies that a hotel, motel, vacation rental, bed & breakfast, or timeshare project is not
a nontransient occupancy unless there is a written agreement stating the unit is the
rentor’s sole residence.
• Provides that a public lodging establishment’s specified checkout time for a guest must
be in writing.
• Provides that a public lodging’s notice to a guest to immediately depart must be in
writing if it’s because the guest failed to timely checkout or pay for their unit.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 535 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Johnson offered the following:
4
5 Amendment
6 Remove lines 59-110 and insert:
7 not be temporary. The term does not include the occupancy of a
8 dwelling unit at a hotel, motel, vacation rental, bed and
9 breakfast inn, or timeshare project, as defined in s. 509.242,
10 unless a written rental or lease agreement expressly states that
11 the dwelling unit is the sole residence of the guest There is a
12 rebuttable presumption that, when the dwelling unit occupied is
13 the sole residence of the guest, the occupancy is nontransient.
14 Section 2. Section 509.141, Florida Statutes, is amended
15 to read:
16 509.141 Refusal of admission and ejection of undesirable
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 535 (2025)
Amendment No. 1
17 guests; notice; procedure; penalties for refusal to leave.—
18 (1) The operator of a any public lodging establishment or
19 public food service establishment may remove or cause to be
20 removed from such establishment, in the manner hereinafter
21 provided for in this section, any guest of the establishment
22 who:
23 (a) who, While on the premises of the establishment,
24 illegally possesses or deals in controlled substances as defined
25 in chapter 893 or is intoxicated, profane, lewd, or brawling;
26 (b) who Indulges in any language or conduct which disturbs
27 the peace and comfort of other guests or which injures the
28 reputation, dignity, or standing of the establishment;
29 (c) who, In the case of a public lodging establishment,
30 fails to make payment of rent at the agreed-upon rental rate by
31 the agreed-upon checkout time specified in writing by the public
32 lodging establishment;
33 (d) who, In the case of a public lodging establishment,
34 fails to check out by the time specified in writing by the
35 agreed upon in writing by the guest and public lodging
36 establishment at check-in, unless an extension of time is agreed
37 to by the public lodging establishment and guest before prior to
38 checkout;
39 (e) who, In the case of a public food service
40 establishment, fails to make payment for food, beverages, or
41 services; or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 535 (2025)
Amendment No. 1
42 (f) who, In the opinion of the operator, is a person the
43 continued entertainment of whom would be detrimental to such
44 establishment.
45
46 The admission to, or the removal from, such establishment shall
47 not be based upon race, creed, color, sex, physical disability,
48 or national origin.
49 (2) The operator of a any public lodging establishment or
50 public food service establishment shall notify the such guest
51 that the establishment no longer desires to entertain the guest
52 and shall request that the such guest immediately depart from
53 the establishment. The such notice may be given orally or in
54 writing. A public lodging establishment requesting a guest to
55 immediately depart because the guest failed to checkout or
56 failed to pay for their dwelling unit by the check-out time must
57 provide the notice in writing via email, text message, or
58 printed paper. The notice is effective upon delivery, whether
59 delivery of notice is given in person or by telephone or e-mail,
60 using the contact information provided by the guest, or, with
61 respect to a public lodging establishment, upon delivery to the
62 guest's dwelling unit. If the notice is in writing, it shall be
63 as follows:
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HB 541
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 541 COMPANION BILL: SB 676 (Martin)
TITLE: Minimum Wage Requirements LINKED BILLS: None
SPONSOR(S): Chamberlin RELATED BILLS: None
Committee References
Industries & Professional Careers & Workforce Commerce
Activities
SUMMARY
Effect of the Bill:
The bill amends the Florida Minimum Wage Act (Act) to allow employees to opt out of receiving the minimum wage
for work-study, internship, preapprenticeship, apprenticeship program, or other similar work-based learning
opportunities.
Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on state or local government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends the Act to provide specific exemptions from minimum wage requirements for certain employees.
The bill provides that employers are not required to pay the minimum wage to employees in a structured work-
study, internship, preapprenticeship, or apprenticeship program, or other similar work-based learning
opportunity, provided these employees choose to opt out of receiving the minimum wage. The bill outlines two
methods for employees to opt out, which include checking a box on an application form or by providing a written
acknowledgment to the employer that is signed by the employee. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill allows certain private sector employees to opt out of receiving minimum wage.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections. 1 In 1938, the FLSA established a minimum wage of $.25 an hour. The
1
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
STORAGE NAME: h0541.IPA
DATE: 3/10/2025
1
current federal minimum wage rate is $7.25 an hour, which went into effect July 24, 2009. The FLSA applies to
employment within any state in the U.S., the District of Columbia, or any territory or possession of the U.S. 2
The FLSA covers most private and public sector employees. However, certain employers and employees are
exempt from coverage, including individuals with disabilities, youth workers, tipped workers, and executive,
administrative, and professional workers. The FLSA covers businesses if the business has annual sales of at least
$500,000. 3 It also covers certain individual employees if such employee is engaged in interstate commerce.
The FLSA applies to all: 4
• Governments: Federal, state, or local government agencies.
• Hospitals: Hospitals, or institutions primarily engaged in the care of the sick, the aged, or the mentally ill or
disabled who live on the premises. It does not matter if the hospital or institution is public or private or is
operated for profit or not-for-profit.
• Schools: Pre-schools, elementary or secondary schools or institutions of higher learning (e.g., college), or a
school for mentally or physically handicapped or gifted children. It does not matter if the school or
institution is public or private or operated for profit or not-for-profit.
The FLSA includes several exemptions from the federal minimum wage provisions, including: 5
• Executive, administrative, and professional employees.
• Employees in certain seasonal amusement or recreational establishments, employees in certain small
newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and
employees engaged in newspaper delivery.
• Farm workers employed by certain employers.
• Casual babysitters and persons employed as companions for the elderly or infirm.
• Border patrol agents. 6
• Tipped employees, as long as their tips, combined with the employer's cash wage, equal at least the
federal minimum wage ($7.25). The minimum cash wage for tipped employees is $2.13 per hour, with the
employer able to claim a tip credit of up to $5.12 per hour. 7
• Learners, apprentices, and messengers employed primarily in delivering letters and messages,
under special certificates issued by the Department of Labor. 8
The FLSA was amended in 2014, concerning border patrol agents, and again in 2018, to exempt minor league
baseball players who are paid at least $290 per week during the 2018 championship season from the federal
minimum wage rate and overtime pay. These two amendments were the only amendments made to the minimum
wage exemptions provisions of the FLSA since Florida passed its minimum wage law in 2005. 9
The FLSA provides that if states enact worker protections, including minimum wage rates, that are more protective
of employees than what is provided by the FLSA, the state law applies. 10 Consequently, no state law may weaken
2
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
3
The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
4
U.S. Department of Labor, Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/screen10.asp, (last
visited March 7, 2025).
5
29 U.S.C. § 213. (It also includes separate exemptions from overtime pay.)
6
See Border Patrol Agent Pay Reform Act of 2014, S.1691, 113th Cong, (2014).
7 29 U.S.C. § 203(m)(2)(A).
8 29 U.S.C. § 214.
9
s. 448.110, F.S., expressly references ss. 213 and 214 of the FLSA, which address minimum wage exemptions and employment
under special certificates, respectively. However, s. 214 has not been amended since 1989. (See Pub. L. 101–157, § 4(d), Nov. 17,
1989, 103 Stat. 941).
10
29 U.S.C. §218.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
the worker protections in the FLSA. However, state laws that impose greater worker protections will supersede
those in the FLSA. 11
Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage greater than
the federal minimum wage. Thirteen states provide a minimum wage that is equal to the federal minimum wage.
Five states have not adopted a minimum wage and two states have a minimum wage that is below the federal
minimum wage. 12 For those seven states, the federal minimum wage applies, but only to those workers covered by
the FLSA.
Florida law does not indicate or allow for wage exceptions for learners, apprentices, or messengers. Thus, the FLSA
provisions apply.
Florida’s Minimum Wage Contained in Article X, Section 24 of the Florida Constitution
On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum wage provision
(Section 24) that established the state minimum wage. 13 Prior to this date, Florida did not have a state minimum
wage so the FLSA applied for covered workers. Section 24 provides the amount of the minimum wage and the
procedure for calculating increases in the minimum wage. 14 The amendment also provides that “all working
Floridians are entitled to be paid a minimum wage sufficient to provide a decent and healthy life, that protects their
employers from unfair low wage competition, and that does not force them to rely on taxpayer-funded public
services.” 15
On November 3, 2020, Florida voters again approved a constitutional amendment related to the state’s minimum
wage, Amendment 2, to gradually increase the state’s minimum wage to $15 an hour by the year 2026. 16 Pursuant
to the passage of Amendment 2, on September 30, 2021, Florida’s minimum wage increased to $10 per hour. Each
year, thereafter, Florida’s minimum wage will increase by $1 until the minimum wage reaches $15 per hour on
September 30, 2026. Beginning in 2027, the minimum wage will be adjusted annually for inflation, as it had been
done from 2004 to 2021.
The Florida Constitution references the FLSA and specifically ties the meaning 17 of “employer,” “employee,” and
“wage,” to the meanings established under the FLSA and its implementing regulations. 18 It also indicates that case
law, administrative interpretations, and other guiding standards developed under the federal FLSA must guide the
construction of Florida’s Constitution related to Section 24 and any implementing statutes or regulations. 19
The FLSA defines: 20
• “Employer” as “any person acting directly or indirectly in the interest of an employer in relation to an
employee and includes a public agency, but does not include any labor organization (other than when
acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.”
• “Employee” as “any individual employed by an employer.”
11
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 8,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025).
12
U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
March 7, 2025).
13
Art. X, s. 24, Fla. Const.
14
Art. X, s. 24(c), Fla. Const.
15
Art. X, s. 24(a), Fla. Const.
16
U.S. Department of State, Notice of Increase to State of Florida’s Minimum Wage, https://www.state.gov/wp-
content/uploads/2021/01/2021-01-29-Notice-FL-Minimum-Wage-Increase.pdf (last visited March 7, 2025).
17
In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004). (“The proposed
amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is adopting the meaning
of the term “employee,” which is a much broader concept.”)
18
Art. X, s. 24(b), Fla. Const.
19
Art. X, s. 24(f), Fla. Const.
20 29 U.S.C. §203.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Florida Minimum Wage Act
The Act implements the minimum wage provisions in the Florida Constitution. 21 The Act designates the
Department of Commerce (DC) as the state agency that implements the minimum wage requirements, establishes
procedures with respect to civil actions alleging violations, and provides that it is the exclusive remedy under state
law for violations of Section 24. 22
The Act provides that, effective May 2, 2005, employers are required to pay employees a minimum wage at an
hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive the federal minimum
wage under the FLSA and its implementing regulations are eligible to receive the state minimum wage pursuant to
the Florida Constitution and this statute. The provisions of ss. 213 and 214 of the federal FLSA, as interpreted by
applicable federal regulations and implemented by the Secretary of Labor, are incorporated by reference. 23
The Act requires DEO to calculate an adjusted state minimum wage rate and requires the Department of Revenue
(DOR) and DEO to annually publish the amount of the adjusted state minimum wage and the effective date on their
websites. The Act authorizes persons to file a complaint or inform any person of his or her potential rights
pursuant to Section 24 regarding unpaid wages. 24 The Act also authorizes the Attorney General (AG) to bring a civil
action to enforce these provisions. The AG may seek injunctive relief, and for willful violations, may seek to impose
a fine of $1,000 per violation, payable to the state. 25
As it relates to the federal minimum wage and the FLSA, the Act specifies that: 26
• Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
implementing regulations, are eligible to receive the state minimum wage; and
• Provisions related to federal minimum wage exemptions in the FLSA are considered incorporated
in the Act.
Eleventh Circuit Court of Appeals
When determining whether a person is considered an employee under the FLSA, certain analyses must be used,
which is provided for in the FLSA. Recently, the Eleventh Circuit Court of Appeals adopted a "primary beneficiary
analysis" to determine if student registered-nurse anesthetists (SRNAs) were employees under the Fair Labor
Standards Act (FLSA), focusing on whether the internship primarily benefited the students or the employer. The
case involved 25 former SRNAs who claimed they were entitled to unpaid minimum wages and overtime under the
FLSA. The core question was whether these SRNAs, who were participating in a clinical program, were employees
or interns, with the FLSA applying only to employees. The Eleventh Circuit adopted a modified version of the
"primary beneficiary" test, which examines the "economic reality" of the relationship between the intern and
employer to determine who benefits most. The Eleventh Circuit found that the SRNAs were primarily benefiting
from the internship, as it was a required part of their education and training program, and therefore they were not
considered employees under the FLSA. 27
21
Ch. 2005-353, Laws of Fla., codified in s. 448.110, F.S.
22
S. 448.110(10), F.S. HB 5 (2023) renames the Department of Economic Opportunity as the Department of Commerce; SB 82
(2024), section 220, makes this conforming change in the Florida Minimum Wage Act.
23
S. 448.110(3), F.S.
24
S. 448.110(6), F.S.
25
S. 448.110(7), F.S.
26
S. 448.110(3), F.S.
27 Schumann v. Collier Anesthesia, PA, 803 F.3d 1199 (11th Cir. 2015)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 433 Esposito Trumbull Became law on July 1, 2024
and implementation began on
September 30, 2026.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Careers & Workforce
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 541 2025
1 A bill to be entitled
2 An act relating to minimum wage requirements; amending
3 s. 448.110, F.S.; providing that an employer is not
4 subject to certain minimum wage requirements for
5 specified employees; authorizing employees to opt out
6 of the minimum wage requirements in a specified
7 manner; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 448.110, Florida
12 Statutes, is amended to read:
13 448.110 State minimum wage; annual wage adjustment;
14 enforcement.—
15 (3)(a) Employers shall pay employees a minimum wage at an
16 hourly rate of $6.15 for all hours worked in Florida. Only those
17 individuals entitled to receive the federal minimum wage under
18 the federal Fair Labor Standards Act, as amended, and its
19 implementing regulations shall be eligible to receive the state
20 minimum wage pursuant to s. 24, Art. X of the State Constitution
21 and this section. The provisions of ss. 213 and 214 of the
22 federal Fair Labor Standards Act, as interpreted by applicable
23 federal regulations and implemented by the Secretary of Labor,
24 are incorporated herein.
25 (b) An employer is not subject to the minimum wage
Page 1 of 2
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hb541-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 541 2025
26 requirements of this section for an employee who is in a
27 structured work-study, internship, preapprenticeship, or
28 apprenticeship program or other similar work-based learning
29 opportunity and such employee opts out of receiving the minimum
30 wage. The employee may opt out of receiving the minimum wage by:
31 1. Checking a box on an application form to opt out of the
32 minimum wage requirements; or
33 2. Providing the employer with a written acknowledgment
34 signed by the employee that the employee is opting out of the
35 minimum wage requirements.
36 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
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hb541-00
HB 543
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 543 COMPANION BILL: SB 940 (McClain)
TITLE: Third-party Reservation Platforms LINKED BILLS: None
SPONSOR(S): Oliver RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill prohibits third-party restaurant reservation platforms in the state. The bill defines a "third-party
reservation platform" as any website, mobile application, or internet service that offers reservations at public food
service establishments without a contractual relationship with the establishment. The bill prohibits these platforms
from listing, advertising, promoting, or selling reservations for on-premises service at public food service
establishments. The bill authorizes the Department of Business and Professional Regulation (DBPR), Division of
Hotels and Restaurants (Division) to impose civil penalties of up to $1,000 per violation, that may accrue daily.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state funds.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits third-party reservation platforms, as follows:
• Names the act, the “Restaurant Reservation Anti-Piracy Act.” (Section 1)
• Defines "third-party reservation platform" as a website, mobile application, or other Internet service that:
o Offers or arranges for a reservation at a public food service establishment for on-premises service.
o Is owned and operated by a person other than the owner of the public food service establishment.
o Does not have a contractual relationship or agreement with the public food service establishment,
or its contractual designee, to offer or arrange for a reservation at the public food service
establishment for on-premises service.
• Prohibits a reservation at a public food service establishment from being listed, advertised, promoted, or
sold through a third-party reservation platform.
• Authorizes the Division to impose a civil penalty to $1,000 for each violation, and specifies that violations
accrue on a daily basis. (Section 2)
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. The bill may have an indeterminate fiscal impact on state funds. The bill authorizes the Division to
impose civil penalties, which accrue on a daily basis. It is unknown how many violations will occur.
STORAGE NAME: h0543.IPA
DATE: 3/10/2025
1
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on restaurant owners and service workers to the
extent that it reduces the number of empty tables that are associated with unauthorized third-party restaurant
reservations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Hotels and Restaurants
The Division 1 is responsible 2 for administering and enforcing laws relating to the licensing, inspection, and
regulation of public food service establishments for the purpose of protecting the public health, safety and
welfare. 3
Public Food Service Establishments
A “public food service establishment” is defined as any building, vehicle, place, or structure, or any room or division
in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or
in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption. 4
There are several exclusions from the definition of the term, including: 5
• Any place maintained and operated by a public or private school, college, or university for the use of
students and faculty, or temporarily to serve events such as fairs, carnivals, and athletic contests;
• Any eating place maintained and operated by a church or religious, nonprofit fraternal, or nonprofit civic
organization for the use of members and associates or temporarily to serve events such as fairs, carnivals,
or athletic contests;
• Any eating place located on an airplane, train, bus, or watercraft that is a common carrier;
• Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care
Administration or the Department of Children and Families;
• Any place of business issued a permit or inspected by the Department of Agriculture and Consumer
Services;
• Any vending machine that dispenses any food or beverage other than potentially hazardous food;
• Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
• Any research and development test kitchen limited to use by employees and not open to the general public.
The regulation of public food service establishments is preempted to the state. 6
Third-Party Reservation Platforms
Third-party reservation platforms are not currently regulated by the State of Florida. According to reports, scalping
reservations has historically been an issue within the restaurant industry; however, recently, third-party websites
and bots 7 have made the problem much worse. In many cases, the reservations do not sell and thus, become a no-
1 Florida Department of Business & Professional Regulation, Division of Hotels and Restaurants,
https://www2.myfloridalicense.com/hotels-restaurants/ (last visited March 8, 2025).
2 See s. 509.032, F.S.
3 S. 509.032(1), F.S.
4 S. 509.013(5)(a), F.S.
5 S. 509.013(5)(b), F.S.
6 S. 509.032(7), F.S.
7 Cambridge Online Dictionary defines a “bot” as “a computer program that works automatically, especially one that searches
for and finds information on the internet: Criminals create networks of bots that roam the internet infecting PCs with
malware.”
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
show, which means the table stays empty, the restaurant loses money, and the service workers lose out on their
tips. In addition, such reservations can be made with fake names, which can cause confusion for the businesses. 8
New York State
Recently, the State of New York passed a bill that prohibits third-party restaurant reservation services from
arranging unauthorized restaurant reservations with food service establishments. The law, which became effective
February 17, 2025, prohibited listing or selling reservations on a website or mobile application by persons who do
not have a written agreement with the restaurant to include its reservations, and established civil penalties of up to
$1,000 per violation per day. 9
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIndustries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
8 Gothamist, New York law aims to kill 'black market' for restaurant reservations, https://gothamist.com/news/new-york-law-
aims-to-kill-black-market-for-restaurant-reservations (last visited March 8, 2025).
9 NY Assembly Bill A10215A (2024).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 543 2025
1 A bill to be entitled
2 An act relating to third-party reservation platforms;
3 providing a short title; creating s. 509.105, F.S.;
4 defining the term "third-party reservation platform";
5 prohibiting a reservation at a public food service
6 establishment from being listed, advertised, promoted,
7 or sold through a third-party reservation platform;
8 authorizing the Division of Hotels and Restaurants of
9 the Department of Business and Professional Regulation
10 to impose a civil penalty not to exceed a specified
11 amount for a violation of this act or of a division
12 rule; providing that such violations to accrue on a
13 specified time and for certain establishments;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act may be cited to as the "Restaurant
19 Reservation Anti-Piracy Act."
20 Section 2. Section 509.105, Florida Statutes, is created
21 to read:
22 509.105 Third-party reservation platforms prohibited.—
23 (1) As used in this section, the term "third-party
24 reservation platform" means a website, mobile application, or
25 other Internet service that:
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hb543-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 543 2025
26 (a) Offers or arranges for a reservation at a public food
27 service establishment for on-premises service.
28 (b) Is owned and operated by a person other than the owner
29 of the public food service establishment.
30 (c) Does not have a contractual relationship or agreement
31 with the public food service establishment, or its contractual
32 designee, to offer or arrange for a reservation at the public
33 food service establishment for on-premises service.
34 (2) A reservation at a public food service establishment
35 may not be listed, advertised, promoted, or sold through a
36 third-party reservation platform.
37 (3) The division may impose a civil penalty on a third-
38 party reservation platform in an amount not to exceed $1,000 for
39 each violation of this section or of a division rule. Violations
40 under this subsection shall accrue on a daily basis for each day
41 and for each food service establishment in which there has been
42 a violation of this section or rules of the division.
43 Section 3. This act shall take effect July 1, 2025.
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hb543-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 543 by Rep. Oliver
Third-party Reservation Platforms
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Oliver (strike-all):
• Clarifies the definition of “third-party reservation platform.”
• Provides an exception for certain third-party reservation platforms that arrange for
reservations at food service establishments in certain conditions at no cost to the
customer.
• Clarifies the prohibition on reservations using a third-party reservation platform.
• Clarifies that violations accrue on a daily basis for each reservation.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Oliver offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. This act may be cited to as the "Restaurant
8 Reservation Anti-Piracy Act."
9 Section 2. Section 509.105, Florida Statutes, is created
10 to read:
11 509.105 Third-party reservation platforms prohibited.—
12 (1) As used in this section, the term "third-party
13 reservation platform" means a website, mobile application, or
14 other Internet service that satisfies all of the following:
15 (a) Offers or arranges for a reservation at a public food
16 service establishment for on-premises service.
810181 - h0543-strike.docx
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2025)
Amendment No. 1
17 (b) Is owned and operated by a person other than the owner
18 of the public food service establishment.
19 (c) Does not have a contractual relationship or agreement
20 with the public food service establishment, or its contractual
21 designee, to offer or arrange for a reservation at the public
22 food service establishment for on-premises service.
23 (2) A third-party reservation platform does not include a
24 contractual designee of an individual customer which arranges
25 for a personal and non-transferrable reservation at a food
26 service establishment at the request of the customer and at no
27 cost to the customer, provided that the designee shares the
28 individual customer’s contact information with the food service
29 establishment, allows the food service establishment to confirm
30 the reservation with the individual customer, and honors
31 requests from the food service establishment to opt out of
32 future reservations created by the designee.
33 (3) A reservation at a public food service establishment
34 may not be listed, advertised, promoted, facilitated, sold, or
35 otherwise enabled through a third-party reservation platform.
36 (4) The division may impose a civil penalty on a third-
37 party reservation platform in an amount not to exceed $1,000 for
38 each violation of this section or of a division rule. Violations
39 under this subsection shall accrue on a daily basis for each day
40 and each reservation for each food service establishment in
810181 - h0543-strike.docx
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2025)
Amendment No. 1
41 which there has been a violation of this section or rules of the
42 division.
43 Section 3. This act shall take effect July 1, 2025.
44
45 -----------------------------------------------------
46 T I T L E A M E N D M E N T
47 Between lines 7 and 8, insert:
48 providing an exception;
810181 - h0543-strike.docx
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Page 3 of 3
HB 551
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 551 COMPANION BILL: SB 1078 (McClain)
TITLE: Fire Prevention LINKED BILLS: None
SPONSOR(S): Borrero RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill expands the types of fire alarm system projects eligible for the simplified building permit process. The bill
requires local governments to:
• issue simplified building permits within a certain period;
• establish a simplified permitting process by a certain date; and
• reduce permit fees when they fail to meet statutory deadlines.
The bill repeals the requirement for local governments to perform at least one inspection for simplified building
permit projects. The bill allows contractors to start work immediately after submitting a completed application.
The bill provides that local amendments to the Florida Fire Prevention Code are immediately rescinded if they are
not adopted in accordance with Florida Statutes, and provides that local fire marshals may be subject to discipline
for enforcing rescinded amendments.
The bill also amends the items required to be in a summary inspection report for a fire hydrant or fire protection
system.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on contractors who use the simplified permitting process by allowing
them to start work immediately after submitting a completed application. It is unknown if the bill will have an
economic impact on local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Simplified Permitting Processes
The bill redefines “fire alarm system project” to include replacing an existing fire alarm panel with the same make
and model, which will make such projects eligible for the simplified building permit process. (Section 1)
The bill defines the term “alteration” which was previously undefined. The bill defines “alteration” as to “add,
install, relocate, replace, or remove.” (Section 1)
The bill provides that a local enforcement agency must issue a building permit for an eligible fire alarm or fire
sprinkler project within two (2) business days of the completed application being submitted. A contractor may
begin work immediately after submitting the completed application. (Section 1)
STORAGE NAME: h0551.IPA
DATE: 3/10/2025
1
The bill repeals the requirement that a local enforcement agency must perform at least one inspection of the fire
alarm system or fire sprinkler system project. However, if a local enforcement agency requires an inspection then
it must perform the inspection within 24 hours after the inspection is requested. (Section 1)
The bill requires contractors to provide requested additional documentation to the local enforcement agency
within four (4) days of the local enforcement agency’s inspection. However, a local enforcement agency may not
require a contractor to provide additional documents or plans reviews that are outside the scope of the permitted
work. (Section 1)
The bill requires local governments to reduce their building permit fees by 10% for each business day that they fail
to meet a simplified permitting process deadline unless:
• The parties agree in writing to a reasonable extension;
• The delay is caused by the permit applicant; or
• The delay is attributable to a force majeure or other extraordinary circumstance.
Each 10% reduction is based on the original amount of the permit fee. (Section 1)
The bill requires local enforcement agencies to establish a simplified permitting process by October 1, 2025.
(Section 1)
Local Amendments to the Florida Fire Prevention Code
The bill provides that if a county or municipality fails to adopt a local amendment to the Florida Fire Prevention
Code in accordance with current law, the local amendment is immediately rescinded. (Section 2)
A local fire marshal is subject to discipline if a county or municipality enforces a rescinded local amendment.
(Section 2)
Fire Hydrant and Fire Protection System Inspections
The bill provides that the uniform summary inspection report must list the total number of deficiencies discovered
during the inspection instead of a brief summary of each deficiency or impairment. (Section 3)
The bill also removes the requirement that the procedure to submit summary inspection reports to a local
authority may require a contractor to submit information contained in their detailed inspection report. (Section 3)
The bill provides an effective date of July 1, 2025. (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Simplified Permitting Process
Standard Building Permit Process
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. 1 Every local government
must enforce the Florida Building Code and issue building permits. 2 A building permit is an official document or
certificate issued by the local building official that authorizes performance of a specific activity. 3
1 S. 553.72, F.S.
2 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
3 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Current law requires local governments to review alarm, electrical, plumbing, and mechanical building permit
applications within a specific time-period of receiving the applications: 4
When a local government receives an application for one of the above building permits, it must 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: 5
• Within 30 business days if the structure is less than 7,500 square feet.
• Within 60 business days if the structure is more than 7,500 square feet.
If a local government fails to meet one of the deadlines, it must reduce the building permit fee by ten (10)
percent for each business day that it fails to meet the deadline. Each ten (10) percent reduction is based on
the original amount of the building permit fee, unless: 6
• the parties agree to an extension of time;
• the delay is caused by the applicant; or
• the delay is attributable to a force majeure or other extraordinary circumstances.
Simplified Building Permit Process
Section 553.793, F.S., provides an expedited permitting process for certain fire alarm system projects and fire
sprinkler projects. The process removes the time required to review plans prior to starting work.
The law prohibits a local enforcement agency from requiring a contractor to submit building plans or specifications
in order to obtain a permit for a fire alarm system or fire sprinkler project, but a local enforcement agency is still
authorized to require a contractor to submit a completed application and a payment for such permit. 7
A “fire alarm system project” is defined as a fire alarm system alteration of a total of 20 or fewer
initiating devices and notification devices, or the installation or replacement of a fire communicator
connected to an existing fire alarm control panel in an existing commercial, residential, apartment,
cooperative, or condominium building. 8
A “fire sprinkler system project” is defined as a fire protection system alteration of a total of 20 or fewer fire
sprinklers in which the sprinklers are of the same K-factor and located in spaces where there is no change of
hazard classification or increased system coverage area, or the installation or replacement of an equivalent fire
sprinkler system component in an existing commercial, residential, apartment, cooperative, or condominium
building. 9
The term “alteration” is not defined.
A local enforcement agency must require at least one inspection of a fire alarm system or fire sprinkler project to
ensure the work complies with the applicable codes and standards. If a project fails an inspection, the contractor
must take corrective action as necessary to pass inspection. 10
The contractor must keep a copy of the plans and specifications at the worksite, and make them
available to the inspector at each inspection. 11
4 S. 553.792(1), F.S.
5 Id.
6 Id.
7 S. 553.7932(2), F.S.
8 S. 553.7932(1), F.S.
9 Id.
10 S. 553.7932(4), F.S.
11 S. 553.7932(5), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The simplified permitting process does not require local enforcement agencies to issue a permit within a certain
time period.
Fire Alarm Panel
A “fire alarm panel” or “control unit” serves as the brain of a fire alarm system. It monitors all the inputs, i.e. smoke
or heat detection, into the system and controls all of the outputs, i.e. alarms. 12
Local Amendments to the Florida Fire Prevention Code
Florida Fire Prevention Code
Chapter 633, F.S., is Florida’s fire prevention and control law, and it designates the state’s Chief Financial Officer as
the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the Department of
Financial Services (DFS), is charged with enforcing the provisions of ch. 633, F.S., and all other applicable laws
relating to fire safety. 13
Pursuant to this authority, the State Fire Marshal regulates, trains, and certifies fire service personnel and fire
safety inspectors.
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which contains all
fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair,
and demolition of public and private buildings, structures, and facilities. 14
State law requires all municipalities, counties, and special districts with fire safety responsibilities to enforce
the Fire Code as the minimum fire prevention code. These local enforcing authorities may adopt more stringent fire
safety standards, subject to certain requirements, but may not enact fire safety ordinances that conflict with ch.
633, F.S., or any other state law. 15
The chiefs of local government fire service providers (or their designees) are authorized to enforce ch. 633,
F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of the State
Fire Marshal. 16
Each county, municipality, and special district with fire safety enforcement responsibilities is
also required to employ or contract with a fire safety inspector (certified by the State Fire Marshal) to conduct all
fire safety inspections required by law. 17
Local Amendments to the Florida Fire Prevention Code
Counties, municipalities, and special districts may adopt more stringent safety standards by: 18
• Holding a public meeting that has been advertised in a newspaper of general circulation at least 10 days
before the hearing;
• Deciding after the meeting that there is a need to strengthen the Fire Code.
o The determination must be based upon a review of the local conditions by the local governing body,
which demonstrates that local conditions require the more stringent standards.
• Providing a procedure allowing substantially affected parties to challenge the validity of such standards.
o A challenging party is entitled to a hearing within 45 days and has the burden of proof.
12 Shawn Mahoney, A Guide to Fire Alarm Basics, NFPA, (March 3, 2021) https://www.nfpa.org/news-blogs-and-
articles/blogs/2021/03/03/a-guide-to-fire-alarm-basics (last visited March 7, 2024).
13 S. 633.104, F.S.
14 S. 633.202, F.S.
15 Ss. 633.108, 633.208, and 633.214, F.S.
16 S. 633.118, F.S.
17 S. 633.216(1), F.S.
18 Ss. 633.202, and 633.208, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
• Sending the amendment to the State Fire Marshal and the Florida Building Commission within 30 days of
adopting the amendment.
Discipline
The State Fire Marshal may discipline fire safety inspectors by denying, refusing to renew, issuing fines not to
exceed $1,000, placing on probation, suspending, or revoking their certificate if the State Fire Marshal finds that
the fire safety inspector has violated ch. 633, F.S. , including: 19
• Violating Fire Prevention laws or any rule or order of the State Fire Marshal.
• Filing false reports or falsifying records related to their certificate.
• Failing to properly enforce applicable fire codes or permit requirements within this state which the
certificate holder knows are applicable by “committing willful misconduct, gross negligence, gross
misconduct, repeated negligence, or negligence resulting in a significant danger to life or property.”
Fire Hydrant and Fire Protection System Inspections
The State Fire Marshal has the right to inspect any fire hydrants or fire protection systems in order to determine
that such system meets the standards set forth by the state. Inspections may also be conducted by independent
contractors. 20
Any person who wishes to inspect fire hydrants or fire protection systems must have a fire protection system’s
contractor license issued by the State Fire Marshal. 21
If a fire protection system contractor inspects a fire hydrant or a fire protection system, the contractor must use a
uniform summary inspection report adopted by the State Fire Marshall. A contractor must provide a copy of the
summary inspection report to the local authority and the building owner or hydrant owner. An inspector also
completes a detailed report in addition to the uniform summary inspection report. 22
The uniform summary inspection report must include the: 23
• Address where the fire protection system or hydrant is located;
• Company and person conducting the inspection and their license number;
• Date of the inspection; and
• Fire protection system or hydrant inspection status, including a brief summary of all the deficiencies
discovered during the inspection including:
o Deficiency.
o Critical deficiency.
o Noncritical deficiency; or
o Impairment.
The State Fire Marshal must adopt rules for contractors to submit uniform summary inspection reports to local
governments. The procedures must allow a contractor to attach additional documents with the uniform summary
inspection report, including a physical copy of the contractor’s detailed inspection report. However, a submission
procedure may not require a contractor to submit information contained within the detailed inspection report
unless the information is required to be included in the uniform summary inspection report. 24
19 S. 633.106, and 633.216(5), F.S.
20 S. 633.312, F.S.
21 Ss. 633.312 and 633.318, F.S.
22 S. 633.312(3), F.S.
23 S. 633.312(3)(b), F.S.
24 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 551 2025
1 A bill to be entitled
2 An act relating to fire prevention; amending s.
3 553.7932, F.S.; defining the term "alteration";
4 revising the definition of the term "fire alarm system
5 project"; requiring a local enforcement agency to
6 issue a permit for a fire alarm system project or fire
7 sprinkler system project within a specified time
8 period; authorizing work to commence immediately;
9 requiring an inspection required by the local
10 enforcement agency of a fire alarm system project or
11 fire sprinkler system project within a specified time
12 period; requiring certain plans and specifications to
13 be available for an onsite plans review during an
14 inspection; requiring a contractor to provide
15 additional documentation, if necessary, within a
16 specified timeframe; prohibiting a local enforcement
17 agency from requiring additional plans reviews or
18 documentation outside the scope of the permitted work;
19 requiring permit fees to be reduced by a certain
20 percentage if a local government fails to meet certain
21 deadlines; providing exceptions; requiring local
22 enforcement agencies to establish a simplified
23 permitting process by a specified date; amending s.
24 633.202, F.S.; specifying a condition under which a
25 local amendment to the Florida Fire Prevention Code is
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HB 551 2025
26 immediately rescinded; providing disciplinary action
27 under certain circumstances; amending s. 633.312,
28 F.S.; requiring a uniform summary inspection report to
29 include the total number of deficiencies found during
30 the inspection of a fire protection system or hydrant;
31 removing the requirement for a brief summary of such
32 deficiencies; removing an exception from submitting
33 certain information within a detailed inspection
34 report; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraphs (a) through (d) of subsection (1) of
39 section 553.7932, Florida Statutes, are redesignated as
40 paragraphs (b) through (e), respectively, present paragraph (c)
41 of subsection (1), subsections (3) and (4), and paragraphs (a)
42 and (b) of subsection (5) are amended, and subsections (6) and
43 (7) are added to that section, to read:
44 553.7932 Simplified permitting processes.—
45 (1) As used in this section, the term:
46 (a) "Alteration" means to add, install, relocate, replace,
47 or remove.
48 (d)(c) "Fire alarm system project" means a fire alarm
49 system alteration of a total of 20 or fewer initiating devices
50 and notification devices;, or the installation or replacement of
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HB 551 2025
51 a fire communicator connected to an existing fire alarm control
52 panel in an existing commercial, residential, apartment,
53 cooperative, or condominium building; or the replacement of an
54 existing fire alarm panel using the same make and model as the
55 existing panel.
56 (3) A local enforcement agency must issue a permit for a
57 fire alarm system project or fire sprinkler system project in
58 person or electronically within 2 business days after submission
59 of a completed application. A contractor may commence work
60 authorized by the permit immediately after submission of a
61 completed application.
62 (4) If a local enforcement agency requires an inspection,
63 the a local enforcement agency must provide such inspection
64 within 24 hours after such inspection is requested, require at
65 least one inspection of a fire alarm system project or fire
66 sprinkler system project to ensure compliance with applicable
67 codes and standards. If a fire alarm system project or fire
68 sprinkler system project fails an inspection, the contractor
69 must take corrective action as necessary to pass inspection.
70 (5)(a) For a fire alarm system project, a contractor must
71 keep a copy of the plans and specifications at the fire alarm
72 system project worksite and make such plans and specifications
73 available to the inspector for an onsite plans review at each
74 inspection. If the local enforcement agency determines that it
75 needs additional documentation, the contractor must provide such
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HB 551 2025
76 documentation in paper or electronic form to the local
77 enforcement agency within 4 business days after the inspection.
78 The local enforcement agency may not require additional plans
79 reviews or documentation of areas or devices outside the scope
80 of permitted work.
81 (b) For a fire sprinkler system project to alter an
82 existing fire protection system, a contractor must keep a copy
83 of the plans and specifications at the fire sprinkler system
84 project worksite and make such plans and specifications
85 available to the inspector at each inspection. If the local
86 enforcement agency determines that it needs additional
87 documentation, the contractor must provide such documentation in
88 paper or electronic form to the local enforcement agency within
89 4 business days after the inspection. The local enforcement
90 agency may not require additional plans reviews or documentation
91 of areas or devices outside the scope of permitted work.
92 (6) A local government that fails to meet a deadline under
93 this section must reduce the permit fee by 10 percent for each
94 business day after such failure, unless the parties agree in
95 writing to a reasonable extension of time, the delay is caused
96 by the applicant, or the delay is attributable to a force
97 majeure or other extraordinary circumstances. Each 10-percent
98 reduction shall be based on the original amount of the permit
99 fee, unless the parties agree to an extension of time.
100 (7) By October 1, 2025, a local enforcement agency must
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101 establish a simplified permitting process that complies with
102 this section.
103 Section 2. Subsection (10) of section 633.202, Florida
104 Statutes, is amended to read:
105 633.202 Florida Fire Prevention Code.—
106 (10)(a) Notwithstanding other provisions of this chapter,
107 if a county or a municipality within that county adopts an
108 ordinance providing for a local amendment to the Florida Fire
109 Prevention Code and that amendment provides a higher level of
110 protection to the public than the level specified in the Florida
111 Fire Prevention Code, the local amendment becomes effective
112 without approval of the State Fire Marshal and is not rescinded
113 pursuant to this section, provided that the ordinance meets one
114 or more of the following criteria:
115 1.(a) The local authority has adopted, by ordinance, a
116 fire service facilities and operation plan that outlines goals
117 and objectives for related equipment, personnel, and capital
118 improvement needs of the local authority related to the specific
119 amendment for the next 5 years;
120 2.(b) The local authority has adopted, by ordinance, a
121 provision requiring proportionate reduction in, or rebate or
122 waivers of, impact or other fees or assessments levied on
123 buildings that are built or modified in compliance with the more
124 stringent firesafety standards required by the local amendment;
125 or
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HB 551 2025
126 3.(c) The local authority has adopted, by ordinance, a
127 growth management plan that requires buildings and structures to
128 be equipped with more stringent firesafety requirements required
129 by the local amendment when these firesafety requirements are
130 used as the basis for planning infrastructure development, uses,
131 or housing densities.
132 (b) If a county or municipality fails to adhere to the
133 requirements of this section when adopting an ordinance for a
134 local amendment to the Florida Fire Prevention Code, the local
135 amendment is rescinded immediately. If a county or municipality
136 continues to enforce an ordinance that has been rescinded, the
137 local fire marshal is subject to disciplinary action under s.
138 633.106.
139 (c) Except as provided in s. 633.206, the local appeals
140 process shall be the venue if there is a dispute between parties
141 affected by the provisions of the more stringent local
142 firesafety amendment adopted as part of the Florida Fire
143 Prevention Code pursuant to the authority in this subsection.
144 Local amendments adopted pursuant to this subsection shall be
145 deemed local or regional variations and published as such in the
146 Florida Fire Prevention Code. The act of publishing locally
147 adopted firesafety amendments to the Florida Fire Prevention
148 Code may not be construed to mean that the State Fire Marshal
149 approves or denies the authenticity or appropriateness of the
150 locally adopted firesafety provision, and the burden of
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151 protecting the local firesafety amendment remains solely with
152 the adopting local governmental authority.
153 Section 3. Paragraph (b) of subsection (3) of section
154 633.312, Florida Statutes, is amended to read:
155 633.312 Inspection of fire control systems, fire hydrants,
156 and fire protection systems.—
157 (3)
158 (b) The State Fire Marshal shall adopt rules to implement
159 a uniform summary inspection report and submission procedures to
160 be used by all third-party vendors and local authorities having
161 jurisdiction. For purposes of this section, a uniform summary
162 inspection report must record the address at which where the
163 fire protection system or hydrant is located, the company and
164 person conducting the inspection and their license number, the
165 date of the inspection, and the fire protection system or
166 hydrant inspection status, including the total number of
167 deficiencies found a brief summary of each deficiency, critical
168 deficiency, noncritical deficiency, or impairment found. A
169 contractor's detailed inspection report is not required to
170 follow the uniform summary inspection report format. The State
171 Fire Marshal shall establish by rule a submission procedure for
172 each means provided under paragraph (a) by which a local
173 authority having jurisdiction may accept uniform summary
174 inspection reports. Each of the submission procedures must allow
175 a contractor to attach additional documents with the submission
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HB 551 2025
176 of a uniform summary inspection report, including a physical
177 copy of the contractor's detailed inspection report. A
178 submission procedure may not require a contractor to submit
179 information contained within the detailed inspection report
180 unless the information is required to be included in the uniform
181 summary inspection report.
182 Section 4. This act shall take effect July 1, 2025.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 551 by Borrero
Fire Prevention
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Borrero (line 62):
• Expands the time-period that local governments have to perform an inspection from
within 24 hours after receiving a request to within three (3) business days of receiving a
request.
• Provides that contractors must provide additional documentation for fire alarm system
and fire sprinkler projects within four (4) days of receiving a request from the local
government or (4) days after the inspection, whichever is later.
• Provides that a local government must refund 10 percent of a building permit fee for
missing a required deadline instead of reducing the fee by 10 percent.
• Provides that a local government only has to refund 10 percent of a fee if they fail to
issue a building permit or perform an inspection for certain fire alarm system and fire
sprinkler projects within the required timeframe.
• Removes the bill’s provision providing that a local fire marshal’s license is subject to
discipline if they enforce a rescinded local amendment to the Fire Code.
• Provides that a municipality may only enforce a local amendment to the Fire Code if it
has been sent to the Florida Building Commission and the State Fire Marshal as of the
date the contractor submitted the bid for a permit.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 551 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Borrero offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 62-152 and insert:
7 (4) The a local enforcement agency must provide an
8 inspection within 3 business days after such inspection is
9 requested require at least one inspection of a fire alarm system
10 project or fire sprinkler system project to ensure compliance
11 with applicable codes and standards. If a fire alarm system
12 project or fire sprinkler system project fails an inspection,
13 the contractor must take corrective action as necessary to pass
14 inspection.
15 (5)(a) For a fire alarm system project, a contractor must
16 keep a copy of the plans and specifications at the fire alarm
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 551 (2025)
Amendment No. 1
17 system project worksite and make such plans and specifications
18 available to the inspector for an onsite plans review at each
19 inspection. If the local enforcement agency determines that it
20 needs documents for recording purposes, the contractor must
21 provide such documentation in paper or electronic form to the
22 local enforcement agency within 4 business days after the
23 inspection or 4 days after the documentation is requested,
24 whichever is later. The local enforcement agency may not require
25 additional plans reviews or documentation of areas or devices
26 outside the scope of permitted work, as needed on permit
27 applications.
28 (b) For a fire sprinkler system project to alter an
29 existing fire protection system, a contractor must keep a copy
30 of the plans and specifications at the fire sprinkler system
31 project worksite and make such plans and specifications
32 available to the inspector at each inspection. If the local
33 enforcement agency determines that it needs additional documents
34 for recording purposes, the contractor must provide such
35 documentation in paper or electronic form to the local
36 enforcement agency within 4 business days after the inspection
37 or 4 days after the documentation is requested, whichever is
38 later. The local enforcement agency may not require additional
39 plans reviews or documentation of areas or devices outside the
40 scope of permitted work, as needed on permit applications.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 551 (2025)
Amendment No. 1
41 (6) A local government that fails to meet a deadline under
42 subsection (3) or subsection (4) must refund the permit fee by
43 10 percent for each business day after such failure, unless the
44 local government and contractor agree in writing to a reasonable
45 extension of time, the delay is caused by the applicant, or the
46 delay is attributable to a force majeure or other extraordinary
47 circumstances. Each 10 percent refund shall be based on the
48 original amount of the permit fee.
49 (7) By October 1, 2025, a local enforcement agency must
50 establish a simplified permitting process that complies with
51 this section.
52 Section 2. Subsection (9) of section 633.202, Florida
53 Statutes, is amended to read:
54 633.202 Florida Fire Prevention Code.—
55 (9)(a) The State Fire Marshal shall make rules that
56 implement this section and ss. 633.104 and 633.208 for the
57 purpose of accomplishing the objectives set forth in those
58 sections.
59 (b) If a county or municipality fails to adhere to the
60 requirements of this section when adopting an ordinance for a
61 local amendment to the Florida Fire Prevention Code, the local
62 amendment is null and void. A municipality may enforce only an
63 ordinance that has been sent to the Florida Building Commission
64 and the State Fire Marshal pursuant to subsection (8) as of the
65 date that the bid for a permit was submitted.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 551 (2025)
Amendment No. 1
66
67 -----------------------------------------------------
68 T I T L E A M E N D M E N T
69 Remove lines 9-27 and insert:
70 requiring the local enforcement agency to provide an
71 inspection within a specified timeframe; requiring
72 that certain plans and specifications be available for
73 an onsite plans review during an inspection; requiring
74 a contractor to provide additional documents, if
75 necessary, within a specified timeframe; prohibiting a
76 local enforcement agency from requiring additional
77 plans reviews or documentation outside the scope of
78 the permitted work; requiring that permit fees be
79 refunded by a certain percentage if a local government
80 fails to meet certain deadlines; providing exceptions;
81 requiring local enforcement agencies to establish a
82 simplified permitting process by a specified date;
83 amending s. 633.202, F.S.; specifying a condition
84 under which a local amendment to the Florida Fire
85 Prevention Code is null and void; providing that a
86 municipality may enforce only an ordinance that has
87 been sent to the Florida Building Commission and the
88 State Fire Marshal as of the date that the bid for a
89 permit was submitted; amending s. 633.312,
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HB 641
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 641 COMPANION BILL: SB 764 (Wright)
TITLE: Food Additives LINKED BILLS: None
SPONSOR(S): Tendrich, Gonzalez Pittman RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill requires food or drink products intended for human consumption that contain synthetic color additives
when used as a food additive to display a warning on their packaging. The bill establishes a graduated scale of
penalties for manufacturers, retailers, and distributors who fail to comply with the warning requirements. The bill
requires fines to be deposited in the Department of Agriculture and Consumer Services (DACS) General Inspection
Trust Fund, and requires DACS to conduct inspections.
The effective date of the bill is upon becoming law.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires food or drink products intended for human consumption that contain synthetic color additives,
when used as a food additive, to display a warning on their packaging, stating, "WARNING: This product contains
synthetic colors, which may have an adverse effect on activity and attention in children." The bill allows
manufacturers to use adhesive stickers for the warning until December 31, 2028. By January 1, 2029, the warning
must be printed directly on the packaging. The bill outlines specific synthetic color additives that are covered
under this requirement, including Blue 1, Blue 2, Green 3, Red 40, Yellow 5, Yellow 6, and titanium dioxide.
(Section 1)
The bill establishes a graduated scale of penalties for manufacturers, retailers, and distributors who fail to comply
with the warning requirements. Manufacturer fines range from $1,000 for a first offense, $2,500 for a second
offense, and $5,000 for third or subsequent offenses, while retailer and distributor fines range from a written
warning for a first offense, citation for corrective action for a second offense, $7,500 for a third offense, $1,000 for a
fourth offense, and up to $2,500 for fifth or subsequent offenses. The bill requires fines to be deposited in the DACS
General Inspection Trust Fund, and requires DACS to conduct inspections as part of its regular food and drink
product inspections requirements under the Act. (Section 1)
The effective date of the bill is upon becoming law. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STORAGE NAME: h0641.IPA
DATE: 3/10/2025
1
STATE GOVERNMENT:
Indeterminate. The bill may have an indeterminate negative impact on state government. The bill establishes a
graduated scale of fines for manufacturers, retailers, and distributors who fail to comply with the warning
requirements, requires fines to be deposited in the DACS General Inspection Trust Fund, and requires DACS to
conduct inspections. It is unknown how many violations and inspections will occur.
PRIVATE SECTOR:
Indeterminate. The bill may have an indeterminate negative fiscal impact on the private sector. The bill establishes
a graduated scale of penalties for manufacturers, retailers, and distributors who fail to comply with the warning
requirements, and requires DACS to conduct inspections. It is unknown how many violations and inspections will
occur.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Color Additive Regulations
The purpose of the Florida Food Safety Act (Act) 1 is to safeguard and protect the consuming public from product
use and merchandising deceit regarding the intrastate commerce of food. The Act is also meant to promote
conformance with the Federal Food, Drug, and Cosmetic Act, 2 Agriculture Marketing Act of 1946, 3 and Federal
Trade Commission Act. 45
DACS is the agency responsible for the enforcement of the production, manufacture, transportation, and sale of
food through the Act. DACS’s Division of Food Safety (Division) is directly responsible for assuring the public of a
safe, wholesome, and properly represented food supply. 6 The division accomplishes this through the permitting 7
and inspection 8 of food establishments, 9 the inspection and evaluation of food products, and the performance of
specialized laboratory testing on a variety of food products sold or produced in Florida. 10 The Division also
proactively monitors food from manufacturing and distribution to retail. 11
As part of its responsibilities, DACS can impose a variety of disciplinary actions against food establishments for
specified violations. 12 This includes, but is not limited to, revoking or suspending 13 the permit of a food
establishment or imposing Class II 14 administrative fines. 15 DACS, or its duly authorized agent, can also issue and
1 See ch. 500, F.S.
2 21 U.S.C. §§ 301-399d.
3 7 U.S.C. §§ 1621-1629.
4 5 U.S.C. §§ 41-58, as amended.
5 S. 500.02, F.S.
6
FDACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited March 8, 2025).
7 S. 500.12, F.S.
8 S. 500.147, F.S.
9 S. 500.03(1)(p), F.S., defines “food establishment” as a factory, food outlet, or other facility manufacturing, processing,
packing, holding, storing, or preparing food or selling food at wholesale or retail. The term does not include a business or
activity regulated under s. 413.051, s. 500.80, chapter 509, or chapter 601. The term includes tomato packinghouses and
repackers but does not include any other establishments that pack fruits and vegetables in their raw or natural states,
including those fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled, natural form before they
are marketed.
10 S. 500.09(6), F.S.
11 S. 500.81(3)(b)1., F.S.
12
S. 500.121, F.S.
13 Id.
14
The fine for each Class II violation cannot exceed $5,000. S. 570.971(1)(b), F.S.
15
S. 500.121, F.S.
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2
enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds any food, food processing equipment,
area, or food storage area is in violation of the Florida Food Safety Act. 16
The Act deems food to be adulterated if it bears or contains a color additive, 17 which is unsafe. 18 Any color additive
is deemed unsafe, unless there is in effect a regulation limiting the quantity of such substance, and the use
conforms to the terms prescribed by the regulation. 19
The Act deems food to be misbranded if it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact. However, to the extent that compliance is impracticable,
DACS is authorized to establish exemptions from this labeling requirement.
The Act provides the following prohibitions regarding adulterated or misbranded food: 20
• The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or
misbranded.
• The adulteration or misbranding of any food.
• The receipt in commerce of any food that is adulterated or misbranded, and the delivery for pay or
otherwise.
Adulterated or misbranded food are subject to seizure and condemnation by DACS 21 and the other disciplinary
actions authorized by the Act.
Federal Color Additive Regulations
The Federal Food, Drug, and Cosmetic Act (FDCA) authorizes the Food and Drug Administration (FDA) to oversee
and regulate the production, sale, and distribution of food, drugs, medical devices, and cosmetics, and protect the
public from adulterated and misbranded products manufactured and sold in the US. 22
The FDA regulates color additives 23 in food, requiring pre-approval, specifying permitted uses and maximum
amounts, and mandating labeling requirements, including the use of specific names for certified color additives and
16
S. 500.172, F.S.
17 S. 500.03(1)(g), F.S., defines “color additive” as materials that include “a. Is a dye pigment, or other substance, made by a
process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final
change of identity from a vegetable, animal, mineral, or other source, or b. When added or applied to a food, is capable, alone
or through reaction with another substance, of imparting color thereto; except that such term does not include any material
that is exempt under the federal act.”
18 S. 500.10(1)(b), F.S.
19 S. 500.13(1), F.S.
20 S. 500.04, F.S.
21 S. 500.173, F.S.
22 National Library of Medicine, National Center for Biotechnology Information, Food, Drug, and Cosmetic Act,
https://www.ncbi.nlm.nih.gov/books/NBK585046/#:~:text=The%201938%20Federal%20Food%2C%20Drug,across%2015
%20states.%5B1%5D (last visited March 8, 2025).
23 The FDCA defines “color additive” “as any material, not exempted under section 201(t) of the act, that is a dye, pigment, or
other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without
intermediate or final change of identity, from a vegetable, animal, mineral, or other source and that, when added or applied to
a food, drug, or cosmetic or to the human body or any part thereof, is capable (alone or through reaction with another
substance) of imparting a color thereto. Substances capable of imparting a color to a container for foods, drugs, or cosmetics
are not color additives unless the customary or reasonably foreseeable handling or use of the container may reasonably be
expected to result in the transmittal of the color to the contents of the package or any part thereof. Food ingredients such as
cherries, green or red peppers, chocolate, and orange juice which contribute their own natural color when mixed with other
foods are not regarded as color additives; but where a food substance such as beet juice is deliberately used as a color, as in
pink lemonade, it is a color additive. Food ingredients as authorized by a definitions and standard of identity prescribed by
regulations pursuant to section 401 of the act are color additives, where the ingredients are specifically designated in the
definitions and standards of identity as permitted for use for coloring purposes. An ingredient of an animal feed whose
intended function is to impart, through the biological processes of the animal, a color to the meat, milk, or eggs of the animal is
a color additive and is not exempt from the requirements of the statute. This definition shall apply whether or not such
ingredient has nutritive or other functions in addition to the property of imparting color. An ingested drug the intended
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
collective terms for exempt ones. 24 Color additives include both synthetic substances and substances derived from
natural sources. Color additives may be used in food to enhance natural colors, add color to colorless and ‘fun’
foods such as cake decorations, and help identify flavors (such as purple for grape flavor or yellow for lemon).
Color additives are sometimes called food dyes. 25
The FDA classifies color additives as either "certified” 26 for use in foods, drugs, cosmetics, and medical devices or
"exempt from certification." 27 Color additives subject to certification are generally synthetic organic dyes, lakes, or
pigments. Color additives exempt from certification generally include those derived from plant or mineral
sources. 28
The FDA certified additives are often referred to as "FD&C" or "D&C" colors. The FDA's color certification program
ensures that certifiable color additives meet specific purity and composition standards before they can be used in
regulated products. These are synthetic color additives that require batch certification by the FDA. Examples of
certified color additives include FD&C Red No. 3, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Green No. 3, FD&C
Blue No. 1, FD&C Blue No. 2, and FD&C Red No. 40.
FD&C Red No. 3 is a synthetic food dye that gives certain foods and drinks a bright, cherry-red color, and is found in
certain candy, cakes and cupcakes, cookies, frozen desserts, and frostings and icings, and ingested drugs. The FDA
requires manufacturers to list FD&C Red No. 3 in the statement of ingredients when added to food. The FDA will no
longer allow for the use of FD&C Red No. 3 in food and ingested drugs. On January 15, 2025, the FDA issued an
order to revoke these authorizations. 29 Manufacturers who use FD&C Red No. 3 in food and ingested drugs will
have until January 15, 2027 or January 18, 2028, respectively, to reformulate their products. 30
Titanium dioxide (TiO2) is a synthetically produced white pigment, manufactured from naturally occurring ores. It
is regulated by the FDA as a color additive and used in a variety of FDA regulated foods, such as bakery products
and candy. The FDA is currently reviewing a Color Additive Petition filed on April 14, 2023. The petition asks the
FDA to repeal section 21 CFR 73.575 to no longer provide for the use of titanium dioxide in foods. 31 Certification of
this color additive is not necessary for the protection of the public health and therefore it is exempt from the
certification requirements of the FDCA. 32
Under the FDCA, a color additive is considered adulterated 33 if it bears or contains, a color additive which is
unsafe, 34 and is considered misbranded 35 if its packaging and labeling are not in conformity with the FDCA
packaging and labeling requirements.
function of which is to impart color to the human body is a color additive. For the purposes of this part, the term color includes
black, white, and intermediate grays, but substances including migrants from packaging materials which do not contribute any
color apparent to the naked eye are not color additives.”
24 See 21 C.F.R., parts 70-82.
25 U.S. Food & Drug Administration, Color Additives Questions and Answers for Consumers, https://www.fda.gov/food/color-
additives-information-consumers/color-additives-questions-and-answers-consumers (last visited March 8, 2025).
26 21 C.F.R. part 74.
27 21 C.F.R. part 73.
28 U.S. Food & Drug Administration, Color Additives in Foods, https://www.fda.gov/food/color-additives-information-
consumers/color-additives-
foods#:~:text=Certified%20color%20additives%20are%20synthetically,extract%20(red%20or%20purple). (last visited
March 8, 2025).
29 21 CFR Part 74.
30 U.S. Food & Drug Administration, FD&C Red No. 3, https://www.fda.gov/industry/color-additives/fdc-red-no-
3#:~:text=Share-,FD&C%20Red%20No.,Cosmetic%20Act%20(FD&C%20Act). (last visited March 9, 2025)
31 U.S. Food & Drug Administration, Titanium Dioxide as a Color Additive in Foods, https://www.fda.gov/industry/color-
additives/titanium-dioxide-color-additive-
foods#:~:text=Titanium%20dioxide%20(TiO2)%20is,may%20be%20added%20to%20foods. (last visited March 8, 2025).
32 21 C.F.R. § 73.575.
33 21 U.S.C. § 342.
34 21 U.S.C. § 379(e), provides that “unsafe color additives” “shall, with respect to any particular use (for which it is being used
or intended to be used or is represented as suitable) in or on food or drugs or devices or cosmetics, be deemed unsafe for the
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4
The FDA requires food manufacturers to list all ingredients on the label, with the ingredients used in the greatest
amount first, followed in descending order by those in smaller amounts. The label must list the names of any FDA-
certified color additive. With the exception of carmine/cochineal extract, color additives exempt from certification
can be listed collectively as “artificial colors,” “artificial color added,” “color added,” or equally informative terms,
without naming each one. Because of potential allergic reactions in some people, carmine/cochineal extract are
required to be identified by name on food labels. 36
When an FDA investigation determines that a color additive violation has occurred, the agency can take a number
of actions to enforce the FD&C Act and to protect the public health. In the absence of voluntary action (for example,
product recall) by the responsible firm to correct the problem, the FDA has several advisory, administrative, and
judicial options which include warning letters, detentions, issuance of import alerts, and seizures.
Other States
In response to concerns about potential health effects, several states, notably California, have introduced and
passed legislation to ban specific food dyes, like Red 3, and other additives, including in school meals. In October
2023, California became the first state to prohibit certain color additives. The law banned the manufacture,
distribution, and sale of foods and beverages containing food and color additives, including brominated vegetable
oil, potassium bromate, propylparaben, and Red Dye No. 3. 37
In 2024, California passed legislation banning food with certain food and color additives from being sold in schools.
The law prohibits the sale of food and beverages containing the following substances: Blue Dye No. 1, Blue Dye No.
2, Green Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, and Yellow Dye No. 6. 38 So far, Texas, Hawaii, and Virginia
have introduced similar legislation this session that seeks to ban the use of certain additives in food and beverages
sold in schools.
Several other states have proposed food and color additive bans. These states include Arkansas, Delaware,
Missouri, New Jersey, New York, Oklahoma, Utah, Virginia, and West Virginia. 39
OTHER RESOURCES:
National Library of Medicine: Potential impacts of synthetic food dyes on activity and attention in children: a
review of the human and animal evidence.
Ohio State University Wexner Medical Center: How food dye can affect children.
purposes of the application of section 342(c), 351(a)(4), or 361(e) of this title, as the case may be, unless— (1)(A) there is in
effect, and such additive and such use are in conformity with, a regulation issued under subsection (b) of this section listing
such additive for such use, including any provision of such regulation prescribing the conditions under which such additive
may be safely used, and (B) such additive either (i) is from a batch certified, in accordance with regulations issued pursuant to
subsection (c), for such use, or (ii) has, with respect to such use, been exempted by the Secretary from the requirement of
certification; or (2) such additive and such use thereof conform to the terms of an exemption which is in effect pursuant to
subsection (f) of this section.”
35 21 U.S.C. § 343.
36 See 21 C.F.R., subpart B.
37 AB-418 The California Food Safety Act (2023-2024).
38 AB-2316 The California School Food Safety Act (2023-2024).
39 University of Arkansas National Agricultural Law Center, FDA bans Red Dye No. 3, https://nationalaglawcenter.org/fda-
bans-red-dye-no-
3/#:~:text=State%20level%20bans&text=Additionally%2C%20in%202024%2C%20the%20FDA,Safety%20Act%2C%20codi
fied%20at%20Cal. (last visited March 9, 2025).
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5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 641 2025
1 A bill to be entitled
2 An act relating to food additives; creating s.
3 500.181, F.S.; requiring food and drink products
4 intended for human consumption that contain synthetic
5 dyes to have a certain warning on the products'
6 packaging; providing penalties; providing for the
7 deposit of penalty proceeds; requiring the Department
8 of Agriculture and Consumer Services to conduct
9 certain inspections; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 500.181, Florida Statutes, is created
14 to read:
15 500.181 Food additives.—
16 (1)(a) Effective July 1, 2026, an article used for food or
17 drink for human consumption containing any synthetic color
18 additive, including Blue 1 (CAS 3844-45-9), Blue 2 (CAS 860-22-
19 0), Green 3 (CAS 2353-45-9), Red 40 (CAS 25956-17-6), Yellow 5
20 (CAS 1934-21-0), Yellow 6 (CAS 2783-94-0), and, when used as a
21 color additive, titanium dioxide (CAS 13463-67-7), must display
22 the following warning:
23
24 "WARNING: This product contains synthetic colors, which may have
25 an adverse effect on activity and attention in children."
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb641-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 641 2025
26 (b) A manufacturer may, until December 31, 2028, use an
27 adhesive sticker to provide the warning requirements in
28 paragraph (a). However, beginning January 1, 2029, such warnings
29 must be printed directly on the product's packaging.
30 (2)(a) A manufacturer who violates subsection (1) is
31 subject to a formal written notice and a fine of:
32 1. Up to $1,000 per item, for a first offense.
33 2. Up to $2,500 per item, for a second offense.
34 3. Up to $5,000 per item, for a third or subsequent
35 offense.
36 (b) A retailer or distributor who sells a product that
37 violates subsection (1) is subject to the following penalties:
38 1. A written warning for a first offense.
39 2. A formal citation requiring corrective action for a
40 second offense.
41 3. A fine of $750 for a third offense.
42 4. A fine of $1,000 for a fourth offense.
43 5. A fine of up to $2,500 for a fifth or subsequent
44 offense.
45 (c) Fines collected pursuant to this section shall be
46 deposited in the department's General Inspection Trust Fund.
47 (3) The department shall conduct inspections under this
48 section as part of regular food and drink product inspections.
49 Section 2. This act shall take effect upon becoming a law.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb641-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 641 by Rep. Tendrich
Food Additives
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Tendrich (lines 2 and 15):
• Revises the title of the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 641 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Tendrich offered the following:
4
5 Amendment (with directory and title amendments)
6 -----------------------------------------------------
7 D I R E C T O R Y A M E N D M E N T
8 Remove line 15 and insert:
9 500.81 Color additives.-
10
11 -----------------------------------------------------
12 T I T L E A M E N D M E N T
13 Remove line 2 and insert:
14 An act relating to color additives; creating s.
399211 - h0641-line2.docx
Published On: 3/11/2025 1:49:25 PM
Page 1 of 1
HB 683
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 683 COMPANION BILL: SB 712 (Grall)
TITLE: Construction Regulations LINKED BILLS: None
SPONSOR(S): Griffitts RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill prohibits local governments from prohibiting property owners from installing synthetic turf on their
property. The bill requires local governments to approve or deny change orders from their contractors within 30
days. The bill prohibits the state and political subdivisions from penalizing large volume construction bidders or
rewarding small volume bidders. The bill prohibits local building departments from requiring ancillary
documentation in order to apply or receive a building permit.
Fiscal or Economic Impact:
Requiring local governments to process change orders within 30 days may lead to a decrease in construction time.
Prohibiting local governments from requiring ancillary documentation between building permit applicants and
their respective clients as a condition to apply or obtain a building permit may have a positive impact by preventing
certain proprietary information from becoming public.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits local governments from adopting or enforcing any ordinance, resolution, order, rule, or policy
that prohibits, or is used to prohibit, a property owner from installing synthetic turf on his or her land. (Section
1)
The bill also prohibits a local government from adopting or enforcing any ordinance, resolution, order, rule, or
policy that regulates synthetic turf installed in single-family residential areas that are one (1) acre or less in size.
(Section 1)
The bill defines “synthetic turf” to mean “a manufactured product that resembles natural grass and is used as a
surface for landscaping and recreational areas.” (Section 1)
The bill authorizes the Department of Environmental Protection to adopt rules to implement the prohibitions on
local government synthetic turf regulations. (Section 1)
Prompt Payment for Local Governments
The bill provides that if a local government entity receives a price quote for a change order from its contractor,
which meets all statutory and contractual requirements, the local government must provide written notice to the
contractor approving or denying the price quote within 30 days. (Section 2)
STORAGE NAME: h0683.IPA
DATE: 3/10/2025
1
If a local government denies the price quote, the written notice must specify the alleged deficiencies in the quote
and list the actions necessary to remedy the deficiencies. If a local government fails to provide such information in
the written denial notice then it is liable to the contractor for any additional labor, staffing, materials, supplies,
equipment, and overhead associated with the change order. (Section 2)
A contract between a local government and a contractor may not alter these provisions. (Section 2)
Public Works Projects
The bill provides that the state or any political subdivision, which contracts for public works, may not penalize a
bidder for performing a larger volume of construction work for the state or political subdivision, or reward a
bidder for performing a smaller volume of construction work for the state or political subdivision.
(Section 3)
Building Permits
The bill provides that a local enforcement agency may not require a contract, or any other ancillary documentation
between a permit applicant and their client, including, but not limited to, letters of intent. (Section 4)
The bill provides an effective date of July 1, 2025 (Section 5)
RULEMAKING:
This bill authorizes the Department of Environmental Protection to adopt rules to implement the prohibitions on
local government regulations of synthetic turf.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Synthetic Turf
Synthetic turf, also known as “artificial grass” is a surface that closely replicates the look and feel of natural grass.
Synthetic turf is a type of landscaping that eliminates the potentially unpredictable growth of natural grass. 1
Current law prohibits homeowners’ associations from restricting property owners or their tenants from installing,
displaying, or storing synthetic turf that is not visible from the parcel’s frontage or an adjacent parcel. 2 However,
there is no law restricting local governments from regulating synthetic turf.
Home Rule Authority
The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law. 3 Counties operating
under a county charter have all powers of self-government not inconsistent with general law or special law
1 Kevin Sullivan, Artificial Turf 101: A Comprehensive Guide to Synthetic Grass, Turf Network Directory & Information Hub
https://turfnetwork.org/artificial-turf-101/ (last visited March 8, 2025).
2 S. 720.3045, F.S.
3 Art. VIII, s. 1(f), Fla. Const.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
approved by the vote of the electors. 4 Municipalities have governmental, corporate, and proprietary powers that
enable them to conduct municipal government, perform municipal functions and provide municipal services, and
exercise any power for municipal purposes except when expressly prohibited by law. 5
Preemption
Preemption refers to principle that a federal or state statute can supersede or supplant state or local law that
stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law. 6
Where state preemption applies, a local government may not exercise authority in that area. 7 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void. 8
Prompt Payment Act for Local Governments
Chapter 218, part VII, F.S., is known as the “Local Government Prompt Payment Act” (“Act”). The purpose of the Act
is to provide for prompt payments by local governments, apply interest on late payments made by local
governments, and establish a dispute resolution process for contested payments. 9
The Act defines “local government entity,” as a county or municipal government, school board, school district,
authority, special taxing district, other political subdivision, or any office, board, bureau, commission, department,
branch, division, or institution thereof. 10
Current law provides that when a local government entity enters into a contract for construction services 11 with a
contractor, 12 the local government entity must identify the agent, 13 employee, facility, or office who is to receive
the contractor’s payment request or invoices. 14 Every local government entity must establish procedures so that
every payment request or invoice received by the local government entity is marked as received on the date on
which it is delivered to an agent or employee of the local government entity, or a facility or office of the local
governmental entity. 15
When a contractor submits a payment request or invoice, the local government entity must make the payment
within:16
• 25 business days after the date on which the payment request or invoice is stamped, if an agent must
approve the invoice before it is submitted to the entity for payment; or
• 20 business days after the date the payment request or invoice is stamped, if an agent is not required to
approve the invoice.
4 Art. VIII, s. 1(g), Fla. Const.
5 Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
6 Preemption Definition, Black’s Law Dictionary (12th ed. 2024).
7 D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
8 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
9 S. 218.71, F.S.
10 S. 218.72(5), F.S.
11 “Construction services” is defined as all labor, services, and materials provided in connection with the construction,
alteration, repair, demolition, reconstruction, or other improvements to real property. S. 218.72(2), F.S.
12 “Contractor” means the person who ntity to provide construction services.” S. 218.72(3), F.S.
13 “Agent” means the project architect, project engineer, or other agency or person acting on behalf of the local governmental
entity. S. 218.72(1), F.S.
14 S. 218.735(1), F.S.
15 S. 218.74(1), F.S.
16 S. 218.735(1), F.S.
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3
Change Order
A “change order” is amendment to a construction contract that change’s the contractor’s scope of work. Most
change orders modify the work required by the contract or adjust the amount of time the contractor has to
complete the work, or both. 17
Public Works Projects
A “public works project” is an activity that is paid for with any local or state-appropriated funds and that consists
of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer,
storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution
system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any
political subdivision. 18
The term does not include the provision of goods, services, or work incidental to the public works project, such as
the provision of security services, janitorial services, landscaping services, maintenance services, transportation
services, or other services that do not require a construction contracting license or involve supplying or carrying
construction materials for a public works project. 19
A “political subdivision” is a separate agency or unit of local government created or established by law or
ordinance and the officers thereof. 20
This includes, but is not limited to, a county a city, town, or other municipality; or a department, commission,
authority, school district, taxing district, water management district, board, public corporation, institution of
higher education, or other public agency or body thereof authorized to expend public funds for construction,
maintenance, repair, or improvement of public works. 21
Except as required by federal or state law, the state or any political subdivision that contracts for a public works
project may not:22
• Prevent a licensed contractor, subcontractor, or material supplier or carrier, from participating in the
bidding process based on the geographic location of the company headquarters or offices of the contractor,
subcontractor, or material supplier or carrier submitting a bid on a public works project or the residences
of employees of such contractor, subcontractor, or material supplier or carrier;
• Require a contractor, subcontractor, or material supplier or carrier engaged in the project to:
o Pay employees a predetermined amount of wages or prescribe any wage rate;
o Provide employees a specified type, amount, or rate of employee benefits;
o Control, limit, or expand staffing; or
o Recruit, train, or hire employees from a designated, restricted, or single source.
• Prohibit any contractor, subcontractor, or material supplier or carrier from receiving information about
public works opportunities or submitting a bid on the project if such individual is able to perform the work
described and is qualified and licensed as required by state law, unless that vendor has been placed on the
state’s convicted vendor or discriminatory vendor lists.
17 Luke J. Farley, Sr., Construction 101: The Basics of Change Orders, American Bar Association (October 8, 2018)
https://www.americanbar.org/groups/construction_industry/publications/under_construction/2018/fall/construction-101/
(last visited March 8, 2025).
18 S. 255.0992(1), F.S.
19 Id.
20 Id.
21 Id.
22 S. 255.0992(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 23
Every local government must enforce the Florida Building Code and issue building permits. 24
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 25 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 26
A local enforcement agency may not require a contract between an owner and a contractor as a condition to apply
for or obtain a building permit for construction work. If the permit is for work on a commercial property then a
local enforcement agency may not require a contract between the contractor and their subcontractors or material
suppliers. 27
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
23 S. 553.72, F.S.
24 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
25 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
26 Ss. 125.56(4)(a) and 553.79(1), F.S.
27 S. 553.79(1)(f), and 713.135(6), F.S.
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 683 2025
1 A bill to be entitled
2 An act relating to construction regulations; creating
3 s. 125.572, F.S.; defining the term "synthetic turf";
4 prohibiting local governments from adopting or
5 enforcing any ordinance, resolution, order, rule, or
6 policy that prohibits, or is enforced to prohibit,
7 property owners from installing synthetic turf on
8 their land; prohibiting local governments from
9 adopting or enforcing any ordinance, resolution,
10 order, rule, or policy that regulates synthetic turf
11 installed in specified single-family residential
12 areas; authorizing the Department of Environmental
13 Protection to adopt rules; creating s. 218.755, F.S.;
14 requiring local governmental entities to approve or
15 deny certain price quotes and provide notice to
16 contractors within a specified timeframe; requiring
17 denials to specify alleged deficiencies and actions
18 necessary to remedy such deficiencies; providing that
19 a local governmental entity that fails to provide such
20 information with a denial is liable to the contractor
21 for specified overhead; prohibiting contracts from
22 altering specified duties of a local governmental
23 entity; amending s. 255.0992, F.S.; prohibiting the
24 state or political subdivisions that contract for
25 public works projects from penalizing or rewarding
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26 bidders for performing larger or smaller volumes of
27 construction work, respectively, for the state or
28 political subdivisions; amending s. 553.79, F.S.;
29 prohibiting local enforcement agencies from requiring
30 ancillary documentation between permit applicants and
31 their clients for issuing building permits or as a
32 requirement for submitting building permit
33 applications; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 125.572, Florida Statutes, is created
38 to read:
39 125.572 Regulation of synthetic turf.—
40 (1) As used in this section, the term "synthetic turf"
41 means a manufactured product that resembles natural grass and is
42 used as a surface for landscaping and recreational areas.
43 (2) A local government may not adopt or enforce any
44 ordinance, resolution, order, rule, or policy that prohibits, or
45 is enforced so as to prohibit, a property owner from installing
46 synthetic turf on his or her land.
47 (3) A local government may not adopt or enforce any
48 ordinance, resolution, order, rule, or policy that regulates
49 synthetic turf installed in single-family residential areas 1
50 acre or less in size.
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51 (4) The Department of Environmental Protection may adopt
52 rules to implement this section.
53 Section 2. Section 218.755, Florida Statutes, is created
54 to read:
55 218.755 Prompt processing of change orders.—Beginning on
56 or after July 1, 2025, if a local governmental entity receives
57 from its contractor a price quote for a change order issued by
58 the local governmental entity, and the price quote conforms to
59 all statutory requirements and contractual requirements for the
60 project, the local governmental entity must approve or deny the
61 price quote and send written notice of that decision to the
62 contractor within 30 days. Any denial notice must specify the
63 alleged deficiencies in the price quote and the actions
64 necessary to remedy those deficiencies. If the local
65 governmental entity fails to provide such information on a
66 denial notice, it is liable to the contractor for all additional
67 labor, staffing, materials, supplies, equipment, and overhead
68 associated with the change order. A contract between a local
69 governmental entity and a contractor may not alter the local
70 governmental entity's duties under this section.
71 Section 3. Paragraph (d) is added to subsection (2) of
72 section 255.0992, Florida Statutes, to read:
73 255.0992 Public works projects; prohibited governmental
74 actions.—
75 (2) Except as required by federal or state law, the state
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76 or any political subdivision that contracts for a public works
77 project may not take the following actions:
78 (d) Penalize a bidder for performing a larger volume of
79 construction work for the state or political subdivision or
80 reward a bidder for performing a smaller volume of construction
81 work for the state or political subdivision.
82 Section 4. Paragraph (f) of subsection (1) of section
83 553.79, Florida Statutes, is amended to read:
84 553.79 Permits; applications; issuance; inspections.—
85 (1)
86 (f) A local enforcing agency government may not require a
87 contract, or any other ancillary documentation, including, but
88 not limited to, letters of intent, between a permit applicant
89 and its client builder and an owner for the issuance of a
90 building permit or as a requirement for the submission of a
91 building permit application.
92 Section 5. This act shall take effect July 1, 2025.
93
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hb683-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 683 by Rep. Griffitts
Construction Regulation
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Griffitts (line 86):
• Clarifies the language that local governments may not require building applicants to
submit ancillary documentation between an owner and builder in order to receive a
permit by replacing it with the language that local governments may not require building
applicants to submit copies of contracts between builders and owners or associated
documents, including material cost lists, labor costs, or overhead or profit
statements, in order to receive a building permit
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 683 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Griffitts offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 86-91 and insert:
7 (f) A local government may not require a contract between
8 a builder and an owner, any copies of such contract, or any
9 associated documents, including, but not limited to, letters of
10 intent, material cost lists, labor costs, or overhead or profit
11 statements, for the issuance of a building permit or as a
12 requirement for the submission of a building permit application.
13
14 -----------------------------------------------------
15 T I T L E A M E N D M E N T
16 Remove lines 29-33 and insert:
437467 - h0683-line86.docx
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 683 (2025)
Amendment No. 1
17 prohibiting local governments from requiring copies of
18 specified documents for the issuance of a building
19 permit; providing an effective date.
437467 - h0683-line86.docx
Published On: 3/11/2025 4:50:12 PM
Page 2 of 2
HB 715
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 715 COMPANION BILL: SB 1076 (McClain)
TITLE: Roofing Services LINKED BILLS: None
SPONSOR(S): Porras RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill expands the scope of work for licensed roofing contractors. The bill narrows the time-period that a
residential property may cancel a roofing contract entered into because of a state of emergency.
Fiscal or Economic Impact:
The bill may have a positive economic impact by increasing the number of licensed contractors who can evaluate
and enhance certain roof-to-wall connections. Narrowing the time-period that a residential property may cancel a
roofing contract without penalty or obligation may have a negative economic impact by leading to additional
litigation.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for licensed roofing contractors to include evaluation and enhancement of
roof-to-wall connections for structures with wood roof decking as described in Section 706 of the Florida
Building Code. Any enhancement must be:
• Done in conjunction with a roof covering replacement or repair; and
• Installed and inspected in accordance with the:
o Office of Insurance Regulation (“OIR”) uniform mitigation verification inspection form;
o Florida Building Code; or
o project specific engineering that exceeds the requirements of the Florida Building Code or OIR
inspection form. (Section 1)
The bill also limits the time period that a residential property owner may cancel a contract, which was entered into
because of an event causing a state of emergency, to replace or repair a roof without penalty or obligation.
Currently a residential property owner may cancel such a contract without penalty or obligation within the earlier
of 10 days after entering the contract or by the official start date. (Section 9)
The bill provides that in addition to the current law requirements, a residential property owner may only cancel
the contract without penalty or obligation if they cancel within 30 days of an event causing a state of emergency,
not including any subsequent extensions of the state of emergency for the same event. (Section 9)
The bill reduces the font size of the notice in a roofing contract that states a residential property may cancel a
roofing contract entered into because of an event causing a state of emergency without penalty or obligation within
a certain time-period. The bill reduces the font size from 18 points to 14 points. (Section 9)
The bill provides an effective date of upon becoming law. (Section 10)
STORAGE NAME: h0715.IPA
DATE: 3/10/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Roofing Contractors
Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S. 1
A roofing contractor’s scope of work specifically includes services that are unlimited in the roofing trade and who
has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, and use materials and
items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and
coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the
roof.
A roofing contractor’s scope of work also includes skylights, required roof-deck attachments, repair or
replacement of wood roof sheathing or fascia as needed during roof repair or replacement, and any related work.
A roofing contractor’s scope of work does not include evaluating or enhancing roof-to-wall connections.
Florida Building Code
The Florida Building Codes Act (“Building Code”), provides a mechanism for the uniform adoption, updating,
interpretation, and enforcement of a single state building code that must be applied, administered, and enforced
uniformly and consistently across the state. The Building Code is adopted by the Building Commission and
enforced by local governments. 2
The Building Code sets minimum standards for the design, construction, erection, alteration, modification, repair,
and demolition of structures in the state. Section 706 of the Building Code (Existing Building) provides methods for
recovering or replacing an existing roof covering. 3
A roof covering is the most visual part of the roofing system and makes up the majority of waterproofing and
protection. The most popular roof covering is shingles; however, there are other types including, but not limited to,
metal roofing and wood shakes. 4
Roof decking or “sheathing” is the layer of material that sits underneath the shingles and serves as the foundation
of the roof. Roof decking can be made of different types of materials such as wood or metal. 5
Uniform Mitigation Verification Inspection Form
A uniform mitigation form is a form developed by OIR that insurers provide to residential property insurance
policyholders that notifies them of any discounts, credits, or deductibles that are available for certain fixtures or
construction techniques that reduce the amount of loss in a windstorm. 6
1 S. 489.105(3), F.S.
2 Ss. 125.56, 553.72, 553.73, and 553.74, F.S.
3 S. 553.72, F.S.; Section 706 of the Florida Building Code (Existing Building).
4 RoofCorp of Metro Denver, Inc., What is Roof Covering, https://roofingexperts.com/roof-covering/ (last visited March 8,
2025).
5 Hook Agency, Roof Decking (When It Should Be Replaced, Types & More), Indy Roof & Restoration
https://indyroofandrestoration.com/roof-decking/ (last visited March 8, 2025).
6 S. 627.711, F.S.
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2
Roof-to-wall connections
The roof-to-wall connection is the structural linkage between a building’s roof and its walls. They are a critical
aspect of wind mitigation and sometimes referred to as “hurricane straps.” 7 Below are examples of different types
of hurricane straps. 8
SI GL RAP SIMPSON Strong-Tie•
SOWC Truss/Rafter-to-Top Plate
lnstallatJon - Cross Section
CLIP DOUBLE WRAP
Canceling Roofing Contracts
Current law allows a residential property owner to cancel a contract to replace or repair a roof without penalty or
obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, as
long as the contract was entered into because of events that caused a declaration of a state of emergency by the
Governor. 9
A contractor that enters into a contract to replace or repair the roof of a residential property during a declared
state of emergency must include specific language in the contract that notifies the residential property owner that
they may cancel the contract without penalty or obligation 10
7 Megan Hall, Roof-to-wall Connectors: What are they and how they affect your Wind Mitigation Verification Form, True Home
Inspections, April 11, 2023
https://www.truehomeinspects.com/blog/2023/3/15/kmwu3p5vzbf1eym9ezrd42farrb7r8#:~:text=They%20are%20desig
ned%20to%20transfer%20the%20uplift%20forces,roof%20pitch%20and%20the%20spacing%20of%20the%20trusses.
(last visited March 8, 2025); Howard Meeks, Types of Roof Wall connections, Ocoee Home Inspections,
https://ocoeehomeinspections.com/types-of-roof-to-wall-connections/ (last visited March 8, 2024).
8 Id.
9 S. 489.147(6), F.S. The “official start date” is the date on which work that includes the installation of materials that will be
included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or
roof has been made in compliance with the Florida Building Code.
10 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The language must be in bold type of not less than 18 points.11
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Commerce Committee
11 Id.
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 715 2025
1 A bill to be entitled
2 An act relating to roofing services; amending s.
3 489.105, F.S.; revising the definition of the term
4 "roofing contractor"; reenacting ss. 489.107(4)(b),
5 489.113(2), 489.117(1)(a), (2)(a) and (b), and (4)(a),
6 489.118(1), 489.126(1), 489.131(10) and (11), and
7 877.02(2), F.S.; relating to the Construction Industry
8 Licensing Board, qualifications for practice and
9 restrictions, registration and specialty contractors,
10 certification of registered contractors and
11 grandfathering provisions, moneys received by
12 contractors, applicability, and solicitation of legal
13 services or retainers therefor and penalty,
14 respectively, to incorporate the amendment made to s.
15 489.105, F.S., in references thereto; amending s.
16 489.147, F.S.; providing applicability; revising the
17 official start date that a residential property owner
18 may cancel a contract to replace or repair a roof
19 without penalty or obligation; revising the language
20 required to be in a contract, or attached thereto, to
21 replace or repair a roof that is executed within a
22 specified time of a declaration of a state of
23 emergency; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Paragraph (e) of subsection (3) of section
28 489.105, Florida Statutes, is amended to read:
29 489.105 Definitions.—As used in this part:
30 (3) "Contractor" means the person who is qualified for,
31 and is only responsible for, the project contracted for and
32 means, except as exempted in this part, the person who, for
33 compensation, undertakes to, submits a bid to, or does himself
34 or herself or by others construct, repair, alter, remodel, add
35 to, demolish, subtract from, or improve any building or
36 structure, including related improvements to real estate, for
37 others or for resale to others; and whose job scope is
38 substantially similar to the job scope described in one of the
39 paragraphs of this subsection. For the purposes of regulation
40 under this part, the term "demolish" applies only to demolition
41 of steel tanks more than 50 feet in height; towers more than 50
42 feet in height; other structures more than 50 feet in height;
43 and all buildings or residences. Contractors are subdivided into
44 two divisions, Division I, consisting of those contractors
45 defined in paragraphs (a)-(c), and Division II, consisting of
46 those contractors defined in paragraphs (d)-(q):
47 (e) "Roofing contractor" means a contractor whose services
48 are unlimited in the roofing trade and who has the experience,
49 knowledge, and skill to install, maintain, repair, alter,
50 extend, or design, if not prohibited by law, and use materials
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51 and items used in the installation, maintenance, extension, and
52 alteration of all kinds of roofing, waterproofing, and coating,
53 except when coating is not represented to protect, repair,
54 waterproof, stop leaks, or extend the life of the roof. The
55 scope of work of a roofing contractor also includes all of the
56 following and any related work: skylights; and any related work,
57 required roof-deck attachments;, and any repair or replacement
58 of wood roof sheathing or fascia as needed during roof repair or
59 replacement; and the evaluation and enhancement of roof-to-wall
60 connections for structures with wood roof decking as described
61 in Section 706 of the Florida Building Code, provided that any
62 enhancement, which was properly installed and inspected in
63 accordance with the Office of Insurance Regulation uniform
64 mitigation verification inspection form, the Florida Building
65 Code, or project specific engineering that exceeds these
66 requirements, is done in conjunction with a roof covering
67 replacement or repair and any related work.
68 Section 2. For the purpose of incorporating the amendment
69 made by this act to section 489.105, Florida Statutes, in a
70 reference thereto, paragraph (b) of subsection (4) of section
71 489.107, Florida Statutes, is reenacted to read:
72 489.107 Construction Industry Licensing Board.—
73 (4) The board shall be divided into two divisions,
74 Division I and Division II.
75 (b) Division II is comprised of the roofing contractor,
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76 sheet metal contractor, air-conditioning contractor, mechanical
77 contractor, pool contractor, plumbing contractor, and
78 underground utility and excavation contractor members of the
79 board; one of the members appointed pursuant to paragraph
80 (2)(j); and one of the members appointed pursuant to paragraph
81 (2)(k). Division II has jurisdiction over the regulation of
82 contractors defined in s. 489.105(3)(d)-(p).
83 Section 3. For the purpose of incorporating the amendment
84 made by this act to section 489.105, Florida Statutes, in a
85 reference thereto, subsection (2) of section 489.113, Florida
86 Statutes, is reenacted to read:
87 489.113 Qualifications for practice; restrictions.—
88 (2) A person must be certified or registered in order to
89 engage in the business of contracting in this state. However,
90 for purposes of complying with the provisions of this chapter, a
91 subcontractor who is not certified or registered may perform
92 construction work under the supervision of a person who is
93 certified or registered, provided that the work is within the
94 scope of the supervising contractor's license, the supervising
95 contractor is responsible for the work, and the subcontractor
96 being supervised is not engaged in construction work that would
97 require a license as a contractor under any of the categories
98 listed in s. 489.105(3)(d)-(o). This subsection does not affect
99 the application of any local construction licensing ordinances.
100 To enforce this subsection:
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101 (a) The department shall issue a cease and desist order to
102 prohibit any person from engaging in the business of contracting
103 who does not hold the required certification or registration for
104 the work being performed under this part. For the purpose of
105 enforcing a cease and desist order, the department may file a
106 proceeding in the name of the state seeking issuance of an
107 injunction or a writ of mandamus against any person who violates
108 any provision of such order.
109 (b) A county, municipality, or local licensing board
110 created by special act may issue a cease and desist order to
111 prohibit any person from engaging in the business of contracting
112 who does not hold the required certification or registration for
113 the work being performed under this part.
114 Section 4. For the purpose of incorporating the amendment
115 made by this act to section 489.105, Florida Statutes, in
116 references thereto, paragraph (a) of subsection (1), paragraphs
117 (a) and (b) of subsection (2), and paragraph (a) of subsection
118 (4) of section 489.117, Florida Statutes, are reenacted to read:
119 489.117 Registration; specialty contractors.—
120 (1)(a) A person engaged in the business of a contractor as
121 defined in s. 489.105(3)(a)-(o) must be registered before
122 engaging in business as a contractor in this state, unless he or
123 she is certified. Except as provided in paragraph (2)(b), to be
124 initially registered, the applicant must submit the required fee
125 and file evidence of successful compliance with the local
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126 examination and licensing requirements, if any, in the area for
127 which registration is desired. An examination is not required
128 for registration.
129 (2)(a) Except as provided in paragraph (b), the board may
130 not issue a new registration after July 1, 1993, based on any
131 certificate of competency or license for a category of
132 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
133 municipal or county government that does not exercise
134 disciplinary control and oversight over such locally licensed
135 contractors, including forwarding a recommended order in each
136 action to the board as provided in s. 489.131(7). For purposes
137 of this subsection and s. 489.131(10), the board shall determine
138 the adequacy of such disciplinary control by reviewing the local
139 government's ability to process and investigate complaints and
140 to take disciplinary action against locally licensed
141 contractors.
142 (b) The board shall issue a registration to an eligible
143 applicant to engage in the business of a contractor in a
144 specified local jurisdiction, provided each of the following
145 conditions are satisfied:
146 1. The applicant held, in any local jurisdiction in this
147 state during 2021, 2022, or 2023, a certificate of registration
148 issued by the state or a local license issued by a local
149 jurisdiction to perform work in a category of contractor defined
150 in s. 489.105(3)(a)-(o).
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151 2. The applicant submits all of the following to the
152 board:
153 a. Evidence of the certificate of registration or local
154 license held by the applicant as required by subparagraph 1.
155 b. Evidence that the specified local jurisdiction does not
156 have a license type available for the category of work for which
157 the applicant was issued a certificate of registration or local
158 license during 2021, 2022, or 2023, such as a notification on
159 the website of the local jurisdiction or an e-mail or letter
160 from the office of the local building official or local building
161 department stating that such license type is not available in
162 that local jurisdiction.
163 c. Evidence that the applicant has submitted the required
164 fee.
165 d. Evidence of compliance with the insurance and financial
166 responsibility requirements of s. 489.115(5).
167
168 An examination is not required for an applicant seeking a
169 registration under this paragraph.
170 (4)(a)1. A person whose job scope does not substantially
171 correspond to either the job scope of one of the contractor
172 categories defined in s. 489.105(3)(a)-(o), or the job scope of
173 one of the certified specialty contractor categories established
174 by board rule, is not required to register with the board. A
175 local government, as defined in s. 163.211, may not require a
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176 person to obtain a license, issued by the local government or
177 the state, for a job scope which does not substantially
178 correspond to the job scope of one of the contractor categories
179 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
180 489.1455(1), or the job scope of one of the certified specialty
181 contractor categories established pursuant to s. 489.113(6). A
182 local government may not require a state or local license to
183 obtain a permit for such job scopes. For purposes of this
184 section, job scopes for which a local government may not require
185 a license include, but are not limited to, painting; flooring;
186 cabinetry; interior remodeling when the scope of the project
187 does not include a task for which a state license is required;
188 driveway or tennis court installation; handyman services;
189 decorative stone, tile, marble, granite, or terrazzo
190 installation; plastering; pressure washing; stuccoing; caulking;
191 and canvas awning and ornamental iron installation.
192 2. A county that includes an area designated as an area of
193 critical state concern under s. 380.05 may offer a license for
194 any job scope which requires a contractor license under this
195 part if the county imposed such a licensing requirement before
196 January 1, 2021.
197 3. A local government may continue to offer a license for
198 veneer, including aluminum or vinyl gutters, siding, soffit, or
199 fascia; rooftop painting, coating, and cleaning above three
200 stories in height; or fence installation and erection if the
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201 local government imposed such a licensing requirement before
202 January 1, 2021.
203 4. A local government may not require a license as a
204 prerequisite to submit a bid for public works projects if the
205 work to be performed does not require a license under general
206 law.
207 Section 5. For the purpose of incorporating the amendment
208 made by this act to section 489.105, Florida Statutes, in a
209 reference thereto, subsection (1) of section 489.118, Florida
210 Statutes, is reenacted to read:
211 489.118 Certification of registered contractors;
212 grandfathering provisions.—The board shall, upon receipt of a
213 completed application and appropriate fee, issue a certificate
214 in the appropriate category to any contractor registered under
215 this part who makes application to the board and can show that
216 he or she meets each of the following requirements:
217 (1) Currently holds a valid registered local license in
218 one of the contractor categories defined in s. 489.105(3)(a)-
219 (p).
220 Section 6. For the purpose of incorporating the amendment
221 made by this act to section 489.105, Florida Statutes, in a
222 reference thereto, subsection (1) of section 489.126, Florida
223 Statutes, is reenacted to read:
224 489.126 Moneys received by contractors.—
225 (1) For purposes of this section, the term "contractor"
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226 includes all definitions as set forth in s. 489.105(3), and any
227 person performing or contracting or promising to perform work
228 described therein, without regard to the licensure of the
229 person.
230 Section 7. For the purpose of incorporating the amendment
231 made by this act to section 489.105, Florida Statutes, in
232 references thereto, subsections (10) and (11) of section
233 489.131, Florida Statutes, are reenacted to read:
234 489.131 Applicability.—
235 (10) No municipal or county government may issue any
236 certificate of competency or license for any contractor defined
237 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
238 government exercises disciplinary control and oversight over
239 such locally licensed contractors, including forwarding a
240 recommended order in each action to the board as provided in
241 subsection (7). Each local board that licenses and disciplines
242 contractors must have at least two consumer representatives on
243 that board. If the board has seven or more members, at least
244 three of those members must be consumer representatives. The
245 consumer representative may be any resident of the local
246 jurisdiction who is not, and has never been, a member or
247 practitioner of a profession regulated by the board or a member
248 of any closely related profession.
249 (11) Any municipal or county government which enters or
250 has in place a reciprocal agreement which accepts a certificate
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251 of competency or license issued by another municipal or county
252 government in lieu of its own certificate of competency or
253 license allowing contractors defined in s. 489.105(3)(a)-(o),
254 shall file a certified copy of such agreement with the board not
255 later than 60 days after July 1, 1993, or 30 days after the
256 effective date of such agreement.
257 Section 8. For the purpose of incorporating the amendment
258 made by this act to section 489.105, Florida Statutes, in a
259 reference thereto, subsection (2) of section 877.02, Florida
260 Statutes, is reenacted to read:
261 877.02 Solicitation of legal services or retainers
262 therefor; penalty.—
263 (2) It shall be unlawful for any person in the employ of
264 or in any capacity attached to any hospital, sanitarium, police
265 department, wrecker service or garage, prison or court, for a
266 person authorized to furnish bail bonds, investigators,
267 photographers, insurance or public adjusters, or for a general
268 or other contractor as defined in s. 489.105 or other business
269 providing sinkhole remediation services, to communicate directly
270 or indirectly with any attorney or person acting on said
271 attorney's behalf for the purpose of aiding, assisting, or
272 abetting such attorney in the solicitation of legal business or
273 the procurement through solicitation of a retainer, written or
274 oral, or any agreement authorizing the attorney to perform or
275 render legal services.
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276 Section 9. Paragraphs (a) and (b) of subsection (6) of
277 section 489.147, Florida Statutes, are amended to read:
278 489.147 Prohibited property insurance practices; contract
279 requirements.—
280 (6)(a) A residential property owner may cancel a contract
281 to replace or repair a roof without penalty or obligation within
282 10 days after the execution of the contract or by the official
283 start date, whichever comes first, if the contract was entered
284 into within 30 days of based on events that are the subject of a
285 declaration of a state of emergency by the Governor. This
286 subsection does not apply to any subsequent extension of a state
287 of emergency for the same event. For the purposes of this
288 subsection, the official start date is the date on which work
289 that includes the installation of materials that will be
290 included in the final work on the roof commences, a final permit
291 has been issued, or a temporary repair to the roof covering or
292 roof has been made in compliance with the Florida Building Code.
293 (b) A contractor executing a contract during a declaration
294 of a state of emergency to replace or repair a roof of a
295 residential property must include or add as an attachment to the
296 contract the following language, in bold type of not less than
297 14 points 18 points, immediately before the space reserved for
298 the signature of the residential property owner:
299
300 "You, the residential property owner, may cancel this contract
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301 without penalty or obligation within 10 days after the execution
302 of the contract or by the official start date, whichever comes
303 first, because this contract was entered into within 30 days of
304 events resulting in the declaration of during a state of
305 emergency by the Governor. The official start date is the date
306 on which work that includes the installation of materials that
307 will be included in the final work on the roof commences, a
308 final permit has been issued, or a temporary repair to the roof
309 covering or roof system has been made in compliance with the
310 Florida Building Code."
311 Section 10. This act shall take effect upon becoming a
312 law.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 715 by Rep. Porras
Roofing Services
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Porras (line 61):
• Clarifies that “wood decking as described in section 706 of the Florida Building Code” is
referring to section 706 of the Existing Building provision of the Building Code.
Amendment 2 by Rep. Porras (line 284):
• Extends the period that a resident may cancel a roofing contract without penalty to within
180 days of an event causing a state of emergency instead of 30 days.
• Clarifies that the option to cancel a roofing contract entered into because of a state of
emergency only applies to owner’s whose property is in the geographic area
covered by the state of the emergency.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 715 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Porras offered the following:
4
5 Amendment
6 Remove line 61 and insert:
7 in Section 706 of the Florida Building Code-Existing Building,
8 provided that any
884873 - h0715-line61.docx
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 715 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Porras offered the following:
4
5 Amendment
6 Remove lines 284-305 and insert:
7 into within 180 days of based on events that are the subject of
8 a declaration of a state of emergency by the Governor and the
9 residential property is located within the geographic area for
10 which the declaration of the state of emergency applies. For the
11 purposes of this subsection, the official start date is the date
12 on which work that includes the installation of materials that
13 will be included in the final work on the roof commences, a
14 final permit has been issued, or a temporary repair to the roof
15 covering or roof has been made in compliance with the Florida
16 Building Code.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 715 (2025)
Amendment No. 2
17 (b) A contractor executing a contract during a declaration
18 of a state of emergency to replace or repair a roof of a
19 residential property must include or add as an attachment to the
20 contract the following language, in bold type of not less than
21 14 points 18 points, immediately before the space reserved for
22 the signature of the residential property owner:
23
24 "You, the residential property owner, may cancel this contract
25 without penalty or obligation within 10 days after the execution
26 of the contract or by the official start date, whichever comes
27 first, because this contract was entered into within 180 days of
28 events resulting in the declaration of during a state of
29 emergency by the Governor. The official start date is the date
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HB 729
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 729 COMPANION BILL: SB 652 (Bradley)
TITLE: Veterinary Professional Associates LINKED BILLS: None
SPONSOR(S): Melo RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill creates a new category of veterinary professional known as a “veterinary professional associate.” The bill
defines the qualifications necessary for individuals to use this title. The bill allows such individuals to perform
certain duties while under the supervision of a veterinarian and practice veterinary medicine on a limited basis.
The bill makes supervising veterinarians liable for veterinary professional associates acting under their
supervision.
The effective date of the bill is July 1, 2025.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a new category of veterinary professional called a “veterinary professional associate,” and allows
such individuals to work under the supervision of a licensed veterinarian and practice veterinary medicine on a
limited basis, as follows:
• Names the act, the "Veterinary Workforce Innovation Act." (Section 1)
• Provides the following legislative findings: (Section 2)
o “The practice of educated, trained, and experienced veterinary professional associates will increase
consumers' access to high-quality veterinary medical services, at a reasonable cost to consumers,
while also increasing the efficiency of the practice of veterinary medicine in this state.”
• Defines the following terms: (Section 2)
o "Approved program" means a master's program in veterinary clinical care, or the equivalent, from a
school of veterinary medicine in the United States or in its territories or possessions.
o "Veterinary professional associate" means a person who has earned a master's degree from an
approved program 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 and passed a national competency examination. (Section 2)
• Allows, unless otherwise prohibited by federal or state law, a veterinary professional associate to perform
duties or actions of veterinary medicine, in which he or she possesses the competence, necessary training,
current knowledge, and experience to perform the assigned duties. (Section 2)
STORAGE NAME: h0729.IPA
DATE: 3/10/2025
1
• Allows a veterinary professional associate to perform only the duties assigned to him or her while under
the responsible supervision of a licensed veterinarian, except when immediate supervision is required.
(Section 2)
• Prohibits veterinary professional associates from: (Section 2)
o Unless otherwise authorized by state or federal law, prescribing medicinal drugs, prescription
drugs, or controlled substances.
o Performing surgery, except for veterinary sterilizations or surgical procedures that do not enter a
body cavity.
o Performing surgical procedures unless under the immediate supervision of a licensed veterinarian.
• Makes licensed veterinarians who assign duties or actions to a veterinary professional associate liable for
any act or omission of the veterinary professional associate acting under the licensed veterinarian's
supervision. (Section 2)
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have in indeterminate positive economic impact on the private sector. The bill will
allow a new class of midlevel practitioners in veterinary medicine. This may lead to additional jobs, and cost
savings related to improved veterinary care.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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 Florida 2 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;
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.”
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2
• 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;
• 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 methods of treatment or techniques to diagnose or
treat 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
According to the most recent figures, there are approximately 13,600 licensed veterinarians in Florida. 14
6 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical
setting to allow practical experience with patients. See also https://www.merriam-
webster.com/dictionary/preceptor#medicalDictionary (last visited March 9, 2025).
7 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed
doctor of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
8 Ss. 474.203(1)-(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.
9 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions,
foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches,
graduate doctors of veterinary medicine, or persons under the direct supervision thereof ....”
10 See s. 474.203, F.S.
11 S. 474.215(1), F.S.
12 S. 474.216, F.S.
13 S. 474.2185, F.S.
14 Department of Business and Professional Regulation, Veterinary Medicine – Board Information,
https://www2.myfloridalicense.com/veterinary-medicine/board-
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3
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.
Veterinary tasks that may be performed without the licensed veterinarian on the premises, include: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.
Responsible Supervision
Responsible supervision means “the control, direction, and regulation by a licensed doctor of veterinary medicine
of the duties involving veterinary services which she or he delegates to unlicensed personnel.” 18
Veterinarian Shortage
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. 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. 19
According to the American Veterinary Medical Association (AVMA), a midlevel practitioner may not be the best
option to address this shortage, but instead recommend that more effort “should be spent on resources, tools, and
programs designed to retain veterinarians and credentialed veterinary technicians.” 20
A study conducted by the National Library of Medicine found a veterinary professional health care provider,
similar to the human medical profession's physician assistant, could help address the veterinary shortage, and that
such individuals, modeled after physician assistants, 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. 21
A recent study conducted by Michigan State University’s Department of Agricultural, Food, and Resource
Economics found that the “veterinary medical profession is facing a capacity crisis, struggling to meet the growing
demand for services. Introducing a new mid-level provider role, the Veterinary Professional Associate (VPA), could
bridge the gap between veterinarians and technicians, potentially helping to alleviate this issue.” The study also
information/#:~:text=The%20Board%20of%20Veterinary%20Medicine,Chapter%2061G18%2C%20Florida%20Administrat
ive%20Code. (last visited March 9, 2025).
15 S. 474.202(5), F.S.
16 R. 61G18-17.005, F.A.C.
17 Id.
18 S. 474.202(10), F.S.
19 Dana Zimmel, Florida needs more veterinarians | Column, Tampa Bay Times (March 9, 2025),
https://www.tampabay.com/opinion/2022/01/03/florida-needs-more-veterinarians-column/ (last visited March 9, 2025).
20 American Veterinary Medical Association, AVMA News, Idea of midlevel practitioner rejected in favor of better 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 March 9, 2025).
21 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
March 9, 2025).
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4
found that “with this as a foundation, structured educational and credentialing programs can be developed around
the broad base of competencies and knowledge necessary for consistent, predictable success as a VPA. Further, the
study found that “regulatory environments and potential restraints notwithstanding, perhaps one of the biggest
hurdles to the successful implementation of a midlevel provider in veterinary medicine will be the inherent
hesitation or reluctance of veterinarians to delegate clinical responsibilities.” 22
Human Physician Assistants
According to the Mayo Clinic, physician assistants 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, physician assistants 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 physician assistant 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.” 23
In Florida, physician assistants are licensed medical professionals that are authorized to perform services
delegated by a supervising physician. 24 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 2023-2024, there were 11,890 actively licensed PAs
in the state, and 1,339 initial PA licenses were issued by the Florida Department of Health. 25
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 849 Killebrew, Buchanan Bradley Became law on July 1, 2024.
OTHER RESOURCES:
Department of Business and Professional Regulation: Veterinary Medicine Board Information
The USDA Veterinary Medicine Loan Repayment Program Veterinary Services Shortage Situations Map
22 James W. Lloyd, Donna L. Harris, David M. Smith, The Veterinary Professional Associate Financial Model: General Practice,
(July 2024), https://ideas.repec.org/p/ags/midasp/347403.html (last visited March 9, 2025).
23 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 March 9, 2025).
24 Ss. 458.347(2)(e) and 459.022(2)(e).
25 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2023-
2024, https://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/2024.10.28.FY23-24AR-FINAL.pdf
(last visited March 9, 2025).
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5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 729 2025
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
7 veterinary professional associates to perform certain
8 duties only while under the responsible supervision of
9 a licensed veterinarian; prohibiting such associates
10 from prescribing certain drugs or controlled
11 substances or performing certain surgical procedures;
12 providing exceptions; providing that supervising
13 veterinarians are liable for the acts or omissions of
14 veterinary professional associates under their
15 supervision; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as the "Veterinary
20 Workforce Innovation Act."
21 Section 2. Section 474.2126, Florida Statutes, is created
22 to read:
23 474.2126 Veterinary professional associate.—
24 (1) The Legislature finds that the practice of educated,
25 trained, and experienced veterinary professional associates will
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26 increase consumers' access to high-quality veterinary medical
27 services, at a reasonable cost to consumers, while also
28 increasing the efficiency of the practice of veterinary medicine
29 in this state.
30 (2) As used in this section, the term:
31 (a) "Approved program" means a master's program in
32 veterinary clinical care, or the equivalent, from a school of
33 veterinary medicine in the United States or in its territories
34 or possessions.
35 (b) "Veterinary professional associate" means a person who
36 has earned a master's degree from an approved program and is
37 authorized to perform veterinary medical services delegated by a
38 supervising veterinarian.
39 (3) The title "veterinary professional associate" may be
40 used only by an individual who has successfully completed an
41 approved program and passed a national competency examination.
42 (4) Unless otherwise prohibited by federal or state law, a
43 veterinary professional associate may perform duties or actions,
44 including duties or actions in s. 474.202(9) and (13), in which
45 he or she possesses the competence, necessary training, current
46 knowledge, and experience to perform the assigned duties. The
47 veterinary professional associate may perform only the duties
48 assigned to him or her while under the responsible supervision,
49 as defined in s. 474.202, of a licensed veterinarian, except
50 when immediate supervision is required as provided in paragraph
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hb729-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 729 2025
51 (5)(b).
52 (5) A veterinary professional associate may not do either
53 of the following:
54 (a) Unless otherwise authorized by state or federal law,
55 prescribe medicinal drugs or drugs as defined in s. 465.003(15)
56 or a controlled substance listed in chapter 893.
57 (b) Perform a surgical procedure, except for veterinary
58 sterilizations or surgical procedures that do not enter a body
59 cavity. Surgical procedures must be performed under immediate
60 supervision, as defined in s. 474.202, of a licensed
61 veterinarian.
62 (6) A licensed veterinarian who assigns duties or actions
63 to a veterinary professional associate is liable for any act or
64 omission of the veterinary professional associate acting under
65 the licensed veterinarian's supervision.
66 Section 3. This act shall take effect July 1, 2025.
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hb729-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 729 by Rep. Melo
Veterinary Professional Associates
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Rep. Melo (lines 52-61):
• Specifies education requirements.
• Clarifies surgical procedure requirements.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 729 (2025)
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: Industries & Professional
2 Activities Subcommittee
3 Representative Melo offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 52-61 and insert:
7 (5) To ensure competency in clinical practice, all
8 candidates for the veterinary professional associate designation
9 must complete a minimum of 100 hours of in-person clinical
10 skills training, focusing on fundamental hands-on procedures,
11 patient handling, diagnostic techniques, and treatment protocols
12 under direct supervision. Additionally, candidates must complete
13 a minimum of 200 hours of clinical rotations in approved
14 veterinary settings. These rotations must provide practical
15 experience in real-world veterinary care environments, allowing
16 candidates to develop proficiency in case management, client
020023 - h0729-lines52-61.docx
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 729 (2025)
Amendment No. 1
17 communication, and interdisciplinary collaboration. Compliance
18 with these requirements shall be verified through documented
19 assessments conducted by licensed veterinary professionals.
20 (6) A veterinary professional associate may not do either
21 of the following:
22 (a) Unless otherwise authorized by state or federal law,
23 prescribe medicinal drugs or drugs as defined in s. 465.003(15)
24 or a controlled substance listed in chapter 893.
25 (b) Perform surgical procedures that enter a body cavity,
26 except for veterinary sterilizations. Such surgical procedures
27 must be performed under immediate supervision, as defined in s.
28 474.202, of a licensed veterinarian.
29
30 -----------------------------------------------------
31 T I T L E A M E N D M E N T
32 Remove line 9 and insert:
33 a licensed veterinarian; specifying education
34 requirements; prohibiting such associates
020023 - h0729-lines52-61.docx
Published On: 3/11/2025 1:43:56 PM
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