Industries & Professional Activities Subcommittee, Wednesday, March 19, 2025
Summary
The meeting packet of the Florida House of Representatives Commerce Committee Industries & Professional Activities Subcommittee, headed Wednesday, March 19, 2025, 1:00 PM - 4:00 PM, while the agenda page prints Wednesday, March 12, 2025. The agenda lists bills including HB 311 Repair of Motorized Wheelchairs, HB 717 Unlawful Demolition of Historical Buildings and Structures and HB 1161 Removal of Altered Sexual Depictions Posted Without Consent, and proposed committee substitutes including PCS for HB 743 Social Media Use by Minors and PCS for HB 1219 Employment Agreements. The analysis of HB 311 states that the bill creates the Motorized Right to Repair Act, with an effective date of July 1, 2025.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Industries & Professional Activities
Subcommittee
Wednesday, March 19, 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 311 Repair of Motorized Wheelchairs by Eskamani
• HB 717 Unlawful Demolition of Historical Buildings and Structures by Greco
• HB 799 Special Alcoholic Beverage Licenses Issued to Residential Condominiums by
LaMarca
• HB 869 Underground Utility and Excavation Contractors by Sapp
• HB 1035 Building Permits for Single-family Dwellings by Esposito
• HB 1071 Alternative Plans Reviews and Inspections by Benarroch
• HB 1161 Removal of Altered Sexual Depictions Posted Without Consent by Duggan
• HB 4031 City of Oviedo, Seminole County by Plasencia
• CS/HB 4053 Duval County by Intergovernmental Affairs Subcommittee, Duggan
V. Consideration of the following proposed committee substitute(s):
• PCS for HB 743 -- Social Media Use by Minors
• PCS for HB 801 -- Air-Conditioning and Mechanical Contractors
• PCS for HB 981 -- Athlete Representation and Compensation
• PCS for HB 1219 -- Employment Agreements
VI. Closing Remarks
VII. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 311
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 311 COMPANION BILL: SB 412 (Smith)
TITLE: Repair of Motorized Wheelchairs LINKED BILLS: None
SPONSOR(S): Eskamani RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill creates the Motorized Right to Repair Act that requires original equipment manufacturers of motorized
wheelchairs sold or used in this state to provide documents, tools, and parts necessary to repair motorized
wheelchairs to third party repair providers and owners of motorized wheelchairs.
Fiscal or Economic Impact:
None
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ANALYSIS
EFFECT OF THE BILL:
The bill creates the Motorized Right to Repair Act (Act) that requires original equipment manufacturers of
motorized wheelchairs sold or used in this state to provide documents, tools, and parts necessary to repair
motorized wheelchairs to third party repair providers and owners of motorized wheelchairs. The Act applies to
motorized wheelchairs sold or in use on or after July 1, 2025. (Sections 2, 4, and 7)
Original equipment manufacturers must make documents and tools available at fair and reasonable terms, which
means at either no cost or at the actual cost of preparing and sending the document or tool. Parts must also be
provided at fair and reasonable terms that are equivalent to the most favorable costs and terms under which an
original equipment manufacturer provides the part to an authorized repair provider. (Section 3)
For any equipment that contains an electronic security lock or security-related function, the original equipment
manufacturer must:
Make certain items and information available to owners and independent repair providers.
Provide, on fair and reasonable terms, any special documentation, tools, and parts needed to access and
reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the
motorized wheelchair. The documentation, tools, and parts may be made available through appropriate
secure release systems. (Section 4)
The Act does not require an original equipment manufacturer to disclose a trade secret to an owner or
independent service provider and does not alter the terms of an arrangement between the original equipment
manufacturer and an authorized repair provider. (Section 6)
A violation of the Motorized Right to Repair Act is punishable under the Florida Deceptive and Unfair Trade
Practices Act. However, an original equipment manufacturer is not liable for any damage or injury caused to a
motorized wheelchair by an independent repair provider or owner during the course of repair, diagnosis, or
maintenance. (Sections 5 and 6)
STORAGE NAME: h0311.IPA
DATE: 3/17/2025
1
The bill provides an effective date of July 1, 2025. (Section 8)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Millions of Americans rely on wheelchairs due to impaired mobility.1 As of 2014, about 21% of adults in the U.S.
have difficulty or are unable to walk a quarter mile.2 The use of mobility devices like wheelchairs provides
independence to users who may otherwise have difficulty with physical functioning.3
Wheelchair repairs impact over 50% of wheelchair users and often result in individuals stranded at home or
missing a medical appointment.4 One survey of wheelchair users found that a result of wheelchair breakdown, out-
of-pocket repair costs ranged from $50-$620.5
To address the costs and delays associated with repairs, right to repair laws allow consumers to repair their own
products instead of using the original equipment manufacturer for service. In general, right to repair laws include
the tools, parts, software or instructions original equipment manufacturers must provide to independent repairers
and owners.6
The Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce.7 The FDUTPA is based on federal law.8
For example, Florida has determined that the following acts or practices are unfair or deceptive:
Imposing unconscionable prices for the rental or lease of any dwelling unit or self-storage facility during a
period of declared state of emergency;9
Failing to abide by storage requirements for personal information and notice requirements for data
breaches of such information;10 and
Failing to abide by requirements for weight-loss programs.11
The state attorney or the Department of Legal Affairs (DLA) may bring FDUTPA actions, if it serves the public
interest, on behalf of consumers or governmental entities.12 The Office of the State Attorney (SAO) may enforce
1 Danielle M. Taylor, U.S. DEPT. OF COM., Americans With Disabilities: 2014, available at
https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf (last visited March 13, 2025)
(citing more than 5.5 million wheelchair users).
2 Id. at 7.
3 Lynn Worobey, et al., Increases in Wheelchair Breakdowns, Repairs, and Adverse Consequences for People with Traumatic
Spinal Cord Injury, 91:6 AM. J. OF PHYSICAL MED. AND REHAB. 463 (2012), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC4886332/ (last visited March 13, 2025).
4 Id.
5 Lisa I. Iezzoni, HARV. HEALTH PUBL’G, Millions rely on wheelchairs for mobility, but repair delays are hurting users, available at
https://www.health.harvard.edu/blog/millions-rely-on-wheelchairs-for-mobility-but-repair-delays-are-hurting-users-
202207212785 (last visited March 13, 2025).
6 Right to Repair 2023 Legislation, National Conference of State Legislatures, November 1, 2023,
https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation (last visited March 13, 2025).
7
Chapter 73-124, L.O.F., and s. 501.202, F.S., F.S.
8
D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV. 1083
(Summer 2011).
9
S. 501.160, F.S.
10
S. 501.171, F.S.
11
S. 501.0579, F.S.
12
S. 501.207, F.S.(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state
attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the
violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within
a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage;
State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential
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2
FDUTPA violations occurring in its jurisdiction. DLA has enforcement authority if the violation is multi-
jurisdictional, the state attorney defers in writing, or the state attorney fails to act within 90 days after a written
complaint is filed.13 Consumers may also file suit through private actions.14
DLA and the SAO have powers to investigate FDUTPA claims, which include:15
Administering oaths and affirmations;
Subpoenaing witnesses or matter; and
Collecting evidence.
DLA and the SAO, as enforcing authorities, may seek the following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.16
Other States
Currently, it appears that seven states have passed right to repair laws. These states include California, Colorado,
Maine, Massachusetts, Minnesota, New York, and Oregon. These laws focus on the digital equipment industry,
motor vehicles, and the agricultural and construction industry.17 The Colorado law addresses original equipment
manufacturers of agricultural equipment or a powered wheelchair.18 New York has introduced a bill that would
require manufacturers to make available certain documentation, parts, embedded software, firmware, or tools
necessary for repairing wheelchair equipment.19
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
for deterrence of anticompetitive conduct in Florida),
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on March 13, 2025).
13
S. 501.203(2), F.S.
14
S. 501.211, F.S.
15
S. 501.206(1), F.S.
16
S. 501.207, F.S.(1), 501.208, F.S., and 501.2075, F.S. Civil Penalties are deposited into the General Revenue fund. Enforcing
authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
17 Statista, How Many States Have Right to Repair Laws?, https://www.statista.com/chart/32855/us-states-with-at-least-one-
bill-regulating-right-to-repair-own-products/ (last visited Mar. 17, 2025).
18 Colorado General Assembly, Consumer Right to Repair Digital Electronic Equipment, https://leg.colorado.gov/bills/hb24-
1121 (last visited Mar. 17, 2025).
19 New York Senate Bill S4500.
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3
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 311 2025
1 A bill to be entitled
2 An act relating to repair of motorized wheelchairs;
3 providing a directive to the Division of Law Revision;
4 creating s. 559.971, F.S.; providing a short title;
5 creating s. 559.972, F.S.; providing definitions;
6 creating s. 559.973, F.S.; requiring an original
7 equipment manufacturer to make available any
8 documentation, parts, and tools, required for the
9 diagnosis, maintenance, or repair of a motorized
10 wheelchair and parts for the motorized wheelchair;
11 requiring an original equipment manufacturer of a
12 motorized wheelchair with an electronic security lock
13 to make available any special documentation, parts,
14 and tools, needed to access and reset the lock when
15 disabled in the course of diagnosis, maintenance, or
16 repair of the motorized wheelchair; creating s.
17 559.974, F.S.; providing that violation of the act is
18 an unlawful practice under the Florida Deceptive and
19 Unfair Trade Practices Act; creating s. 559.975, F.S.;
20 providing that an original equipment manufacturer is
21 not required to divulge trade secrets; providing that
22 nothing in the act alters the terms of an arrangement
23 between an authorized repair provider and an original
24 equipment manufacturer; providing an exception;
25 limiting the liability of an original equipment
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HB 311 2025
26 manufacturer or authorized repair provider in certain
27 circumstances; creating s. 559.976, F.S.; providing
28 applicability; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Part XIV of chapter 559, Florida Statutes,
33 consisting of ss. 559.971-559.976, is created and entitled
34 "Repair of Motorized Wheelchairs."
35 Section 2. Section 559.971, Florida Statutes, is created
36 to read:
37 559.971 Short title.-This part may be cited as the
38 "Motorized Wheelchair Right to Repair Act."
39 Section 3. Section 559.972, Florida Statutes, is created
40 to read:
41 559.972 Definitions.-As used in this part, the term:
42 (1) "Authorized repair provider" means an individual or a
43 business that has an arrangement with the original equipment
44 manufacturer under which the original equipment manufacturer
45 grants to the individual or business a license to use a trade
46 name, service mark, or other proprietary identifier for the
47 purposes of offering the services of diagnosis, maintenance, or
48 repair of a motorized wheelchair under the name of the original
49 equipment manufacturer, or other arrangement with the original
50 equipment manufacturer to offer such services on behalf of the
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HB 311 2025
51 original equipment manufacturer. An original equipment
52 manufacturer that offers the services of diagnosis, maintenance,
53 or repair of its own motorized wheelchair, and that does not
54 have an arrangement with an unaffiliated individual or business,
55 must be considered an authorized repair provider with respect to
56 motorized wheelchairs.
57 (2) "Documentation" means any manual, diagram, reporting
58 output, service code description, schematic diagram, security
59 codes, passwords, or other guidance or information used in
60 effecting the services of diagnosis, maintenance, or repair of a
61 motorized wheelchair.
62 (3) "Fair and reasonable terms" means making available
63 parts, tools, or documentation as follows:
64 (a) Documentation made available by the original equipment
65 manufacturer at no charge, except that, when a physical copy is
66 requested, a charge may be included for the reasonable actual
67 costs of preparing and sending the copy.
68 (b) Tools made available by the original equipment
69 manufacturer at no charge and without requiring authorization or
70 Internet access for use or operation of the tools; without
71 imposing impediments to access or use the tools to diagnose,
72 maintain, or repair and enable full functionality of digital
73 electronic equipment; and not in a manner that impairs the
74 efficient and cost-effective performance of any such diagnosis,
75 maintenance, or repair, except that, when the tool is requested
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76 in physical form, a charge may be included for the reasonable,
77 actual costs of preparing and sending the tool.
78 (c) Parts made available by the original equipment
79 manufacturer, either directly or through an authorized repair
80 provider, to independent repair providers and owners at costs
81 and terms that are equivalent to the most favorable costs and
82 terms under which an original equipment manufacturer offers the
83 parts to an authorized repair provider and that:
84 1. Accounts for any discount, rebate, convenient and
85 timely means of delivery, means of enabling fully restored and
86 updated functionality, rights of use, or other incentive and
87 preference the original manufacturer offers to an authorized
88 repair provider; or any additional cost or impediment the
89 original equipment manufacturer imposes on an owner or
90 independent repair provider.
91 2. Is not conditioned upon or does not impose a
92 substantial obligation or restriction that is not reasonably
93 necessary for enabling the owner or independent repair provider
94 to engage in the diagnosis, maintenance, or repair of equipment
95 made by or on behalf of the original equipment manufacturer.
96 3. Is not conditioned upon an arrangement with the
97 original equipment manufacturer.
98 (4) "Independent repair provider" means an individual or
99 business operating in this state which is unaffiliated with an
100 original equipment manufacturer that is engaged in the services
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101 of diagnosis, maintenance, or repair of motorized wheelchairs.
102 (5) "Original equipment manufacturer" means a business
103 engaged in selling, leasing, or supplying new motorized
104 wheelchairs manufactured by, or on behalf of, the business to
105 any individual or business.
106 (6) "Owner" means an individual or business that owns or
107 leases a motorized wheelchair purchased or used in this state.
108 (7) "Part" means any replacement part, either new or used,
109 made available by an original equipment manufacturer for
110 purposes of effecting the services of maintenance or repair of a
111 motorized wheelchair manufactured by or on behalf of, sold, or
112 otherwise supplied by the original equipment manufacturer.
113 (8) "Tools" means any software, hardware, or other
114 apparatus used for the diagnosis, maintenance, or repair of a
115 motorized wheelchair, including software or other mechanisms
116 that program a new part, calibrate functionality, or perform any
117 other function required to return the wheelchair to fully
118 functional condition, including any updates.
119 (9) "Trade secret" has the same meaning as in s. 688.002.
120 Section 4. Section 559.973, Florida Statutes, is created
121 to read:
122 559.973 Requirements.-
123 (1) For motorized wheelchairs and parts for motorized
124 wheelchairs that are sold or used in this state, an original
125 equipment manufacturer must make available to any independent
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126 repair provider and owner by, on behalf of, or sold by such
127 original equipment manufacturer, on fair and reasonable terms,
128 any documentation, parts, and tools, required for the diagnosis,
129 maintenance, or repair of such a motorized wheelchair and parts
130 for the motorized wheelchair, inclusive of any updates to
131 information. The documentation parts and tools must be made
132 available either directly by the original equipment manufacturer
133 or via an authorized repair provider.
134 (2) For equipment that contains an electronic security
135 lock or other security-related function, the original equipment
136 manufacturer must make available to an owner and independent
137 repair provider, on fair and reasonable terms, any special
138 documentation, tools, and parts needed to access and reset the
139 lock or function when disabled in the course of diagnosis,
140 maintenance, or repair of the motorized wheelchair. The
141 documentation, tools, and parts may be made available through
142 appropriate secure release systems.
143 Section 5. Section 559.974, Florida Statutes, is created
144 to read:
145 559.974 Enforcement.-A violation of this part is
146 punishable under the Florida Deceptive and Unfair Trade
147 Practices Act.
148 Section 6. Section 559.975, Florida Statutes, is created
149 to read:
150 559.975 Limitations.-
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151 (1) This part does not require an original equipment
152 manufacturer to divulge a trade secret to an owner or
153 independent service provider.
154 (2) This part does not alter the terms of an arrangement
155 between an authorized repair provider and an original equipment
156 manufacturer, including, but not limited to, the performance or
157 provision of warranty or recall repair work by an authorized
158 repair provider on behalf of an original equipment manufacturer
159 and pursuant to such arrangement. However, any provision in the
160 terms that waives, avoids, restricts, or limits the original
161 equipment manufacturer's obligations to comply with this part is
162 void.
163 (3) An original equipment manufacturer or authorized
164 repair provider is not liable for any damage or injury caused to
165 a motorized wheelchair by an independent repair provider or
166 owner that occurs during the course of repair, diagnosis, or
167 maintenance.
168 Section 7. Section 559.976, Florida Statutes, is created
169 to read:
170 559.976 Applicability.-This part applies with respect to
171 motorized wheelchairs sold or in use on or after July 1, 2025.
172 Section 8. This act shall take effect July 1, 2025.
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hb311-00
HB 717
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 717 COMPANION BILL: SB 582 (Leek)
TITLE: Unlawful Demolition of Historical Buildings and LINKED BILLS: None
Structures RELATED BILLS: None
SPONSOR(S): Greco
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
15 Y, 0 N Activities
SUMMARY
Effect of the Bill:
The bill authorizes code enforcement boards or special magistrates to impose an enhanced fine for the knowing
and willful demolition of a structure individually listed on the National Register of Historic Places or is a
contributing resource to a National Register-listed district. The enhanced fine may not exceed 20 percent of the fair
market value of the property, as determined by the property appraiser.
Fiscal or Economic Impact:
The bill may increase local government revenues to the extent additional fines are collected for code enforcement
violations.
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ANALYSIS
EFFECT OF THE BILL:
The bill authorizes code enforcement boards or special magistrates to impose an enhanced fine for the demolition
of a structure individually listed on the National Register of Historic Places or that is a contributing resource to a
National Register-listed district. A code enforcement board or special magistrate must make specific findings based
on competent, substantial evidence that the demolition of the historic structure was knowing and willful, not
permitted, and was not the result of a natural disaster. The enhanced fine may not exceed 20 percent of the fair
market value of the property before the demolition of the structure, as determined by the property appraiser.
(Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may increase local government revenues to the extent additional fines are collected for code enforcement
violations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
County and Municipal Code Enforcement
Code enforcement is a function of local government intended to enhance the economy and quality of life of counties
and municipalities by protecting the health, safety, and welfare of the community.1 Four areas of Florida law create
1 S. 162.02, F.S.
STORAGE NAME: h0717b.IPA
DATE: 3/17/2025
1
mechanisms counties and municipalities may utilize for code and ordinance enforcement.2 Under each mechanism,
a local government designates code inspectors or code enforcement officers, tasked with investigating potential
code violations, providing notice of violations, and issuing citations for noncompliance. Code inspectors and
enforcement officers do not possess police powers. These statutes provide permissible code enforcement
mechanisms that may be used by local governments in any combination they choose.3
The Local Government Code Enforcement Boards Act4 allows each county and municipality to create local
government code enforcement boards by ordinance.5 A code enforcement board is an administrative board
composed of members appointed by the governing body of a county or municipality6 with the authority to hold
hearings and impose administrative fines and other non-criminal penalties for violations of the jurisdiction’s codes
or ordinances.7 A code enforcement board may adopt rules for the conduct of its hearings; subpoena alleged
violators, witnesses, and evidence to its hearings; take testimony under oath; and issue orders having the force of
law necessary to bring a violation into compliance. 8 Each code enforcement board has seven members, except that
a county or municipality with fewer than 5,000 residents may elect to appoint a board of five members. The local
governing body may appoint up to two alternate members for each code enforcement board to serve on the board
in the absence of board members.
Members of the code enforcement board must be residents of the county or municipality creating the board.9
Members must include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a
realtor, if possible.
Code enforcement proceedings are initiated by code inspectors.10 The process begins with a code inspector
notifying the alleged violator of the specific violation. The violator is granted a reasonable period to correct the
violation.11 If the violation is not corrected within the period specified in the notice, the code inspector informs the
enforcement board and requests a hearing. The code enforcement board schedules the hearing and must provide
written notice, by certified mail or personal service, to the alleged violator.12 A period for corrective action is not
required if the violation is a repeat violation; presents a serious threat to public health, safety, and welfare; or is
irreparable or irreversible in nature.13
In each matter heard before a code enforcement board, the case is presented and testimony is taken from both the
code inspector and alleged violator.14 At the conclusion of the hearing, the board issues findings of fact and
provides an order stating the relief granted.15 The board may include a notice that repairs must be completed by a
specified date and fine the violator for each day the order has not been complied with after the completion date or
2 Ch. 125, Part II, F.S. (county self-government), ch. 162, Part I, F.S. (Local Government Code Enforcement Boards Act), ch. 162
Part II (supplemental procedures for county or municipal code or ordinance enforcement procedures), and s. 166.0415, F.S.
(city ordinance enforcement).
3 See ss. 125.69(4)(i), 162.13, 162.21(8), and 166.0415(7), F.S.
4 Ch. 162, Part I, F.S.
5 S. 162.05(1), F.S.
6 Id.
7 S. 162.03, F.S.
8 S. 162.08, F.S.
9 S.162.05(2), F.S.
10 S. 162.06(1)(a), F.S. A “code inspector” is “any authorized agent or employee of the county or municipality whose duty it is
to assure code compliance.” S. 164.04(2), F.S.
11 S. 162.06(2), F.S.
12 Ss. 162.06(2) and 162.12(1), F.S. The code enforcement board may also provide additional notice by publication in a
newspaper of general circulation in the county or posting on the property where the alleged violation occurred and on the
front door of the courthouse or main county governmental center (for a county) or primary municipal government office (for a
municipality). Ss. 162.06(2), 162.12(2), F.S.
13 S. 162.06(3) and (4), F.S.
14 S. 162.07(2) and (3), F.S.
15 S. 162.07(4), F.S.
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each day that a repeat violation occurs.16 All final administrative orders of the code enforcement board may be
appealed to the circuit court within 30 days of the execution of the order.17
As an alternative to a code enforcement board, counties and municipalities may adopt a code enforcement system
giving code enforcement officials or special magistrates the authority to hold hearings and assess fines against
violators of the local government’s codes or ordinances.18 Each of these methods may be used at the local
government’s discretion, but a local government may choose any method to enforce codes and ordinances.19
Administrative Fines for Code Enforcement Violations
A code enforcement board may, upon notification by the code inspector that repairs have not been completed by a
specified date or upon finding that repeat violations have occurred, order violators to pay a fine for each day of the
continued violation.20 If the violation presents a serious threat to the public health, safety, and welfare, the code
enforcement board must notify the local governing body, which may make all reasonable repairs to bring the
property in compliance and charge the violator the reasonable cost of those repairs in addition to the fine imposed.
If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in
nature, it may order the violator to pay a fine.
Administrative fines may not exceed $250 per day for a first violation and may not exceed $500 per day for a
repeat violation.21 If the board finds the violation is irreparable or irreversible in nature, the board may impose a
fine of up to $5,000. When determining the amount of the fine, the board may consider the following factors:
The gravity of the violation.
Any actions taken by the violator to correct the violation.
Any previous violations committed by the violator.22
A code enforcement board may choose to reduce the amount of the fine initially imposed.23
A county or municipality with a population of 50,000 or greater may adopt, by a majority vote plus one of the
entire governing body, an ordinance that allows code enforcement boards or special magistrates to impose fines in
excess of the above limits.24 The ordinance may provide for fines of up to $1,000 per day per violation for a first
violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code
enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition
to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs
incurred by the local government in enforcing its codes and all costs of repairs. Any ordinance imposing such fines
must include criteria to be considered by the code enforcement board or special magistrate in determining the
amount of the fines.
A certified copy of an order imposing a fine, including any repair costs incurred by the local government, may be
recorded in the public records and constitutes a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator. Upon petition to the circuit court, the order is enforceable in
the same manner as a court judgment, including execution and levy against the personal property of the violator,
but such order cannot be deemed to be a court judgment except for enforcement purposes. A lien arising from such
16 S. 162.09(1), F.S.
17 S. 162.11, F.S.
18 S. 162.03, F.S.
19 The Attorney General has opined, “once a municipality has adopted the procedures of ch. 162, F.S., to enforce its municipal
codes and ordinances, it may not alter or amend those statutorily prescribed procedures but must utilize them as they are set
forth in the statutes.” Op. Att’y Gen. 2000-53 (2000). A local government may, however, maintain a ch. 162, F.S., code
enforcement board and still decide to enforce a particular violation by bringing a charge in county court, or any other means
provided by law. Goodman v. County Court in Broward County, Fla. 711 So.2d 587 (Fla. 4th DCA 1998).
20 S.162.09(1), F.S.
21 S.162.09(2)(a), F.S.
22 S.162.09(2)(b), F.S.
23 S.162.09(2)(c), F.S.
24 S.162.09(2)(d), F.S.
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3
a fine runs in favor of the local governing body, and the local governing body may execute a satisfaction or release
of lien entered.25
National Register of Historic Places
The National Register of Historic Places is an official list of sites and properties throughout the country that reflect
the prehistoric occupation and historical development of our nation, states, and local communities. More than
1,700 properties and districts in Florida are listed on the National Register.26 Nominations for properties in Florida
are submitted to the National Park Service through the Division of Historical Resources within the Department of
State following review and recommendation by the Florida National Register Review Board. Listing in the National
Register does not, in itself, impose any obligation on the property owner, or restrict the owner's basic right to use
and dispose of the property as he or she sees fit, but does encourage the preservation of significant historic
resources.
Demolition Permits
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building
without first obtaining a building permit from the local government or from such persons as may, by resolution or
regulation, be directed to issue such permit, upon the payment of reasonable fees as set forth in a schedule of fees
adopted by the enforcing agency.27
A local law, ordinance, or regulation may not prohibit or otherwise restrict the ability of a private property owner
to obtain a building permit to demolish his or her single-family residential structure provided that:
Such structure is located in a coastal high-hazard area, moderate flood zone, or special flood hazard area
according to a Flood Insurance Rate Map issued by the Federal Emergency Management Agency for the
purpose of participating in the National Flood Insurance Program.
The lowest finished floor elevation of such structure is at or below base flood elevation as established by
the Building Code or a higher base flood elevation as may be required by local ordinance, whichever is
higher.
Such permit complies with all applicable Building Code, Fire Prevention Code, and local amendments to
such codes.28
However, a local law, ordinance, or regulation may restrict demolition permits for a:
Structure designated on the National Register of Historic Places;
Privately owned single-family residential structure designated historic by a local, state, or federal
governmental agency on or before January 1, 2022; or
Privately owned single-family residential structure designated historic after January 1, 2022, by a local,
state, or federal governmental agency with the consent of its owner.29
25 S.162.09(3), F.S.
26 Florida Department of State, Florida Division of Historical Resources, National Register of Historic Places (last visited March
4, 2025).
27 S. 553.79(1), F.S.
28 S. 553.79(25)(a), F.S.
29 S. 553.79(25)(d), F.S.
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4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 15 Y, 0 N 3/12/2025 Darden Burgess
Subcommittee
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs 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 717 2025
1 A bill to be entitled
2 An act relating to unlawful demolition of historical
3 buildings and structures; amending s. 162.09, F.S.;
4 authorizing a code enforcement board or special
5 magistrate to impose a fine that exceeds certain
6 limits for the unlawful demolition of certain
7 historical buildings or structures under certain
8 circumstances; providing that such fine may not exceed
9 a certain percentage of just market valuation;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (e) is added to subsection (2) of
15 section 162.09, Florida Statutes, to read:
16 162.09 Administrative fines; costs of repair; liens.—
17 (2)
18 (e) For the demolition of a building or structure that is
19 individually listed in the National Register of Historic Places
20 as defined in s. 267.021 or is a contributing resource to a
21 National Register-listed district, a code enforcement board or
22 special magistrate may impose a fine that exceeds the limits of
23 this subsection if the code enforcement board or special
24 magistrate finds, based on competent substantial evidence, that
25 the demolition of the building or structure was knowing and
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26 willful and was not permitted or the result of a natural
27 disaster. A fine imposed pursuant to this paragraph may not
28 exceed 20 percent of the fair or just market valuation of the
29 property before demolition of the building or structure, as
30 determined by the property appraiser.
31 Section 2. This act shall take effect July 1, 2025.
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HB 799
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 799 COMPANION BILL: SB 1200 (DiCeglie)
TITLE: Special Alcoholic Beverage Licenses Issued to LINKED BILLS: None
Residential Condominiums RELATED BILLS: None
SPONSOR(S): LaMarca
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill creates a special alcoholic beverage license for certain condominiums, which is an exception to the
limitation of the number of licenses permitting vendors to sell liquor or spirits.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on condominiums that qualify for the special license since they will be
able to serve liquor and spirits without having to obtain one of the limited licenses. The bill may have an
indeterminate positive impact on the state from increased revenue from fees associated with the special license.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates an exception to the limitation of the number of licenses permitting vendors to sell liquor or
distilled spirits. (Section 1)
The bill permits the Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) to issue a special alcoholic beverage license to any residential condominium that
meets the following requirements:
Has no fewer than 50 condominium units that are wholly owned or rented to nontransients;
Regularly offers food and beverages to its residents; and
Is licensed as a food service establishment by the Department of Health, Department of Agriculture and
Consumer Services, or DBPR. (Section 1)
The bill provides that the special alcoholic beverage license may only be issued to the entity managing the food and
beverage operations of the condominium and may not be issued to the condominium association. (Section 1)
The bill limits the sales of alcoholic beverages to residents and their guests for on-premises consumption during
the hours when food is sold. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 4)
STORAGE NAME: h0799.IPA
DATE: 3/17/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Alcoholic Beverages
In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors.2 The Division administers and enforces the Beverage Law.3
The Beverage Law defines “alcoholic beverages” as “distilled spirits and all beverages containing one-half of 1
percent or more alcohol by volume.”4
The Beverage Law defines “liquor” and “distilled spirits” to mean that substance known as ethyl alcohol, ethanol, or
spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever
process produced.5
The license and registration classifications used in the Beverage Law include the following:6
“Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same at
wholesale to licensed distributors and to no one else within the state, unless authorized by statute.”
“Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to persons who are
licensed to sell alcoholic beverages.”
“Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic beverages to
licensed manufacturers or licensed distributors, and to no one else in this state.
“Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase or acquire in
any manner for the purpose of resale any alcoholic beverages from any person not licensed as a vendor,
manufacturer, bottler, or distributor under the Beverage Law.”
Quota Licenses and Special Licenses
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to vendors selling malt beverages
or wine. However, statute limits the number of licenses that may be issued to vendors to sell liquor or spirits, to
one license per 7,500 residents per county with a minimum of three licenses per county that has approved the sale
of intoxicating liquors. This license is often referred to as a “quota license,” and allows vendors to sell any alcoholic
beverage regardless of alcoholic content.7
There are several exceptions to the quota license limitation including, but not limited to:8
Food service establishments that:
o have at least 2,000 square feet of service area;
o have 120 physical seats available for patrons;
o are equipped to serve meals to 120 persons at one time; and
o derive at least 51 percent of their gross food and beverage revenue from the sale of food and
nonalcoholic beverages during the first 120-day operating period and the first 12-month operating
period thereafter.
1 S. 561.01(6), F.S., provides that “The Beverage Law” includes chapters 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 Ss. 561.02, and 561.08, F.S.
4 S. 561.01(4), F.S.
5 S. 565.01, F.S.
6 s. 561.14, F.S.
7 Ss. 561.20(1) and 565.02(1), F.S.
8 S. 561.20(2), F.S.
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2
Condominiums that:
o have no fewer than 100 condominium units that are wholly rentable to transients and are licensed
by the Division of Hotels and Restaurants within DBPR; or
o are located in Dade County, have no fewer than 50 condominium units that are wholly rentable to
transients, and are licensed by the Division of Hotels and Restaurants.
A vendor that meets the requirements for one of the exceptions may be issued a special license by the Division
without having to obtain a quota license. A special license allows the vendor to serve any alcoholic beverages
regardless of alcohol content, including liquor and distilled spirits.9
Nontransient
“Nontrasient” means a guest occupying a dwelling unit in a public lodging establishment, such as an apartment
complex or condominium, with the intention that the occupancy will not be temporary. There is a rebuttable
presumption that an occupancy is nontransient when the occupied dwelling unit is the sole residence of the
guest.10
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Commerce Committee
9 S. 561.20(1) and (2), F.S.
10 S. 509.013, F.S.
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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 799 2025
1 A bill to be entitled
2 An act relating to special alcoholic beverage licenses
3 issued to residential condominiums; amending s.
4 561.20, F.S.; excluding certain residential
5 condominiums that sell alcoholic beverages from the
6 limitation of the number of specified licenses issued;
7 requiring licenses to be issued only to the person or
8 corporation that manages the food and beverage
9 operations; prohibiting a licensee from selling
10 certain alcoholic beverages for off-premises
11 consumption; prohibiting a licensee from selling
12 alcoholic beverages after the time for serving or
13 consumption of food has elapsed; amending ss. 316.1936
14 and 565.045, F.S.; conforming cross-references;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (2) of section
20 561.20, Florida Statutes, is amended to read:
21 561.20 Limitation upon number of licenses issued.—
22 (2)(a) The limitation of the number of licenses as
23 provided in this section does not prohibit the issuance of a
24 special license to:
25 1. Any bona fide hotel, motel, or motor court of not fewer
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26 than 80 guest rooms in any county having a population of less
27 than 50,000 residents, and of not fewer than 100 guest rooms in
28 any county having a population of 50,000 residents or greater;
29 or any bona fide hotel or motel located in a historic structure,
30 as defined in s. 561.01(20), with fewer than 100 guest rooms
31 which derives at least 51 percent of its gross revenue from the
32 rental of hotel or motel rooms, which is licensed as a public
33 lodging establishment by the Division of Hotels and Restaurants;
34 provided, however, that a bona fide hotel or motel with no fewer
35 than 10 and no more than 25 guest rooms which is a historic
36 structure, as defined in s. 561.01(20), in a municipality that
37 on the effective date of this act has a population, according to
38 the University of Florida's Bureau of Economic and Business
39 Research Estimates of Population for 1998, of no fewer than
40 25,000 and no more than 35,000 residents and that is within a
41 constitutionally chartered county may be issued a special
42 license. This special license shall allow the sale and
43 consumption of alcoholic beverages only on the licensed premises
44 of the hotel or motel. In addition, the hotel or motel must
45 derive at least 60 percent of its gross revenue from the rental
46 of hotel or motel rooms and the sale of food and nonalcoholic
47 beverages; provided that this subparagraph shall supersede local
48 laws requiring a greater number of hotel rooms;
49 2. Any condominium accommodation of which no fewer than
50 100 condominium units are wholly rentable to transients and
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51 which is licensed under chapter 509, except that the license
52 shall be issued only to the person or corporation that operates
53 the hotel or motel operation and not to the association of
54 condominium owners;
55 3. Any condominium accommodation of which no fewer than 50
56 condominium units are wholly rentable to transients, which is
57 licensed under chapter 509, and which is located in any county
58 having home rule under s. 10 or s. 11, Art. VIII of the State
59 Constitution of 1885, as amended, and incorporated by reference
60 in s. 6(e), Art. VIII of the State Constitution, except that the
61 license shall be issued only to the person or corporation that
62 operates the hotel or motel operation and not to the association
63 of condominium owners;
64 4. Any residential condominium of which no fewer than 50
65 condominium units are wholly owned by or rented to nontransients
66 that regularly offers food and beverages amenities to its
67 residents and which is licensed as a food service establishment
68 under chapter 381, chapter 500, or chapter 509; provided that
69 the sale of alcoholic beverages is limited to consumption on the
70 premises only to residents of the condominium and their
71 nonresident guests; except that the license shall be issued only
72 to the person or corporation that manages the food and beverage
73 operations and not to the association of condominium owners. A
74 licensee granted a license under this subparagraph may not sell
75 alcoholic beverages by the package for off-premise consumption
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76 and may not sell alcoholic beverages under such license after
77 the hours of serving or consumption of food have elapsed;
78 5.4. A bona fide food service establishment that has a
79 minimum of 2,000 square feet of service area, is equipped to
80 serve meals to 120 persons at one time, has at least 120
81 physical seats available for patrons to use during operating
82 hours, holds itself out as a restaurant, and derives at least 51
83 percent of its gross food and beverage revenue from the sale of
84 food and nonalcoholic beverages during the first 120-day
85 operating period and the first 12-month operating period
86 thereafter. Subsequent audit timeframes must be based upon the
87 audit percentage established by the most recent audit and
88 conducted on a staggered scale as follows: level 1, 51 percent
89 to 60 percent, every year; level 2, 61 percent to 75 percent,
90 every 2 years; level 3, 76 percent to 90 percent, every 3 years;
91 and level 4, 91 percent to 100 percent, every 4 years. A
92 licensee under this subparagraph may sell or deliver alcoholic
93 beverages in a sealed container for off-premises consumption if
94 the sale or delivery is accompanied by the sale of food within
95 the same order. Such authorized sale or delivery includes wine-
96 based and liquor-based beverages prepared by the licensee or its
97 employee and packaged in a container sealed by the licensee or
98 its employee. This subparagraph may not be construed to
99 authorize public food service establishments licensed under this
100 subparagraph to sell a bottle of distilled spirits sealed by a
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101 manufacturer. Any sale or delivery of malt beverages must comply
102 with the container size, labeling, and filling requirements
103 imposed under s. 563.06. Any delivery of an alcoholic beverage
104 under this subparagraph must comply with s. 561.57. An alcoholic
105 beverage drink prepared by the vendor and sold or delivered for
106 consumption off the premises must be placed in a container
107 securely sealed by the licensee or its employees with an
108 unbroken seal that prevents the beverage from being immediately
109 consumed before removal from the premises. Such alcoholic
110 beverage also must be placed in a bag or other container that is
111 secured in such a manner that it is visibly apparent if the
112 container has been subsequently opened or tampered with, and a
113 dated receipt for the alcoholic beverage and food must be
114 provided by the licensee and attached to the bag or container.
115 If transported in a motor vehicle, an alcoholic beverage that is
116 not in a container sealed by the manufacturer must be placed in
117 a locked compartment, a locked trunk, or the area behind the
118 last upright seat of a motor vehicle. It is a violation of the
119 prohibition in s. 562.11 to allow any person under the age of 21
120 to deliver alcoholic beverages on behalf of a vendor. The vendor
121 or the agent or employee of the vendor must verify the age of
122 the person making the delivery of the alcoholic beverage before
123 allowing any person to take possession of an alcoholic beverage
124 for the purpose of making a delivery on behalf of a vendor under
125 this section. A food service establishment granted a special
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126 license on or after January 1, 1958, pursuant to general or
127 special law may not operate as a package store and may not sell
128 intoxicating beverages under such license after the hours of
129 serving or consumption of food have elapsed. Failure by a
130 licensee to meet the required percentage of food and
131 nonalcoholic beverage gross revenues during the covered
132 operating period shall result in revocation of the license or
133 denial of the pending license application. A licensee whose
134 license is revoked or an applicant whose pending application is
135 denied, or any person required to qualify on the special license
136 application, is ineligible to have any interest in a subsequent
137 application for such a license for a period of 120 days after
138 the date of the final denial or revocation;
139 6.5. Any caterer, deriving at least 51 percent of its
140 gross food and beverage revenue from the sale of food and
141 nonalcoholic beverages at each catered event, licensed by the
142 Division of Hotels and Restaurants under chapter 509. This
143 subparagraph does not apply to a culinary education program, as
144 defined in s. 381.0072(2), which is licensed as a public food
145 service establishment by the Division of Hotels and Restaurants
146 and provides catering services. Notwithstanding any law to the
147 contrary, a licensee under this subparagraph shall sell or serve
148 alcoholic beverages only for consumption on the premises of a
149 catered event at which the licensee is also providing prepared
150 food, and shall prominently display its license at any catered
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151 event at which the caterer is selling or serving alcoholic
152 beverages. A licensee under this subparagraph shall purchase all
153 alcoholic beverages it sells or serves at a catered event from a
154 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
155 under s. 565.02(1) subject to the limitation imposed in
156 subsection (1), as appropriate. A licensee under this
157 subparagraph may not store any alcoholic beverages to be sold or
158 served at a catered event. Any alcoholic beverages purchased by
159 a licensee under this subparagraph for a catered event that are
160 not used at that event must remain with the customer; provided
161 that if the vendor accepts unopened alcoholic beverages, the
162 licensee may return such alcoholic beverages to the vendor for a
163 credit or reimbursement. Regardless of the county or counties in
164 which the licensee operates, a licensee under this subparagraph
165 shall pay the annual state license tax set forth in s.
166 565.02(1)(b). A licensee under this subparagraph must maintain
167 for a period of 3 years all records and receipts for each
168 catered event, including all contracts, customers' names, event
169 locations, event dates, food purchases and sales, alcoholic
170 beverage purchases and sales, nonalcoholic beverage purchases
171 and sales, and any other records required by the department by
172 rule to demonstrate compliance with the requirements of this
173 subparagraph. Notwithstanding any law to the contrary, any
174 vendor licensed under s. 565.02(1) subject to the limitation
175 imposed in subsection (1), may, without any additional licensure
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176 under this subparagraph, serve or sell alcoholic beverages for
177 consumption on the premises of a catered event at which prepared
178 food is provided by a caterer licensed under chapter 509. If a
179 licensee under this subparagraph also possesses any other
180 license under the Beverage Law, the license issued under this
181 subparagraph may not authorize the holder to conduct activities
182 on the premises to which the other license or licenses apply
183 that would otherwise be prohibited by the terms of that license
184 or the Beverage Law. This section does not permit the licensee
185 to conduct activities that are otherwise prohibited by the
186 Beverage Law or local law. The Division of Alcoholic Beverages
187 and Tobacco is hereby authorized to adopt rules to administer
188 the license created in this subparagraph, to include rules
189 governing licensure, recordkeeping, and enforcement. The first
190 $300,000 in fees collected by the division each fiscal year
191 pursuant to this subparagraph shall be deposited in the
192 Department of Children and Families' Operations and Maintenance
193 Trust Fund to be used only for alcohol and drug abuse education,
194 treatment, and prevention programs. The remainder of the fees
195 collected shall be deposited into the Hotel and Restaurant Trust
196 Fund created pursuant to s. 509.072; or
197 7.6. A culinary education program as defined in s.
198 381.0072(2) which is licensed as a public food service
199 establishment by the Division of Hotels and Restaurants.
200 a. This special license shall allow the sale and
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201 consumption of alcoholic beverages on the licensed premises of
202 the culinary education program. The culinary education program
203 shall specify designated areas in the facility where the
204 alcoholic beverages may be consumed at the time of application.
205 Alcoholic beverages sold for consumption on the premises may be
206 consumed only in areas designated under s. 561.01(11) and may
207 not be removed from the designated area. Such license shall be
208 applicable only in and for designated areas used by the culinary
209 education program.
210 b. If the culinary education program provides catering
211 services, this special license shall also allow the sale and
212 consumption of alcoholic beverages on the premises of a catered
213 event at which the licensee is also providing prepared food. A
214 culinary education program that provides catering services is
215 not required to derive at least 51 percent of its gross revenue
216 from the sale of food and nonalcoholic beverages.
217 Notwithstanding any law to the contrary, a licensee that
218 provides catering services under this sub-subparagraph shall
219 prominently display its beverage license at any catered event at
220 which the caterer is selling or serving alcoholic beverages.
221 Regardless of the county or counties in which the licensee
222 operates, a licensee under this sub-subparagraph shall pay the
223 annual state license tax set forth in s. 565.02(1)(b). A
224 licensee under this sub-subparagraph must maintain for a period
225 of 3 years all records required by the department by rule to
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226 demonstrate compliance with the requirements of this sub-
227 subparagraph.
228 c. If a licensee under this subparagraph also possesses
229 any other license under the Beverage Law, the license issued
230 under this subparagraph does not authorize the holder to conduct
231 activities on the premises to which the other license or
232 licenses apply that would otherwise be prohibited by the terms
233 of that license or the Beverage Law. This subparagraph does not
234 permit the licensee to conduct activities that are otherwise
235 prohibited by the Beverage Law or local law. Any culinary
236 education program that holds a license to sell alcoholic
237 beverages shall comply with the age requirements set forth in
238 ss. 562.11(4), 562.111(2), and 562.13.
239 d. The Division of Alcoholic Beverages and Tobacco may
240 adopt rules to administer the license created in this
241 subparagraph, to include rules governing licensure,
242 recordkeeping, and enforcement.
243 e. A license issued pursuant to this subparagraph does not
244 permit the licensee to sell alcoholic beverages by the package
245 for off-premises consumption.
246
247 However, any license heretofore issued to any such hotel, motel,
248 motor court, or restaurant or hereafter issued to any such
249 hotel, motel, or motor court, including a condominium
250 accommodation, under the general law may not be moved to a new
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251 location, such license being valid only on the premises of such
252 hotel, motel, motor court, or restaurant. Licenses issued to
253 hotels, motels, motor courts, or restaurants under the general
254 law and held by such hotels, motels, motor courts, or
255 restaurants on May 24, 1947, shall be counted in the quota
256 limitation contained in subsection (1). Any license issued for
257 any hotel, motel, or motor court under this law shall be issued
258 only to the owner of the hotel, motel, or motor court or, in the
259 event the hotel, motel, or motor court is leased, to the lessee
260 of the hotel, motel, or motor court; and the license shall
261 remain in the name of the owner or lessee so long as the license
262 is in existence. Any special license now in existence heretofore
263 issued under this law cannot be renewed except in the name of
264 the owner of the hotel, motel, motor court, or restaurant or, in
265 the event the hotel, motel, motor court, or restaurant is
266 leased, in the name of the lessee of the hotel, motel, motor
267 court, or restaurant in which the license is located and must
268 remain in the name of the owner or lessee so long as the license
269 is in existence. Any license issued under this section shall be
270 marked "Special," and nothing herein provided shall limit,
271 restrict, or prevent the issuance of a special license for any
272 restaurant or motel which shall hereafter meet the requirements
273 of the law existing immediately before the effective date of
274 this act, if construction of such restaurant has commenced
275 before the effective date of this act and is completed within 30
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276 days thereafter, or if an application is on file for such
277 special license at the time this act takes effect; and any such
278 licenses issued under this proviso may be annually renewed as
279 now provided by law. Nothing herein prevents an application for
280 transfer of a license to a bona fide purchaser of any hotel,
281 motel, motor court, or restaurant by the purchaser of such
282 facility or the transfer of such license pursuant to law.
283 Section 2. Subsection (9) of section 316.1936, Florida
284 Statutes, is amended to read:
285 316.1936 Possession of open containers of alcoholic
286 beverages in vehicles prohibited; penalties.—
287 (9) An alcoholic beverage that has been sealed by a
288 licensee or the employee of a licensee and is transported
289 pursuant to s. 564.09, s. 561.20(2)(a)5. s. 561.20(2)(a)4., or
290 s. 565.045(1) is not an open container under this section.
291 Section 3. Paragraph (c) of subsection (1) of section
292 565.045, Florida Statutes, is amended to read:
293 565.045 Regulations for consumption on premises; penalty;
294 exemptions.—
295 (1) Vendors licensed under s. 565.02(1)(b)-(f):
296 (c) May sell or deliver alcoholic beverages prepared by
297 the licensee for off-premises consumption if the alcoholic
298 beverage is in a container sealed by the licensee. All sales or
299 deliveries of alcoholic beverages made pursuant to this
300 paragraph must satisfy the following requirements:
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301 1. The vendor must be licensed as a public food service
302 establishment under chapter 509;
303 2. The sale or delivery must be accompanied by the sale of
304 food within the same order;
305 3. The charge for the sale of food and nonalcoholic
306 beverages must be at least 40 percent of the total charge for
307 the order, excluding the charge for any manufacturer-sealed
308 containers of alcoholic beverages included in the order; and
309 4. Sales and deliveries of the alcoholic beverages may not
310 occur after the vendor ceases preparing food on the licensed
311 premises for the day or after midnight, whichever is earlier.
312
313 The requirement in subparagraph 3. does not apply to vendors
314 licensed under s. 561.20(2)(a)5. s. 561.20(2)(a)4.
315 Section 4. This act shall take effect July 1, 2025.
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HB 869
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 869 COMPANION BILL: SB 808 (Yarborough)
TITLE: Underground Utility and Excavation Contractors LINKED BILLS: None
SPONSOR(S): Sapp RELATED BILLS: None
Committee References
Industries & Professional Economic Infrastructure Commerce
Activities
SUMMARY
Effect of the Bill:
The bill expands the practice of underground utility and excavation contractors and certain Fire Protection System
Contractor Vs.
Fiscal or Economic Impact:
The bill may have a positive indeterminate fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill allows underground utility and excavation contractors and fire protection system contractor Vs, who are
also licensed as underground utility and excavation contractors, to install piping that is integral to a fire protection
system up to (Sections 1 and 2):
A point within 5 feet of the building where the system will be installed; or
The fire riser1 inside the building and ending no more than 1 foot above the finished floor.
The bill provides an effective date of July 1, 2025 (Section 6).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may increase the revenue for underground utility and excavation contractors and certain fire protection
system contractors because of their expanded practice scope.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Underground Utility and Excavation Contractors
The Construction Industry Licensing Board (“Board”) in the Department of Business and Professional Regulation
(“DBPR”) regulates the construction industry, including underground utility and excavation contractors.
Underground utility and excavation contractor services are limited to the construction, installation, and repair
underground utility systems (i.e. water, sewer, and stormwater systems) which is achieved through excavation or
1 The fire riser is the pipe, which is connected to the pressurized water source, that carries water to the sprinklers in the
building. See Brian O’Connor, Hangers and Support of Sprinkler System Piping, National Fire Protection Association (Apr. 18,
2022, www.nfpa.org/news-blogs-and-articles/blogs/2022/04/18/hangers-and-support-of-sprinkler-system-piping (last
visited Mar. 14, 2025).
STORAGE NAME: h0869.IPA
DATE: 3/17/2025
1
some other means.2 Underground utility and excavation contractors cannot install conduits connecting to an
energized electrical system. 3
DBPR provides an application for an underground utility and excavation contractor license which requires passing
state examination, having 4 years of experience or a combination of college and experience, and supplying
additional information.4
Currently, underground utility and excavation contractors may not install piping that is integral to a fire
protection system beginning at the point where the piping is used exclusively for such system.
Fire Protection System
A “fire protection system” is a system individually designed to protect the interior or exterior of a specific building
or buildings, structure, or other special hazard from fire. A fire protection system includes, but is not limited to:5
Water sprinkler systems;
Water spray systems;
Foam-water sprinkler systems;
Foam-water spray systems;
Carbon dioxide systems;
Foam extinguishing systems;
Dry chemical systems; and
Halon and other chemical systems used for fire protection use.
Fire protection systems also include any tanks and pumps connected to fire sprinkler systems, overhead and
underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems,
sprinkler tank heaters, air lines, and thermal systems used in connection with fire sprinkler systems.6
Fire protection systems must be installed in accordance with the Fire Code and the Building Code. Current law
requires local governments to enforce the Fire Code and the Building Code including the permitting, inspecting,
and approval of the installation of a fire protection system.7 Owners of fire protection systems are responsible for
the maintenance of their fire protection systems, and must contract with a certified fire protection system
contractor to regularly inspect such systems.8
Fire Protection System Contractors
In order to engage in the business of laying out, fabricating, installing, inspecting, altering, repairing, or servicing a
fire protection system in Florida, other than a pre-engineered system, a person must be certified as a fire
protection system contractor.9
Fire protection system contractors are regulated by ch. 633, F.S., which outlines the law pertaining to fire
protection system contractors in the state. The Division of State Fire Marshal within the Department of Financial
Services is responsible for licensing and regulating fire system protection contractors in the state.10
2 S. 489.105(3)(n), F.S.
3 Id.
4 CILB 5-N - Certified Underground Utility and Excavation Contractor as an Individual, Licensing Portal , Department of Business
and Professional Regulation,
www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1030&clientCode=0610&XACT_DEFN_ID=3186 (last visited
Mar. 13, 2025).
5 S. 633.102(11), F.S.
6 Id.
7 See generally ch. 553 and 633, F.S.
8 S. 633.312, F.S.
9 S. 633.336(1), F.S.
10 Ss. 633.318 and 633.338, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Fire protection system contractors are divided into five categories ranging from Contractor I to Contractor V. 11A
contractor’s ability to practice is limited to the category or categories that a contractor has obtained certification. A
Contractor I has the largest scope of work while the Contractor V has the narrowest scope of work.
Currently, a Contractor V may work on the underground piping for a water-based fire protection system at the
point where the piping is exclusively for the fire protection system and ending no more than 1 foot above the
finished floor. A Contractor V may also inspect underground piping for a water-based fire protection system under
the direction of a Contractor I or Contractor II. To become licensed as a Contractor V, a person must be licensed as
an underground utility and excavation contractor, plumbing contractor, or have four years of experience in such
fields.12
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Economic Infrastructure
Subcommittee
Commerce Committee
11 S. 633.102(3)(a)-(e), F.S.
12 Fla. Admin. Code r. 69A-46.010(3)(c).
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 869 2025
1 A bill to be entitled
2 An act relating to underground utility and excavation
3 contractors; amending s. 489.105, F.S.; revising the
4 definition of the term "underground utility and
5 excavation contractor"; amending s. 633.102, F.S.;
6 revising the definition of the term "Contractor V";
7 defining the term "underground utility and excavation
8 contractor"; reenacting s. 489.117(1)(a), (2)(a) and
9 (b), and (4)(a), (d), and (e), F.S., relating to
10 registration and specialty contractors, to incorporate
11 the amendment made to s. 489.105, F.S., in references
12 thereto; reenacting ss. 633.224(1) and 633.318(2)(a),
13 F.S., relating to automatic fire sprinkler systems and
14 fire protection system contractor certificate
15 application and examination, respectively, to
16 incorporate the amendment made to s. 633.102, F.S., in
17 references thereto; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (n) of subsection (3) of section
22 489.105, Florida Statutes, is amended to read:
23 489.105 Definitions.—As used in this part:
24 (3) "Contractor" means the person who is qualified for,
25 and is only responsible for, the project contracted for and
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26 means, except as exempted in this part, the person who, for
27 compensation, undertakes to, submits a bid to, or does himself
28 or herself or by others construct, repair, alter, remodel, add
29 to, demolish, subtract from, or improve any building or
30 structure, including related improvements to real estate, for
31 others or for resale to others; and whose job scope is
32 substantially similar to the job scope described in one of the
33 paragraphs of this subsection. For the purposes of regulation
34 under this part, the term "demolish" applies only to demolition
35 of steel tanks more than 50 feet in height; towers more than 50
36 feet in height; other structures more than 50 feet in height;
37 and all buildings or residences. Contractors are subdivided into
38 two divisions, Division I, consisting of those contractors
39 defined in paragraphs (a)-(c), and Division II, consisting of
40 those contractors defined in paragraphs (d)-(q):
41 (n) "Underground utility and excavation contractor" means
42 a contractor whose services are limited to the construction,
43 installation, and repair, on public or private property, whether
44 accomplished through open excavations or through other means,
45 including, but not limited to, directional drilling, auger
46 boring, jacking and boring, trenchless technologies, wet and dry
47 taps, grouting, and slip lining, of main sanitary sewer
48 collection systems, main water distribution systems, storm sewer
49 collection systems, and the continuation of utility lines from
50 the main systems to a point of termination up to and including
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51 the meter location for the individual occupancy, sewer
52 collection systems at property line on residential or single-
53 occupancy commercial properties, or on multioccupancy properties
54 at manhole or wye lateral extended to an invert elevation as
55 engineered to accommodate future building sewers, water
56 distribution systems, or storm sewer collection systems at storm
57 sewer structures. However, an underground utility and excavation
58 contractor may install empty underground conduits in rights-of-
59 way, easements, platted rights-of-way in new site development,
60 and sleeves for parking lot crossings no smaller than 2 inches
61 in diameter if each conduit system installed is designed by a
62 licensed professional engineer or an authorized employee of a
63 municipality, county, or public utility and the installation of
64 such conduit does not include installation of any conductor
65 wiring or connection to an energized electrical system. An
66 underground utility and excavation contractor may not install
67 piping that is an integral part of a fire protection system as
68 defined in s. 633.102 only up to a beginning at the point within
69 5 feet of the building for which such system will be installed
70 or up to the fire riser inside the building and ending no more
71 than 1 foot above the finished floor where the piping is used
72 exclusively for such system.
73 Section 2. Present subsections (33), (34), and (35) of
74 section 633.102, Florida Statutes, are redesignated as
75 subsections (34), (35), and (36), respectively, a new subsection
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76 (33) is added to that section, and paragraph (e) of subsection
77 (3) of that section is amended, to read:
78 633.102 Definitions.—As used in this chapter, the term:
79 (3)
80 (e) "Contractor V" means a contractor whose business is
81 limited to the execution of contracts requiring the ability to
82 fabricate, install, alter, repair, and service the underground
83 piping for a fire protection system using water as the
84 extinguishing agent beginning at the point of service as defined
85 in this act and ending no more than 1 foot above the finished
86 floor. A Contractor V may inspect underground piping for a
87 water-based fire protection system under the direction of a
88 Contractor I or Contractor II. A Contractor V is also a licensed
89 underground utility and excavation contractor, as defined in s.
90 489.105(3)(n), who may fabricate, install, alter, repair, and
91 service the underground piping for a fire protection system
92 using water as the extinguishing agent up to a point within 5
93 feet of the building for which the fire protection system will
94 be installed or up to the fire riser inside the building and
95 ending no more than 1 foot above the finished floor.
96
97 This subsection may not be construed to include engineers or
98 architects within the defined terms and does not limit or
99 prohibit a licensed fire protection engineer or architect with
100 fire protection design experience from designing any type of
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101 fire protection system. A distinction is made between system
102 design concepts prepared by the design professional and system
103 layout as defined in this section and typically prepared by the
104 contractor. However, a person certified under this chapter as a
105 Contractor I or Contractor II may design new fire protection
106 systems of 49 or fewer sprinklers; may design the alteration of
107 an existing fire sprinkler system if the alteration consists of
108 the relocation, addition, or deletion of 49 or fewer sprinklers,
109 notwithstanding the size of the existing fire sprinkler system;
110 and may design the alteration of an existing fire sprinkler
111 system if the alteration consists of the relocation or deletion
112 of 249 or fewer sprinklers and the addition of up to 49
113 sprinklers, as long as the cumulative total number of fire
114 sprinklers being added, relocated, or deleted does not exceed
115 249, notwithstanding the size of the existing fire sprinkler
116 system, if there is no change of occupancy of the affected
117 areas, as defined in the Florida Building Code and the Florida
118 Fire Prevention Code, and there is no change in the water demand
119 as defined in NFPA 13, "Standard for the Installation of
120 Sprinkler Systems," and if the occupancy hazard classification
121 as defined in NFPA 13 is reduced or remains the same as a result
122 of the alteration. Conflicts between the Florida Building Code
123 and the Florida Fire Prevention Code shall be resolved pursuant
124 to s. 553.73(1)(d). A person certified as a Contractor I,
125 Contractor II, or Contractor IV may design a new fire protection
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126 system or design the alteration of an existing fire protection
127 system, the scope of which complies with NFPA 13D, "Standard for
128 the Installation of Sprinkler Systems in One- and Two-Family
129 Dwellings and Manufactured Homes," as adopted by the State Fire
130 Marshal, notwithstanding the number of fire sprinklers.
131 Contractor-developed plans may not be required by any local
132 permitting authority to be sealed by a registered professional
133 engineer.
134 (33) "Underground utility and excavation contractor" means
135 an individual who holds a current and valid license as described
136 under s. 489.105(3)(n).
137 Section 3. For the purpose of incorporating the amendment
138 made by this act to section 489.105, Florida Statutes, in
139 references thereto, paragraph (a) of subsection (1), paragraphs
140 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
141 of subsection (4) of section 489.117, Florida Statutes, are
142 reenacted to read:
143 489.117 Registration; specialty contractors.—
144 (1)(a) A person engaged in the business of a contractor as
145 defined in s. 489.105(3)(a)-(o) must be registered before
146 engaging in business as a contractor in this state, unless he or
147 she is certified. Except as provided in paragraph (2)(b), to be
148 initially registered, the applicant must submit the required fee
149 and file evidence of successful compliance with the local
150 examination and licensing requirements, if any, in the area for
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151 which registration is desired. An examination is not required
152 for registration.
153 (2)(a) Except as provided in paragraph (b), the board may
154 not issue a new registration after July 1, 1993, based on any
155 certificate of competency or license for a category of
156 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
157 municipal or county government that does not exercise
158 disciplinary control and oversight over such locally licensed
159 contractors, including forwarding a recommended order in each
160 action to the board as provided in s. 489.131(7). For purposes
161 of this subsection and s. 489.131(10), the board shall determine
162 the adequacy of such disciplinary control by reviewing the local
163 government's ability to process and investigate complaints and
164 to take disciplinary action against locally licensed
165 contractors.
166 (b) The board shall issue a registration to an eligible
167 applicant to engage in the business of a contractor in a
168 specified local jurisdiction, provided each of the following
169 conditions are satisfied:
170 1. The applicant held, in any local jurisdiction in this
171 state during 2021, 2022, or 2023, a certificate of registration
172 issued by the state or a local license issued by a local
173 jurisdiction to perform work in a category of contractor defined
174 in s. 489.105(3)(a)-(o).
175 2. The applicant submits all of the following to the
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176 board:
177 a. Evidence of the certificate of registration or local
178 license held by the applicant as required by subparagraph 1.
179 b. Evidence that the specified local jurisdiction does not
180 have a license type available for the category of work for which
181 the applicant was issued a certificate of registration or local
182 license during 2021, 2022, or 2023, such as a notification on
183 the website of the local jurisdiction or an e-mail or letter
184 from the office of the local building official or local building
185 department stating that such license type is not available in
186 that local jurisdiction.
187 c. Evidence that the applicant has submitted the required
188 fee.
189 d. Evidence of compliance with the insurance and financial
190 responsibility requirements of s. 489.115(5).
191
192 An examination is not required for an applicant seeking a
193 registration under this paragraph.
194 (4)(a)1. A person whose job scope does not substantially
195 correspond to either the job scope of one of the contractor
196 categories defined in s. 489.105(3)(a)-(o), or the job scope of
197 one of the certified specialty contractor categories established
198 by board rule, is not required to register with the board. A
199 local government, as defined in s. 163.211, may not require a
200 person to obtain a license, issued by the local government or
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201 the state, for a job scope which does not substantially
202 correspond to the job scope of one of the contractor categories
203 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
204 489.1455(1), or the job scope of one of the certified specialty
205 contractor categories established pursuant to s. 489.113(6). A
206 local government may not require a state or local license to
207 obtain a permit for such job scopes. For purposes of this
208 section, job scopes for which a local government may not require
209 a license include, but are not limited to, painting; flooring;
210 cabinetry; interior remodeling when the scope of the project
211 does not include a task for which a state license is required;
212 driveway or tennis court installation; handyman services;
213 decorative stone, tile, marble, granite, or terrazzo
214 installation; plastering; pressure washing; stuccoing; caulking;
215 and canvas awning and ornamental iron installation.
216 2. A county that includes an area designated as an area of
217 critical state concern under s. 380.05 may offer a license for
218 any job scope which requires a contractor license under this
219 part if the county imposed such a licensing requirement before
220 January 1, 2021.
221 3. A local government may continue to offer a license for
222 veneer, including aluminum or vinyl gutters, siding, soffit, or
223 fascia; rooftop painting, coating, and cleaning above three
224 stories in height; or fence installation and erection if the
225 local government imposed such a licensing requirement before
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226 January 1, 2021.
227 4. A local government may not require a license as a
228 prerequisite to submit a bid for public works projects if the
229 work to be performed does not require a license under general
230 law.
231 (d) Any person who is not required to obtain registration
232 or certification pursuant to s. 489.105(3)(d)-(o) may perform
233 contracting services for the construction, remodeling, repair,
234 or improvement of single-family residences, including a
235 townhouse as defined in the Florida Building Code, without
236 obtaining a local license if such person is under the
237 supervision of a certified or registered general, building, or
238 residential contractor. As used in this paragraph, supervision
239 shall not be deemed to require the existence of a direct
240 contract between the certified or registered general, building,
241 or residential contractor and the person performing specialty
242 contracting services.
243 (e) Any person who is not certified or registered may
244 perform the work of a specialty contractor whose scope of
245 practice is limited to the type of work specified under s.
246 489.105(3)(j), (k), or (l) for the construction, remodeling,
247 repair, or improvement of commercial or residential swimming
248 pools, interactive water features as defined in the Florida
249 Building Code, hot tubs, and spas without obtaining a local
250 license or certification as a specialty contractor if he or she
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251 is supervised by a contractor who is certified or registered
252 under s. 489.105(3)(j), (k), or (l); the work is within the
253 scope of the supervising contractor's license; the supervising
254 contractor is responsible for the work; and the work does not
255 require certification or registration under s. 489.105(3)(d)-
256 (i), (m)-(o), or s. 489.505. Such supervision does not require a
257 direct contract between the contractor certified or registered
258 under s. 489.105(3)(j), (k), or (l) and the person performing
259 the work, or for the person performing the work to be an
260 employee of the contractor certified or registered under s.
261 489.105(3)(j), (k), or (l). This paragraph does not limit the
262 exemptions provided in s. 489.103 and may not be construed to
263 expand the scope of a contractor certified or registered under
264 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
265 services for which certification or registration is required by
266 this part or part II.
267 Section 4. For the purpose of incorporating the amendment
268 made by this act to section 633.102, Florida Statutes, in a
269 reference thereto, subsection (1) of section 633.224, Florida
270 Statutes, is reenacted to read:
271 633.224 Automatic fire sprinkler systems for one-family
272 dwellings, two-family dwellings, and mobile homes.—
273 (1) It is unlawful for a person to engage in the business
274 or act in the capacity of a contractor of automatic fire
275 sprinkler systems for one-family dwellings, two-family
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276 dwellings, and mobile homes without having been duly certified
277 and holding a current certificate as a Contractor I, Contractor
278 II, or Contractor IV as defined in s. 633.102.
279 Section 5. For the purpose of incorporating the amendment
280 made by this act to section 633.102, Florida Statutes, in a
281 reference thereto, paragraph (a) of subsection (2) of section
282 633.318, Florida Statutes, is reenacted to read:
283 633.318 Certificate application and issuance; permit
284 issuance; examination and investigation of applicant.—
285 (2)(a) Examinations shall be administered by the division
286 and held at times and places within the state as the division
287 determines, but there shall be at least two examinations a year.
288 Each applicant shall take and pass an objective, written
289 examination of her or his fitness for a certificate in the class
290 for which the application is requested. There shall be a type of
291 examination for each class of certificate for contractors as
292 defined in s. 633.102. The examination must test the applicant's
293 ability to lay out, fabricate, install, alter, repair, and
294 inspect fire protection systems and their appurtenances and must
295 test the applicant's fitness in business and financial
296 management. The test must be based on applicable standards of
297 the National Fire Protection Association and on relevant Florida
298 and federal laws pertaining to the construction industry, safety
299 standards, administrative procedures, and pertinent technical
300 data.
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hb869-00
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 869 2025
301 Section 6. This act shall take effect July 1, 2025.
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hb869-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 869 by Rep. Sapp
Underground Utility and Excavation Contractors
AMENDMENT SUMMARY
March 19, 2025
Amendment 1 by Rep. Sapp, J. (line 69):
• Provides that an underground utility and excavation contractor may install piping for a
fire protection system up to 5 feet of the building, but may not install it in the building.
• Corrects a grammatical error.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 869 (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 Sapp offered the following:
4
5 Amendment
6 Remove lines 69-90 and insert:
7 5 feet of the building for which such system will be installed
8 where the piping is used exclusively for such system.
9 Section 2. Present subsections (33), (34), and (35) of
10 section 633.102, Florida Statutes, are redesignated as
11 subsections (34), (35), and (36), respectively, a new subsection
12 (33) is added to that section, and paragraph (e) of subsection
13 (3) of that section is amended, to read:
14 633.102 Definitions.—As used in this chapter, the term:
15 (3)
16 (e) "Contractor V" means a contractor whose business is
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 869 (2025)
Amendment No. 1
17 limited to the execution of contracts requiring the ability to
18 fabricate, install, alter, repair, and service the underground
19 piping for a fire protection system using water as the
20 extinguishing agent beginning at the point of service as defined
21 in this act and ending no more than 1 foot above the finished
22 floor. A Contractor V may inspect underground piping for a
23 water-based fire protection system under the direction of a
24 Contractor I or Contractor II. A Contractor V who is also a
25 licensed underground utility and excavation contractor, as
26 defined in s. 489.105(3)(n), may fabricate, install, alter,
27 repair, and
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HB 1035
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 1035 COMPANION BILL: CS/SB 1128 (Ingoglia)
TITLE: Building Permits for Single-family Dwellings LINKED BILLS: None
SPONSOR(S): Esposito RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill provides that single-family building permits do not expire before the effective date of the next edition of the
Florida Building Code. The bill also provides that certain building permit applications are deemed approved upon
submission and a local government must issue the permit within two days.
Fiscal or Economic Impact:
The bill may have a positive economic impact on the private sector by reducing the number of days to it takes to
receive a building permit. The bill may have an indeterminate fiscal impact on local governments by requiring them
to issue certain building permits on an expeditated basis.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that a building permit for a single-family dwelling does not expire before the effective date of the
next edition of the Florida Building Code, which is updated every three years. (Section 1 and 2)
The bill also provides that a building permit application for the construction of a single-family dwelling is deemed
approved upon submission if:
construction of the dwelling is in a jurisdiction for which a state of emergency was issued within the
preceding 24 months;
a licensed architect or engineer signs and seals the application and attests that the plans comply with the
Florida Building Code. (Section 3)
A local government must issue a building permit for such application within two days of submission. (Section 3)
The bill provides an effective date of July 1, 2025 (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act.” The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
STORAGE NAME: h1035.IPA
DATE: 3/17/2025
1
building code. The Florida Building Code (Building Code) must be applied, administered, and enforced uniformly
and consistently from jurisdiction to jurisdiction.1
The Florida Building Commission (Commission) implements the Building Code. The Commission, which is housed
within the Department of Business and Professional Regulation, is a 19-member technical body made up of design
professionals, contractors, and government experts in various disciplines covered by the Building Code. The
Commission updates and adopts a new edition of the Building Code every three years.2 The current edition of the
Building Code is the eighth edition, which is referred to as the 2023 Building Code.3
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare.4
Building Permits
Every local government must enforce the Building Code and issue building permits.5 A building permit is an official
document or certificate issued by the local building official that authorizes performance of a specific activity.6
It is unlawful for a person to construct, erect, alter, repair, secure, or demolish any building without first obtaining
a building permit.7
Current law requires local governments to review building permit applications for single-family dwellings within a
specific time-period of receiving the applications:8
When a local government receives an application for a single-family dwelling building permit, 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:9
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.
Within 12 business days after receiving a complete and sufficient application, for an applicant using a
master building permit to obtain a site-specific building permit.
Within 10 business days for a single-family residential dwelling applied for by a licensed contractor on
behalf of a property owner who participates in a Community Development Block Grant-Disaster Recovery
program administered by the Department of Commerce.
A building permit becomes invalid if no work starts within six months after issuance of the permit or if work on the
project ceases for a period of six months after work has commenced on the project. Work shall be considered to be
in active progress when the permit has received an approved inspection within 180 days.10
A new permit is required if a permit is revoked after work has commenced, becomes null and void, or expires
because of a lack of progress on the project. If a new permit is not obtained within 180 days from the date the
permit becomes null and void, the local enforcement agency may require the removal of all work that has been
performed on the project.11
1 S. 553.72(1), F.S.
2 Ss. 553.73(7), and 553.74, F.S.
3 Overview, Eighth Edition of the Florida Building Code.
4 S. 553.72, F.S.
5 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
6 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building).
7 S. 553.79(1), F.S.
8 S. 553.792(1), F.S.
9 Id.
10 Section 105.4 of the Eighth Edition of the Florida Building Code
11 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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
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 1035 2025
1 A bill to be entitled
2 An act relating to building permits for single-family
3 dwellings; amending ss. 125.56 and 553.79, F.S.;
4 prohibiting the expiration of certain building permits
5 issued by a county or a local government,
6 respectively, before a specified event; amending s.
7 553.792, F.S.; specifying that certain permit
8 applications are deemed approved by a local
9 government; requiring the local government to issue
10 such permit within a certain timeframe; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (d) of subsection (4) of section
16 125.56, Florida Statutes, is amended to read:
17 125.56 Enforcement and amendment of the Florida Building
18 Code and the Florida Fire Prevention Code; inspection fees;
19 inspectors; etc.—
20 (4)
21 (d) A county that issues building permits may send a
22 written notice of expiration, by e-mail or United States Postal
23 Service, to the owner of the property and the contractor listed
24 on the permit, no less than 30 days before a building permit is
25 set to expire. The written notice must identify the permit that
Page 1 of 3
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hb1035-00
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 1035 2025
26 is set to expire and the date the permit will expire. A building
27 permit issued by a county for a single-family dwelling may not
28 expire before the effective date of the next edition of the
29 Florida Building Code, which is updated every 3 years pursuant
30 to s. 553.73(7)(a).
31 Section 2. Paragraph (c) of subsection (1) of section
32 553.79, Florida Statutes, is amended to read:
33 553.79 Permits; applications; issuance; inspections.—
34 (1)
35 (c) A local government that issues building permits may
36 send a written notice of expiration, by e-mail or United States
37 Postal Service, to the owner of the property and the contractor
38 listed on the permit, no less than 30 days before a building
39 permit is set to expire. The written notice must identify the
40 permit that is set to expire and the date the permit will
41 expire. A building permit issued by a local government under
42 this section for a single-family dwelling may not expire before
43 the effective date of the next edition of the Florida Building
44 Code, which is updated every 3 years pursuant to s.
45 553.73(7)(a).
46 Section 3. Present paragraphs (b) through (g) of
47 subsection (1) of section 553.792, Florida Statutes, are
48 redesignated as paragraphs (c) through (h), respectively, and a
49 new paragraph (b) is added to that subsection, to read:
50 553.792 Building permit application to local government.—
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hb1035-00
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 1035 2025
51 (1)
52 (b) A permit application for the construction of a single-
53 family dwelling in a jurisdiction for which a state of emergency
54 was issued within the 24 months before the submission of the
55 application, and which is signed and sealed with an attestation
56 by an architect licensed under chapter 481 or an engineer
57 licensed under chapter 471 that the plans in the permit comply
58 with the Florida Building Code, is deemed approved. The local
59 government shall issue such permit within 2 days after approval.
60 Section 4. This act shall take effect July 1, 2025.
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hb1035-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 1035 by Rep. Esposito
Building Permits for Single-Family Dwellings
AMENDMENT SUMMARY
March 19, 2025
Amendment 1 by Rep. Esposito (strike):
• Provides that a building permit for a single-family dwelling expires the later of 180 days
or the adoption of the next edition of the Florida Building Code.
• Provides that a local government may not require an owner of a single-family dwelling
or an owner’s contractor to pull a permit for work that is valued at less than $7,500.
o A contractor must keep a record of the work performed and the value of such
work.
o Provides that local governments may still require permits for electrical, plumbing,
or structural work on a single-family dwelling regardless of the value of the work.
• Provides that within 5 business days of receiving an application, a local government
must issue or deny a building permit for work, which is valued at less than $15,000, on
an existing single-family dwelling.
• Provides that the 2-day time-period to issue a building permit for construction of a single-
family dwelling that has been approved by a licensed engineer or architect also applies
to the renovation of a single-family dwelling.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (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 Esposito offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (d) of subsection (4) of section
8 125.56, Florida Statutes, is amended to read:
9 125.56 Enforcement and amendment of the Florida Building
10 Code and the Florida Fire Prevention Code; inspection fees;
11 inspectors; etc.—
12 (4)
13 (d) A county that issues building permits may send a
14 written notice of expiration, by e-mail or United States Postal
15 Service, to the owner of the property and the contractor listed
16 on the permit, no less than 30 days before a building permit is
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Page 1 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
17 set to expire. The written notice must identify the permit that
18 is set to expire and the date the permit will expire. A building
19 permit issued by a county for a single-family dwelling may not
20 expire before 180 days after the issuance of the permit or the
21 effective date of the next edition of the Florida Building Code,
22 which is updated every 3 years pursuant to s. 553.73(7)(a),
23 whichever is later.
24 Section 2. Paragraph (o) of subsection (1) of section
25 489.129, Florida Statutes, is amended to read:
26 489.129 Disciplinary proceedings.—
27 (1) The board may take any of the following actions
28 against any certificateholder or registrant: place on probation
29 or reprimand the licensee, revoke, suspend, or deny the issuance
30 or renewal of the certificate or registration, require financial
31 restitution to a consumer for financial harm directly related to
32 a violation of a provision of this part, impose an
33 administrative fine not to exceed $10,000 per violation, require
34 continuing education, or assess costs associated with
35 investigation and prosecution, if the contractor, financially
36 responsible officer, or business organization for which the
37 contractor is a primary qualifying agent, a financially
38 responsible officer, or a secondary qualifying agent responsible
39 under s. 489.1195 is found guilty of any of the following acts:
40 (o) Proceeding on any job without obtaining applicable
41 local building department permits and inspections, unless
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
42 otherwise provided by law.
43
44 For the purposes of this subsection, construction is considered
45 to be commenced when the contract is executed and the contractor
46 has accepted funds from the customer or lender. A contractor
47 does not commit a violation of this subsection when the
48 contractor relies on a building code interpretation rendered by
49 a building official or person authorized by s. 553.80 to enforce
50 the building code, absent a finding of fraud or deceit in the
51 practice of contracting, or gross negligence, repeated
52 negligence, or negligence resulting in a significant danger to
53 life or property on the part of the building official, in a
54 proceeding under chapter 120.
55 Section 3. Paragraphs (a) and (c) of subsection (1) of
56 section 553.79, Florida Statutes, are amended, and paragraph (g)
57 of that subsection is created, to read:
58 553.79 Permits; applications; issuance; inspections.—
59 (1)(a) Unless otherwise provided by law, after the
60 effective date of the Florida Building Code adopted as herein
61 provided, it shall be unlawful for any person, firm,
62 corporation, or governmental entity to construct, erect, alter,
63 modify, repair, or demolish any building within this state
64 without first obtaining a permit therefor from the appropriate
65 enforcing agency or from such persons as may, by appropriate
66 resolution or regulation of the authorized state or local
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Page 3 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
67 enforcing agency, be delegated authority to issue such permits,
68 upon the payment of such reasonable fees adopted by the
69 enforcing agency. The enforcing agency is empowered to revoke
70 any such permit upon a determination by the agency that the
71 construction, erection, alteration, modification, repair, or
72 demolition of the building for which the permit was issued is in
73 violation of, or not in conformity with, the provisions of the
74 Florida Building Code. Whenever a permit required under this
75 section is denied or revoked because the plan, or the
76 construction, erection, alteration, modification, repair, or
77 demolition of a building, is found by the local enforcing agency
78 to be not in compliance with the Florida Building Code, the
79 local enforcing agency shall identify the specific plan or
80 project features that do not comply with the applicable codes,
81 identify the specific code chapters and sections upon which the
82 finding is based, and provide this information to the permit
83 applicant. A plans reviewer or building code administrator who
84 is responsible for issuing a denial, revocation, or modification
85 request but fails to provide to the permit applicant a reason
86 for denying, revoking, or requesting a modification, based on
87 compliance with the Florida Building Code or local ordinance, is
88 subject to disciplinary action against his or her license
89 pursuant to s. 468.621(1)(i). Installation, replacement,
90 removal, or metering of any load management control device is
91 exempt from and shall not be subject to the permit process and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
92 fees otherwise required by this section.
93 (c) A local government that issues building permits may
94 send a written notice of expiration, by e-mail or United States
95 Postal Service, to the owner of the property and the contractor
96 listed on the permit, no less than 30 days before a building
97 permit is set to expire. The written notice must identify the
98 permit that is set to expire and the date the permit will
99 expire. A building permit issued by a county for a single-family
100 dwelling may not expire before 180 days after the issuance of
101 the permit or the effective date of the next edition of the
102 Florida Building Code, which is updated every 3 years pursuant
103 to s. 553.73(7)(a), whichever is later.
104 (g)1. A local government that issues building permits shall
105 not require an owner of a single-family dwelling or an owner’s
106 contractor to obtain a building permit to perform any work,
107 which is valued at less than $7,500, on the single-family
108 dwelling’s lot. However, a local government may require a
109 building permit for any electrical, plumbing, or structural
110 work, not including the repair or replacement of exterior doors
111 or windows, performed on a lot containing a single-family
112 dwelling regardless of the value of the work.
113 2. A contractor who performs work that does not require a
114 permit under this paragraph must keep a record in writing of the
115 work performed, the property address where the work was
116 performed, and the value of such work as proof that such work
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
117 complies with subparagraph 1.
118 Section 4. Paragraph (a) of subsection (1) of section
119 553.792, Florida Statutes is amended, and present paragraphs (b)
120 through (g) of subsection (1) of that section, are redesignated
121 as paragraphs (c) through (h), respectively, and a new paragraph
122 (b) is added to that subsection, to read:
123 553.792 Building permit application to local government.—
124 (1) (a) A local government must approve, approve with
125 conditions, or deny a building permit application after receipt
126 of a completed and sufficient application within the following
127 timeframes, unless the applicant waives such timeframes in
128 writing:
129 1. Within 5 business days after receiving a complete and
130 sufficient application, for an applicant using a local
131 government plans reviewer to obtain the following building
132 permits for an existing single-family residential dwelling if
133 the value of the work is less than $15,000: structural,
134 accessory structure, alarm, electrical, irrigation, landscaping,
135 mechanical, plumbing, or roofing.
136 2.1. Within 30 business days after receiving a complete
137 and sufficient application, for an applicant using a local
138 government plans reviewer to obtain the following building
139 permits if the structure is less than 7,500 square feet:
140 residential units, including a single-family residential unit or
141 a single-family residential dwelling, accessory structure,
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Page 6 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
142 alarm, electrical, irrigation, landscaping, mechanical,
143 plumbing, or roofing.
144 3.2. Within 60 business days after receiving a complete
145 and sufficient application, for an applicant using a local
146 government plans reviewer to obtain the following building
147 permits if the structure is 7,500 square feet or more:
148 residential units, including a single-family residential unit or
149 a single-family residential dwelling, accessory structure,
150 alarm, electrical, irrigation, landscaping, mechanical,
151 plumbing, or roofing.
152 4.3. Within 60 business days after receiving a complete
153 and sufficient application, for an applicant using a local
154 government plans reviewer to obtain the following building
155 permits: signs or nonresidential buildings that are less than
156 25,000 square feet.
157 5.4. Within 60 business days after receiving a complete
158 and sufficient application, for an applicant using a local
159 government plans reviewer to obtain the following building
160 permits: multifamily residential, not exceeding 50 units; site-
161 plan approvals and subdivision plats not requiring public
162 hearing or public notice; and lot grading and site alteration.
163 6.5. Within 12 business days after receiving a complete
164 and sufficient application, for an applicant using a master
165 building permit consistent with s. 553.794 to obtain a site-
166 specific building permit.
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Page 7 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
167 7.6. Within 10 business days after receiving a complete
168 and sufficient application, for an applicant for a single-family
169 residential dwelling applied for by a contractor licensed in
170 this state on behalf of a property owner who participates in a
171 Community Development Block Grant-Disaster Recovery program
172 administered by the Department of Commerce, unless the permit
173 application fails to satisfy the Florida Building Code or the
174 enforcing agency's laws or ordinances.
175
176 However, the local government may not require the waiver of the
177 timeframes in this section as a condition precedent to reviewing
178 an applicant's building permit application.
179 (b) A permit application for the construction or
180 renovation of a single-family dwelling in a jurisdiction for
181 which a state of emergency was issued within the 24 months
182 before the submission of the application, and which is signed
183 and sealed with an attestation by an architect licensed under
184 chapter 481 or an engineer licensed under chapter 471 that the
185 plans in the permit comply with the Florida Building Code, is
186 deemed approved. The local government shall issue such permit
187 within 2 days after approval.
188 Section 5. This act shall take effect July 1, 2025.
189
190 -----------------------------------------------------
191 T I T L E A M E N D M E N T
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Page 8 of 9
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1035 (2025)
Amendment No. 1
192 Remove lines 4-11 and insert:
193 prohibiting the expiration of certain building permits
194 issued by a county or a local government,
195 respectively, before a specified event; prohibiting
196 local governments from requiring building permits for
197 certain projects; amending s. 489.129, F.S., providing
198 that a contractor is not subject to discipline for
199 certain acts if authorized by law; amending s.
200 553.792, F.S.; requiring local governments to issue
201 certain permits within a certain timeframe; specifying
202 that certain permit applications are deemed approved
203 by a local government; requiring the local government
204 to issue such permit within a certain timeframe;
205 providing an effective date.
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Page 9 of 9
HB 1071
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 1071 COMPANION BILL: None
TITLE: Alternative Plans Reviews and Inspections LINKED BILLS: None
SPONSOR(S): Benarroch RELATED BILLS: SB 1134 (Calatayud)
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill amends a private provider’s alternative plans review and inspection by:
Expanding the definition of “single-trade inspection” to include solar energy and energy storage
installations or alterations thereby clarifying that such work may be inspected by a private provider.
Defining “single-trade plans review.”
Specifying that a private provider may use an automated or software plans review program to determine if
single-trade plans comply with the applicable building codes.
o The software must be designed to determine compliance with one or more applicable codes,
including, but not limited to, the National Electrical Code.
Reducing the time-period for a local building department to issue a permit from 20 business days to 5
business days if the application is related to a single-trade plans review for a single-family or two-family
dwelling.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on local governments and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill clarifies that the definition of “single-trade inspection” includes solar energy and energy storage
installations or alterations as an applicable single construction trade. The bill defines “single-trade plans review” as
any plans review focused on a single construction trade. The list of included projects mirrors the same types of
single construction trade as “single-trade inspection”.
The bill clarifies that an owner or contractor’s notice of intent to use a private provider after construction has
commenced may specify whether any scheduled inspection will be conducted in person or virtually.
The bill provides that a private provider may use an automated or software plans review program to determine if
single-trade plans comply with the applicable building codes1. The software must be designed to determine
compliance with one or more applicable codes, including, but not limited to, the National Electrical Code. The bill
allows the private provider to specify in the affidavit the plans review program system he or she used.
1 “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but
does not include the applicable minimum fire prevention and fire safety codes adopted pursuant to chapter 633. S.
553.791(1)(a), F.S.
STORAGE NAME: h1071.IPA
DATE: 3/17/2025
1
The bill reduces the time period for a local building department to issue a building permit for applications
reviewed by private providers and related to a single-trade plans review for a single-family or two-family dwelling.
(Section 1).
The bill provides an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate fiscal impact on local governments by requiring them to hire more employees
to meet the reduced time-period to issue certain building permits.
PRIVATE SECTOR:
The bill may have a positive economic impact by reducing construction time as a result of reducing the time-period
to receive certain building permit. The bill may have an indeterminate fiscal impact if local governments must raise
building permit fees in order to hire additional employees to meet the reduced-time period to issue certain
building permits.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and
intent of the Act is to provide a mechanism for the uniform adoption, updating, interpretation,
and enforcement of a single, unified state building code. The Florida Building Code must be applied,
administered, and enforced uniformly and consistently throughout the state.2
Local governments may adopt amendments to the Building Code that are more stringent than the Florida Building
Code, which are limited to the local government’s jurisdiction.3
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare.4 Every local government
must enforce the Florida Building Code and issue building permits.5 A building permit is an official document or
certificate issued by the local building official that authorizes performance of a specific activity.6
Private Providers
In 2002, s. 553.791, F.S. was created to allow property owners and contractors to hire licensed building code
officials, engineers, and architects, referred to as private providers, to review building plans, perform building
inspections, and prepare certificates of completion.
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
2 553.72(1), F.S.
3 553.73(4), F.S.
4 S. 553.72, F.S.
5 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
6 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
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings.7
A private provider and any duly authorized representative may only perform building code inspection services
that are within the disciplines covered by that person's licensure or certification, including single-trade
inspections.8
A single-trade inspection is an inspection focused on a single construction trade, such as plumbing, mechanical, or
electrical. The term includes, but is not limited to: 9
inspections of door or window replacements;
fences and block walls more than 6 feet high from the top of the wall to the bottom of the footing;
stucco or plastering;
reroofing with no structural alteration;
HVAC replacements; ductwork or fan replacements;
alteration or installation of wiring, lighting, and service panels;
water heater changeouts;
sink replacements; and
repiping.
If an owner or contractor opts to use a private provider for purposes of plans review or building inspection
services, the local government must calculate the cost savings to its building department and reduce the building
permit fees accordingly.10 Additionally, a local government may not charge a fee for building inspections when an
owner or contractor uses a private provider but may charge a reasonable administrative fee for the clerical and
supervisory assistance required.11
Notice of Intent
Current law specifies a process for an owner or contractor to notify the local government that the owner or
contract hired a private provider to perform building code inspection services, including single-trade inspections.
Such notice must be provided in writing at the time of permit application, or by 2 p.m., two business days before
the first scheduled inspection by the local building official.12
After construction has commenced, and if the local building official is unable to provide inspection services in a
timely manner, the owner or contractor may elect to use a private provider to provide inspection services by
notifying the local building official by 2 p.m., two days before the first scheduled inspection.13
A private provider performing required inspections must inspect each phase of construction as required by the
applicable codes, and such inspection may be performed in-person or virtually.14
Plans Review
For plans review, a private provider must review the plans15 to determine compliance with the applicable codes16
and prepare an affidavit17 certifying, under oath, that the plans comply, and the private provider is duly authorized
to perform plans review.18
7 S. 553.791(1)(n), F.S.
8 S. 553.791(3), F.S.
9 S. 553.791(1)(4), F.S.
10 “Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local
enforcement agency assesses the cost for its plans review or inspection services.” S. 553.791(2)(b), F.S.
11 S. 553.791(2)(b), F.S.
12 S. 553.791(4), F.S.
13 S. 553.791(5), F.S.
14 S. 553.791(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies.19 If the local
building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day.20
If the building official provides a written notice of plan deficiencies, the 20-day period is tolled pending resolution
of the matter.21 The law further allows the permit applicant to correct the deficiencies and also allows the permit
applicant to dispute the deficiencies. If the permit applicant submits revisions, the building official has the
reminder of the tolled 20-day period plus 5 business days from the date of resubmittal to issue the requested
permit or to provide a second written notice of noncompliance with applicable code to the permit applicant.22 Any
subsequent review by the building official is limited to the deficiencies cited in the written notice.
Automated or Software-Based Plan Review Programs
Currently, the law does not specify whether an automated or software-plan review may be used by a private
provider.
An automated or software-based plan review examines the building design against the applicable codes. A
software-based review program uses a digital platform to review construction plans, which may include an
automated plan review program. An automated plan review program uses artificial intelligence to determine
whether a construction plan complies with the applicable codes. An automated plan review may streamline the
permitting process, but may have drawbacks including gray areas of the code which need to be interpreted by a
person, and codes are always changing which would require the program to stay up to date with the latest
edition.23
Currently, some Florida counties and cities are already using or are planning on using automated or software-
based plan review system, including Altamonte Springs, Gainesville, and Pasco County.24
OTHER RESOURCES:
Nawari Nawari, and Rob Christy, Using AI to Review Construction Plans, Kelley A. Bergstrom Real Estate Center at
the UF Warrington College of Business (Nov. 14. 2024), Using AI to Review Construction Plans | Due Diligence | UF
Business (last visited Mar. 14, 2025).
15 “Plans” means building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner
or fee owner’s contractor to a private provider or duly authorized representative for review. Section 553.791(1)(m), F.S.
16 “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but
does not include the applicable minimum fire prevention and fire safety codes adopted pursuant to ch. 633, F.S. S.
553.791(1)(a), F.S.
17 The affidavit may bear a written or electronic signature and may be submitted electronically to the local building official.
18 S. 553.791(6), F.S.
19 S. 553.791(7)(a), F.S.
20 Id.
21 S. 553.791(7)(b), F.S.
22 S. 553.791(7)(c), F.S.
23 Michael Kilkelly, Building Code Review Software: Feasible or Far-Fetched?, Architect Magazine (Aug. 27, 2018)
www.architectmagazine.com/technology/building-code-review-software-feasible-or-far-fetched_o (last visited Mar. 15,
2025).
24 Nawari Nawari, and Rob Christy, Using AI to Review Construction Plans, Kelley A. Bergstrom Real Estate Center at the UF
Warrington College of Business (Nov. 14. 2024) Using AI to Review Construction Plans | Due Diligence | UF Business (last
visited Mar. 14, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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
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 1071 2025
1 A bill to be entitled
2 An act relating to alternative plans reviews and
3 inspections; amending s. 553.791, F.S.; revising the
4 definition of the term "single-trade inspection";
5 defining the term "single-trade plans review";
6 authorizing certain notices to specify how a scheduled
7 inspection will be conducted; authorizing a private
8 provider to use specified review systems for single-
9 trade plans reviews; authorizing a private provider to
10 specify which review system he or she used; requiring
11 certain actions by the local building official within
12 a specified timeframe for certain permits; authorizing
13 single-trade inspections to be performed in person or
14 virtually; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraphs (r) and (s) of subsection (1) of
19 section 553.791, Florida Statutes, are redesignated as
20 paragraphs (s) and (t), respectively, paragraph (q) of
21 subsection (1) and subsections (5) through (8) are amended, and
22 a new paragraph (r) is added to subsection (1) of that section,
23 to read:
24 553.791 Alternative plans review and inspection.—
25 (1) As used in this section, the term:
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HB 1071 2025
26 (q) "Single-trade inspection" means any inspection focused
27 on a single construction trade, such as plumbing, mechanical, or
28 electrical. The term includes, but is not limited to,
29 inspections of door or window replacements; fences and block
30 walls more than 6 feet high from the top of the wall to the
31 bottom of the footing; stucco or plastering; reroofing with no
32 structural alteration; HVAC replacements; solar energy and
33 energy storage installations or alterations; ductwork or fan
34 replacements; alteration or installation of wiring, lighting,
35 and service panels; water heater changeouts; sink replacements;
36 and repiping.
37 (r) "Single-trade plans review" means any plans review
38 focused on a single construction trade, such as plumbing,
39 mechanical, or electrical. The term includes, but is not limited
40 to, plans reviews of door or window replacements; fences and
41 block walls more than 6 feet high from the top of the wall to
42 the bottom of the footing; stucco or plastering; reroofing with
43 no structural alteration; HVAC replacements; solar energy and
44 energy storage installations or alterations; ductwork or fan
45 replacements; alteration or installation of wiring, lighting,
46 and service panels; water heater changeouts; sink replacements;
47 and repiping.
48 (5) After construction has commenced and if the local
49 building official is unable to provide inspection services in a
50 timely manner, the fee owner or the fee owner's contractor may
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HB 1071 2025
51 elect to use a private provider to provide inspection services
52 by notifying the local building official of the owner's or
53 contractor's intention to do so by 2 p.m. local time, 2 business
54 days before the next scheduled inspection using the notice
55 provided for in paragraphs (4)(a)-(c). Such notice may specify
56 whether any scheduled inspection will be conducted in person or
57 virtually as authorized in subsection (8).
58 (6) A private provider performing plans review under this
59 section shall review the plans to determine compliance with the
60 applicable codes. For single-trade plans reviews, a private
61 provider may use an automated or software-based plans review
62 system designed to determine compliance with one or more
63 applicable codes, including, but not limited to, the National
64 Electrical Code. Upon determining that the plans reviewed comply
65 with the applicable codes, the private provider shall prepare an
66 affidavit or affidavits certifying, under oath, that the
67 following is true and correct to the best of the private
68 provider's knowledge and belief:
69 (a) The plans were reviewed by the affiant, who is duly
70 authorized to perform plans review pursuant to this section and
71 holds the appropriate license or certificate. The affiant may
72 specify any automated or software-based plans review system used
73 for such review.
74 (b) The plans comply with the applicable codes.
75
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76 Such affidavit may bear a written or electronic signature and
77 may be submitted electronically to the local building official.
78 (7)(a) No more than 20 business days, or if the permit is
79 related to a single-trade plans review for a single-family or
80 two-family dwelling, no more than 5 business days, after receipt
81 of a permit application and the affidavit from the private
82 provider required pursuant to subsection (6), the local building
83 official shall issue the requested permit or provide a written
84 notice to the permit applicant identifying the specific plan
85 features that do not comply with the applicable codes, as well
86 as the specific code chapters and sections. If the local
87 building official does not provide a written notice of the plan
88 deficiencies within the prescribed 20-day or 5-day period, the
89 permit application shall be deemed approved as a matter of law,
90 and the permit must shall be issued by the local building
91 official on the next business day.
92 (b) If the local building official provides a written
93 notice of plan deficiencies to the permit applicant within the
94 prescribed 20-day or 5-day period, the 20-day period is shall be
95 tolled pending resolution of the matter. To resolve the plan
96 deficiencies, the permit applicant may elect to dispute the
97 deficiencies pursuant to subsection (15) or to submit revisions
98 to correct the deficiencies.
99 (c) If the permit applicant submits revisions, the local
100 building official has the remainder of the tolled time 20-day
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HB 1071 2025
101 period plus 5 business days after from the date of resubmittal
102 to issue the requested permit or to provide a second written
103 notice to the permit applicant stating which of the previously
104 identified plan features remain in noncompliance with the
105 applicable codes, with specific reference to the relevant code
106 chapters and sections. Any subsequent review by the local
107 building official is limited to the deficiencies cited in the
108 written notice. If the local building official does not provide
109 the second written notice within the prescribed time period, the
110 permit shall be deemed approved as a matter of law, and the
111 local building official must issue the permit on the next
112 business day.
113 (d) If the local building official provides a second
114 written notice of plan deficiencies to the permit applicant
115 within the prescribed time period, the permit applicant may
116 elect to dispute the deficiencies pursuant to subsection (15) or
117 to submit additional revisions to correct the deficiencies. For
118 all revisions submitted after the first revision, the local
119 building official has an additional 5 business days after from
120 the date of resubmittal to issue the requested permit or to
121 provide a written notice to the permit applicant stating which
122 of the previously identified plan features remain in
123 noncompliance with the applicable codes, with specific reference
124 to the relevant code chapters and sections.
125 (8) A private provider performing required inspections
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126 under this section shall inspect each phase of construction as
127 required by the applicable codes. Such inspection, including a
128 single-trade inspection, may be performed in person in-person or
129 virtually. The private provider may have a duly authorized
130 representative perform the required inspections, provided all
131 required reports are prepared by and bear the written or
132 electronic signature of the private provider or the private
133 provider's duly authorized representative. The duly authorized
134 representative must be an employee of the private provider
135 entitled to receive reemployment assistance benefits under
136 chapter 443. The contractor's contractual or legal obligations
137 are not relieved by any action of the private provider.
138 Section 2. This act shall take effect July 1, 2025.
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hb1071-00
INDUSTRIES & PROFESSIONAL ACTIVITES SUBCOMMITTEE
HB 1071 by Rep. Benarroch
Relating to Relating to Alternative Plans Reviews and Inspections
AMENDMENT SUMMARY
March 19, 2025
Amendment 1 by Rep. Benarroch (Lines 60-64): The amendment requires that if an automated
or software-based plans review system is used for a single-trade plans review, such program is
required to be familiar with the Florida Building Code and any local amendments.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1071 (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 Benarroch offered the following:
4
5 Amendment
6 Remove lines 60-64 and insert:
7 applicable codes. For single-trade plans reviews, a private
8 provider may use an automated or software-based plans review
9 system designed to determine compliance with one or more
10 applicable codes, including, but not limited to, the National
11 Electrical Code, the Florida Building Code, and local amendments
12 to the Florida Building Code. Upon determining that the plans
13 reviewed comply
004985 - hb1071-Lines 60-64.docx
Published On: 3/18/2025 2:58:13 PM
Page 1 of 1
HB 1161
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 1161 COMPANION BILL: SB 1400 (Calatayud)
TITLE: Removal of Altered Sexual Depictions Posted LINKED BILLS: None
Without Consent RELATED BILLS: None
SPONSOR(S): Duggan
Committee References
Industries & Professional Judiciary Commerce
Activities
SUMMARY
Effect of the Bill:
The bill revises provisions of Florida’s deepfake law to require covered platforms, such as websites and online
services, to remove altered sexual depictions and copies of such from their platform upon request of the victim.
The bill requires such platforms to establish a process for persons to notify them of deepfake depictions and
request their removal. The bill requires the platforms to remove such content within 48 hours of receiving a
request, provides liability protections for platforms that act in good faith, establishes penalties for failure to
comply, and makes such failures a violation of the Florida Deceptive and Unfair Trade Practices Act. The bill
provides an exception for broadband Internet service providers and certain online services that do not primarily
consist of user-generated content.
The effective date of the bill is upon becoming law.
Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Notice and Removal Process
The bill revises provisions of Florida’s deepfake law, as follows:
• Names the act, “Brooke’s Law.” (Section 1)
• Requires, no later than December 31, 2025, covered platforms to establish a process by which a person
may notify and request removal of an altered sexual depiction that was published without their consent.
• Requires the notification and request for removal to include:
o A physical or electronic signature of the identifiable person or an authorized person acting on their
behalf.
o An identification of, and information reasonably sufficient for the covered platform to locate, the
altered sexual depiction of the identifiable person.
o A brief statement that the identifiable person has a good faith belief that any altered sexual
depiction identified is not consensual, including any relevant information for the covered platform
to determine the depiction was published without consent.
o Information sufficient to enable the covered platform to contact the person. (Section 2)
Clear and Conspicuous Notice
The bill defines “covered platform” as a website, online service, online application, or mobile application that
serves the public and:
STORAGE NAME: h1161.IPA
DATE: 3/17/2025
1
• Primarily provides a forum for user-generated content, including messages, videos, images, games, and
audio files; or
• For which it is in the regular course of trade or business of the website, online service, online application,
or mobile application to publish, curate, host, or make available content of nonconsensual altered sexual
depictions. (Section 2)
The bill requires a covered platform to provide clear and conspicuous notice of the notice and removal process,
which:
• Is easy to read and in plain language.
• Provides information regarding the responsibilities of the covered platform under the bill.
• Includes a description of how a person can submit a notification and request for removal. (Section 2)
The bill requires, upon receipt of a valid removal request, as soon as possible but no later than 48 hours, the
covered platform to remove the altered sexual depiction and make reasonable efforts to identify and remove any
known, identical copies of such depiction. (Section 2)
The bill exempts:
• A provider of broadband Internet access service, as described in 47 C.F.R. s. 8.1(b).
• Electronic mail.
• Except as otherwise provided, an online service, application, or website:
o That consists primarily of preselected content by the provider, rather than content that is user
generated; and
o For which any chat, comment, or interactive functionality is incidental to, directly related to, or
dependent on the provision of the content described above. (Section 2)
Liability
The bill provides that a covered platform is not liable for any claim based on the platform’s good faith removal of
material claimed to be a nonconsensual altered sexual depiction, regardless of whether the altered sexual depiction
is ultimately found to be unlawful. (Section 2)
Remedies
In addition to the remedies provided in s. 836.13(5), F.S., a failure to comply with the notice and removal
requirements of the bill constitutes an unfair or deceptive act or practice under the Florida Deceptive and Unfair
Trade Practices Act. (Section 2)
Effective Date
The bill takes effect upon becoming law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill provides notification and removal requirements, and civil penalties for noncompliance, for
businesses considered a covered platform. The cost of compliance and number of violations for noncompliance is
unknown.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Nonconsensual Altered Sexual Depictions
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Over the last decade, Americans have started to recognize the growing problem of distribution of sexually explicit
images without consent, otherwise known as “revenge porn.”1 Although Florida and other states have enacted
protections against revenge porn, there are still instances in which a person may be a victim of nonconsensual
pornography in the form of altered sexual depictions, more commonly known as “deepfakes.”2 Deepfakes typically
take the form of imagery, video, and audio material that “is produced or distributed without the consent of the
subject and has been altered, potentially with artificial intelligence, to show nonconsensual intimate or explicit
content.” Advancements in technology, such as increased availability and usage of generative AI, have enabled
perpetrators to manipulate sexual materials in ways that circumvent revenge porn laws. For example, “if a photo
depicted the victim nude, where the victim’s face was real, but the victim’s genitals were computer generated,
many laws would not apply because the intimate part of the image was not the victim’s.”3
Researchers have discovered that 98% of the deepfake videos found online are explicitly pornographic and 99% of
deepfake pornography features women.4 Moreover, the creation of deepfake pornography is rapidly increasing, as
researchers found that there were 464% more deepfake pornographic videos created in 2023 than in 2022.5
Further, 90% of deepfake pornography is found on dedicated deepfake pornography platforms.6 In response to the
prevalence of deepfakes, the Department of Homeland Security has declared that “[d]eepfakes and the misuse of
synthetic content pose a clear, present, and evolving threat to the public across national security, law enforcement,
financial, and societal domains.”7
Florida Deepfake Law
In 2022, the Florida Legislature created s. 836.13, F.S., to address deepfake images by providing a third degree
felony for the willful and malicious promotion of any altered sexual depiction8 of an identifiable person, without
the consent of the identifiable person, and for knowing that such visual depiction was an altered sexual depiction.9
The law authorizes the following civil remedies for victims:
• Injunctive relief;
• Monetary damages of $10,000 or actual damages; and
• Reasonable attorney’s fees and costs.10
1
“In 2016, 10 million people, or 2% of Americans had reported being victims of nonconsensual porn. Individuals ages 18-29
generally, and women aged 18-29 specifically, as well as LGTBQ+ Americans were victimized at even higher rates. In 2017, the
number of young Americans ages 18-29 who had become victims of nonconsensual porn jumped to 12%, an increase of over 100%. In
2019, a larger study suggests that the problem has only grown, showing a 400% increase in the number of victims from 2016. Taken
as a whole, these statistics show the number of victims continues to rise at an alarming rate even though both the legal system and
society as a whole have attempted to address the issue.” Chance Carter, NAT’L ASS’N OF ATT’Y GEN., An Update on the Legal
Landscape of Revenge Porn, https://www.naag.org/attorney-general-journal/an-update-on-the-legal-landscape-of-revenge-
porn/#identifier_4_21493 (last visited Mar. 15, 2025).
2
RAINN, RAINN’s Recommendation for Effectively Addressing Nonconsensual Manipulated Intimate Material (Deepfakes),
https://www.rainn.org/sites/default/files/import/RAINN%20on%20nonconsensual%20manipulated%20intimate%20material%20-
%20Google%20Docs.pdf#:~:text=We%20refer%20to%20imagery%2C%20video%2C%20audio%2C%20etc.%20that,or%20explicit
%20content%20as%20%E2%80%9Cnonconsensual%20manipulated%20intimate%20material%E2%80%9D (last visited Mar. 15,
2025).; see also DEPT. OF HOMELAND SEC., Increasing Threat of Deepfake Identities,
https://www.dhs.gov/sites/default/files/publications/increasing_threats_of_deepfake_identities_0.pdf (last visited Mar. 15, 2025).
3
RAINN, supra note 2.
4
Security Hero, 2023 State of Deepfakes, https://www.securityhero.io/state-of-deepfakes/#concluding-remarks (last visited Mar. 15,
2025).
5
Id.
6
Id.
7
DEPT. OF HOMELAND SEC., supra note 2.
8
Section 836.13(1)(a), F.S., defines an “altered sexual depiction” as any visual depiction that, as a result of any type of digital,
electronic, mechanical, or other modification, alteration, or adaptation, depicts a realistic version of an identifiable person: 1. With the
nude body parts of another person as the nude body parts of the identifiable person; 2. With computer-generated nude body parts as
the nude body parts of the identifiable person; or 3. Engaging in sexual conduct as defined in s. 847.001 in which the identifiable
person did not engage.
9
See s. 836.13, F.S.
10
S. 836.13(5), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
This statute may be used by victims to obtain justice from violations regarding deepfake pornography, the statute
does not currently provide for the removal of such content from online platforms.
Florida Deceptive and Unfair Trade Practices Act
FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition, and
unconscionable, deceptive, or unfair acts or practices in the conduct of trade or commerce.11 FDUTPA was modeled
after the FTC Act.12
The Department of Legal Affairs (DLA) or state attorney’s office (SAO) in the judicial circuit affected or where the
violation occurs may bring actions on behalf of consumers or governmental entities when it serves the public
interest.13 The SAO may enforce violations of FDUTPA if the violations take place within its jurisdiction. The DLA
has enforcement authority when the violation is multi-jurisdictional, the state attorney defers to the DLA in
writing, or the state attorney fails to act within 90 days after a written complaint is filed.14 In certain
circumstances, consumers may also file suit through private actions.15
The DLA and the SAO have powers to investigate FDUTPA claims, which include:16
• Administering oaths and affirmations;
• Subpoenaing witnesses or matter; and
• Collecting evidence.
The DLA and SAO may seek the following remedies:
• Declaratory judgments;
• Injunctive relief;
• Actual damages on behalf of consumers and businesses;
• Cease and desist orders; and
• Civil penalties of up to $10,000 per willful violation.17
FDUTPA may not be applied to certain entities in certain circumstances, including:18
• Any person or activity regulated under laws administered by the Office of Insurance Regulation or the
Department of Financial Services; or
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation or
federal agencies.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2022 CS/CS/SB 1798 Harding Book The bill became law on
October 1, 2022.
11
S. 501.202, F.S.
12
D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV.
1083 (Summer 2011).
13
Ss. 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct,
Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the
merits of FDUPTA and the potential for deterrence of anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on Jan. 6, 2024).
14
S. 501.203(2), F.S.
15
S. 501.211, F.S.
16
S. 501.206(1), F.S.
17
Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may also
request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
18
S. 501.212(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
OTHER RESOURCES:
Thompson Reuters, Deepfakes: Federal and state regulation aims to curb a growing threat.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Judiciary Committee
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 1161 2025
1 A bill to be entitled
2 An act relating to removal of altered sexual
3 depictions posted without consent; providing a short
4 title; amending s. 836.13, F.S.; defining the term
5 "covered platform"; requiring covered platforms to
6 establish a process for removal of altered sexual
7 depictions posted without the consent of the
8 identifiable person; providing requirements for such a
9 process; requiring notice of such a process; providing
10 immunity for good faith compliance; prohibiting
11 unreasonable failure to comply; providing remedies;
12 providing exceptions; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as "Brooke's Law."
17 Section 2. Paragraphs (b) through (e) of subsection (1) of
18 section 836.13, Florida Statutes, are redesignated as paragraphs
19 (c) through (f), respectively, a new paragraph (b) is added to
20 that subsection, subsections (6), (7), and (8) of that section
21 are renumbered as subsections (7), (8), and (9), respectively,
22 and a new subsection (6) is added to that section, to read:
23 836.13 Promotion of an altered sexual depiction;
24 prohibited acts; penalties; applicability.—
25 (1) As used in this section, the term:
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HB 1161 2025
26 (b) "Covered platform" means a website, online service,
27 online application, or mobile application that serves the public
28 and:
29 1. That primarily provides a forum for user-generated
30 content, including messages, videos, images, games, and audio
31 files; or
32 2. For which it is in the regular course of trade or
33 business of the website, online service, online application, or
34 mobile application to publish, curate, host, or make available
35 content of nonconsensual altered sexual depictions.
36 (6)(a) No later than December 31, 2025, a covered platform
37 shall establish a process whereby an identifiable person or an
38 authorized person acting on behalf of such person may:
39 1. Notify the covered platform of an altered sexual
40 depiction published on the covered platform which includes a
41 depiction of the identifiable person and was published without
42 the consent of the identifiable person; and
43 2. Submit a request for the covered platform to remove
44 such altered sexual depiction.
45 (b) A notification and request for removal of an altered
46 sexual depiction submitted under the process in paragraph (a)
47 shall include, in writing:
48 1. A physical or electronic signature of the identifiable
49 person or authorized person.
50 2. An identification of, and information reasonably
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1161 2025
51 sufficient for the covered platform to locate, the altered
52 sexual depiction of the identifiable person.
53 3. A brief statement that the identifiable person has a
54 good faith belief that any altered sexual depiction identified
55 under subparagraph 2. is not consensual, including any relevant
56 information for the covered platform to determine the altered
57 sexual depiction was published without the consent of the
58 identifiable person.
59 4. Information sufficient to enable the covered platform
60 to contact the identifiable person or authorized person.
61 (c) A covered platform shall provide on the platform a
62 clear and conspicuous notice, which may be provided through a
63 clear and conspicuous link to another web page or disclosure, of
64 the notice and removal process established under paragraph (a)
65 which:
66 1. Is easy to read and in plain language.
67 2. Provides information regarding the responsibilities of
68 the covered platform under this subsection, including a
69 description of how a person can submit a notification and
70 request for removal.
71 (d) Upon receiving a valid removal request from an
72 identifiable person or an authorized person using the process
73 described in paragraph (a), a covered platform shall, as soon as
74 possible, but not later than 48 hours after receiving such
75 request:
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HB 1161 2025
76 1. Remove the altered sexual depiction.
77 2. Make reasonable efforts to identify and remove any
78 known identical copies of such altered sexual depiction.
79 (e) A covered platform shall not be liable for any claim
80 based on the covered platform's good faith disabling of access
81 to, or removal of, material claimed to be a nonconsensual
82 altered sexual depiction based on facts or circumstances from
83 which the unlawful publishing of an altered sexual depiction is
84 apparent, regardless of whether the altered sexual depiction is
85 ultimately determined to be unlawful.
86 (f) In addition to the remedies under subsection (5), a
87 failure to reasonably comply with the notice and removal
88 obligations under this subsection shall be treated as a an
89 unfair or a deceptive act or practice under part II of chapter
90 501, and the person or entity responsible shall be subject to
91 the penalties and remedies provided in part II of chapter 501.
92 (g) This subsection does not apply to the following:
93 1. A provider of broadband Internet access service, as
94 described in 47 C.F.R. s. 8.1(b).
95 2. Electronic mail.
96 3. Except as provided in subparagraph (1)(b)2., an online
97 service, application, or website:
98 a. That consists primarily of content that is not user
99 generated but is preselected by the provider of such online
100 service, application, or website; and
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HB 1161 2025
101 b. For which any chat, comment, or interactive
102 functionality is incidental to, directly related to, or
103 dependent on the provision of the content described in
104 subparagraph a.
105 Section 3. This act shall take effect upon becoming a law.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 1161 by Rep. Duggan
Removal of Altered Sexual Depictions Posted Without Consent
AMENDMENT SUMMARY
March 19, 2025
Amendment 1 by Rep. Duggan (lines 93-94):
• Revises the exemption for providers of “broadband Internet service,” to instead exempt
providers of “information or telecommunications services.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1161 (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 Duggan offered the following:
4
5 Amendment
6 Remove lines 93-94 and insert:
7 1. A provider of information service or telecommunications
8 service, as those terms are defined in 47 U.S.C. s. 153, for
9 content provided by another person.
130789 - h1161-lines 93-94.docx
Published On: 3/18/2025 9:56:17 AM
Page 1 of 1
HB 4031
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 4031 COMPANION BILL: None
TITLE: City of Oviedo, Seminole County LINKED BILLS: None
SPONSOR(S): Plasencia RELATED BILLS: None
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
16 Y, 0 N Activities
SUMMARY
Effect of the Bill:
The bill creates a special zone within the City of Oviedo to be known as the Oviedo Arts and Entertainment
District. The bill creates an exception to the Beverage Law by requiring the Department of Business and
Professional Regulation to issue special alcoholic beverage licenses to bona fide licensees within the district to sell
alcoholic beverages in open containers for off-premises consumption inside the entertainment district. The bill
requires Oviedo City Council to specify the type, design, and color of the cups to be used by ordinance. The bill
provides that the licensee will follow all other requirements of The Beverage Law.
Fiscal or Economic Impact:
The bill may have an indeterminant positive fiscal impact on local revenues from increases in sales tax revenue,
licensing revenue, and ad valorem revenue.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides a legal description of a special zone within the City of Oviedo that the bill designates as the Oviedo
Arts and Entertainment District. (Section 1)
The bill creates an exception to the Beverage Law by requiring the Department of Business and Professional
Regulation to issue special alcoholic beverage licenses to bona fide licensees operating validly licensed premises in
the Oviedo Arts and Entertainment District. The special license, or modification of an existing license, allows the
licensee to sell alcoholic beverages in open containers for consumption on the premises, but which may be carried
off the premises to be consumed elsewhere in the entertainment district. (Section 2)
The bill requires the Oviedo City Council to specify the type, design, and color of the cups to be used by ordinance.
(Section 2)
The bill provides that the licensee will follow all other requirements of the Beverage Law. (Section 2)
The bill provides an effective date of upon becoming a law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminant positive fiscal impact on local revenues from increases in sales tax, licensing
revenue, and ad valorem tax revenue.
STORAGE NAME: h4031b.IPA
DATE: 3/17/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and Professional
Regulation (DBPR) is responsible for regulating the conduct, management, and operation of the manufacturing,
packaging, distribution, and sale of alcoholic beverages within the state.1 Chapters 561-565 and 567-568, F.S.,
comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling malt
beverages or wine. However, the statute limits the number of licenses that may be issued for the sale of liquor or
distilled spirits is limited to one license per 7,500 residents per county with a minimum of three licenses per
county that has approved the sale of intoxicating liquors.2 This license, often referred to as a “quota license,” allows
a business to sell any alcoholic beverage regardless of alcoholic content, including liquor or distilled spirits.3
There are several exceptions to the quota license limitation, and businesses that meet the requirements set out in
one of the exceptions may be issued a special license by DBPR, allowing the business to serve any alcoholic
beverages regardless of alcohol content.
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed premises.4 DBPR may
approve a temporary expansion of the licensed premises to include a sidewalk or other outdoor area for special
events. The business must pay an application fee of $100, stipulate the timeframe for the special event, submit a
sketch outlining the expanded premises, and submit written approval from the county or municipality.
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.5 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website6 at least 30 days prior to the
introduction of the local bill in the House or Senate.7 The bill was noticed in the Orlando Sentinel on January 11,
2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible.8 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 561.20, F.S.
4 See s. 561.01(11), F.S. (definition of “licensed premises”).
5 Art. III, s. 10, Fla. Const.
6 S. 50.0311(2), F.S.
7 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website has
been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must be at
the courthouse.
8 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Feb. 25, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 16 Y, 0 N 3/12/2025 Darden Burgess
Subcommittee
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs Committee
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 4031 2025
1 A bill to be entitled
2 An act relating to the City of Oviedo, Seminole
3 County; designating boundaries of an arts and
4 entertainment district; providing an exception to
5 general law; authorizing the Division of Alcoholic
6 Beverages and Tobacco of the Department of Business
7 and Professional Regulation to issue special licenses
8 or modify existing licenses for bona fide licensees
9 operating within such entertainment district for the
10 sale of certain alcoholic beverages for consumption
11 off the premises; providing that special licenses or
12 modifications of existing licenses are in addition to
13 certain other authorized temporary permits; requiring
14 the bona fide licensees to comply with all other
15 statutory requirements; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. There is created a special zone within the City
20 of Oviedo to be known as the "Oviedo Arts and Entertainment
21 District," more particularly described as follows:
22
23 Commence at the southeast corner of the southeast 1/4
24 of the southwest 1/4 of Section 15, Township 21 south,
25 Range 31 east, Seminole County, Florida, run n
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26 00°39'29" w, along the east line of the southwest 1/4
27 of said Section 15, 100.02 feet to the north right of
28 way line of Mitchell Hammock Road; thence departing
29 said east line, S 89°36'52" W. along said north right
30 of way line, 52.36 feet to the west right of way line
31 of Tract A; thence departing said north right of way
32 line, N 00°38'13" W. along said west right of way
33 line, 243.59 feet to the north line of LOT 3, West Of
34 Eden Replat, according to the plat thereof, as
35 recorded in Plat Book 55, Page 68 Of The Public
36 Records Of Seminole County, Florida and the point of
37 beginning; thence departing said west right of way
38 line, S 89°38'19" W. Along said north line, 252.20
39 feet to the east line of Lot 2 Of Said West Of Eden
40 Replat; thence departing said north line. N 00°20'05"
41 W. Along said east line, 556.88 feet to a point on the
42 north line of said Lot 2, said point also being on the
43 south line of Lot 4 of the aforesaid West of Eden
44 Replat; thence departing said east line. S 89°39'55"
45 W. along said north line. 360.02 feet to the west line
46 of said Lot 4; thence departing said north line, N
47 00°41'16" W. Along said west line, 517.59 feet to a
48 point on the south right of way line of the aforesaid
49 Tract A, said point also being a point on a nontangent
50 curve concave southerly having a radius of 670.00 feet
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51 and a chord that bears s 84°46'27" E for a distance of
52 128.49 feet; thence through a central angle of
53 11°00'17"; run easterly along the arc of said curve,
54 128.69 feet to the point of tangency; thence S
55 79°16'18" E, 76.89 feet to a point of curvature of a
56 curve concave northerly having a radius of 430.00
57 feet; thence through a central angle of 23°50'12 run
58 easterly along the arc of said curve, 178.89 feet to a
59 point of reverse curvature of a curve concave
60 southerly having a radius of 470.00 feet; thence
61 through a central angle of 18°10'01 run easterly along
62 the arc of said curve 149.03 feet to the point of
63 tangency; thence s 84°56'29" E. 91.28 feet to a point
64 on the west right of way line of the aforesaid tract
65 a, said point also being a point on a nontangent curve
66 concave westerly having a radius of 525.00 feet and a
67 chord that bears s 19°54'41" w for a distance of
68 210.74 feet; thence through a central angle of
69 23°09'22 run southerly along the arc of said curve
70 212.18 feet to a point of reverse curvature of a curve
71 concave easterly having a radius of 315.00 feet;
72 thence through a central angle of 82'02'26 run
73 southerly along the arc of said curve, 451.04 feet to
74 a point of nontangency; thence departing said curve, S
75 00°38'13" E, 444.88 feet to the point of beginning and
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76 commence at the southeast corner of the southeast 1/4
77 of the southwest 1/4 of Section 15, Township 21 south,
78 Range 31 east, Seminole County, Florida, run N
79 00°39'29" W. Along the east line of the southwest 1/4
80 of said Section 15, 100.02 feet to the north right of
81 way line of Mitchell Hammock Road; thence departing
82 said east line, S 89°36'52" W. Along said north right
83 of way line, 52.36 feet to the west right of way line
84 of Tract A; thence departing said north right of way
85 line, N 00°38'13" W. along said west right of way
86 line. 243.59 feet to the north line of Lot 3, West Of
87 Eden Replat, according to the plat thereof, as
88 recorded in plat book 55, page 68 of the public
89 records of Seminole County, Florida; thence departing
90 said west right of way line, S 89°38'19" W. along said
91 north line, 252.20 feet to the east line of Lot 2 of
92 said West Of Eden Replat; thence departing said north
93 line, N 00°20'05" W. along said east line. 556.88 feet
94 to a point on the north line of said Lot 2, said point
95 also being on the south line of Lot 4 of the aforesaid
96 West Of Eden Replat; thence departing said east line,
97 S 89°39'55" W. along said north line, 360.02 feet to
98 the west line of said Lot 4; thence departing said
99 north line, N 00°41'16" W. Along said westline, 577.60
100 feet to the point of beginning, said point also being
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HB 4031 2025
101 a point on the north right of way line of the
102 aforesaid Tract A; thence continue N 00°41'16" W.
103 along said westline, 174.07 feet to the north line of
104 the south 1/2 of the southeast 1/4 of the northeast
105 1/4 of the southwest 1/4 of the aforesaid Section 15;
106 thence departing said west line, N 89°44'00" E, along
107 said north line. 627.55 feet to a point on the
108 aforesaid west right of way line of Tract A; thence
109 departing said north line and along said west right of
110 way line, S 00°16'00" E, 178.40 feet to a point of
111 curvature of a curve concave westerly having a radius
112 of 525.00 feet; thence through a central angle of
113 02°02'55", run southwesterly along the arc of said
114 curve, 18.77 feet to a point on the north right of way
115 line of the aforesaid TRACT A; thence departing said
116 west right of way line. N 84°56'29" W. along said
117 north right of way line. 91.28 feet to the point of
118 curvature of a curve concave southerly having a radius
119 of 530.00 feet; thence through a central angle of
120 18°10'01 run westerly along the arc of said curve
121 168.05 feet to a point of reverse curvature of a curve
122 concave northerly having a radius of 370.00 feet;
123 thence through a central angle of 23°50'12 run
124 westerly along the arc of said curve 153.93 feet to
125 the point of tangency; thence N 79°16'18" W, 76.89
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126 feet to a point of curvature of a curve concave
127 southerly having a radius of 730.00 feet; thence
128 through a central angle of 11°02'19", run westerly
129 along the arc of said curve 140.64 feet to the point
130 of beginning and Lot 3, West Of Eden Replat. according
131 to the plat thereof, as recorded in plat book 55, page
132 67 of the public records of Seminole County, Florida,
133 less that portion described as follows: beginning at
134 the southeast corner of Lot 3, West Of Eden Replat,
135 according to the plat thereof, as recorded in plat
136 book 55, page 67 of the Public Works Of Seminole
137 County, Florida run s 89°36'52" w, along the south
138 line of said Lot 3, 52.36 feet to the west right of
139 way line of Tract A; thence departing said south line
140 N 00°38'13" W, along said west right of way line,
141 243.59 feet to a point on the north line of the
142 aforesaid Lot 3; thence departing said west right of
143 way line, N 89°38'19" E, along said north line. 52.27
144 feet to the east line of said Lot 3; thence departing
145 said north lines 00°39'29" E. Along said east line,
146 243.57 feet to the point of beginning and commence at
147 the southeast corner of the southeast 1/4 of the
148 southwest 1/4 of Section 15, Township 21 south, Range
149 31 east Seminole County, Florida, run N 00°39'29" W,
150 along the east line of the southwest 1/4 of said
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151 Section 15, 100.02 feet to the north right of way line
152 of Mitchell Hammock Road; thence departing said east
153 line, S 89°52'45" E, along said north right of way
154 line, 47.65 feet to the east right of way line of
155 Tract A; thence departing said north right of way
156 line, N 00°38'13" W, along said east right of way
157 line, 243.97 feet to the point of beginning; thence
158 continue N 00°38'13" W, along said east right of way
159 line, 367.54 feet to the south right of way line of
160 said Tract A, said point also being a point on a
161 nontangent curve concave northerly having a radius of
162 335.00 feet, a chord that bears S 82°49'26" E for a
163 distance of 117.09 feet; thence through a central
164 angle of 20°07'44"; run easterly along the arc of said
165 curve, 117.69 feet; thence departing said curves
166 00°38'13" E, 352.18 feet; thence S 89'38'19" W, 116.00
167 feet to the point of beginning and commence at the
168 southeast corner of the southeast 1/4 of the southwest
169 1/4 of Section 15, Township 21 south, Range 31 East
170 Seminole County, Florida, run N 00°39'29" W. Along
171 the east line of the southwest 1/4 of said Section 15,
172 100.02 feet to the north right of way line of Mitchell
173 Hammock Road; thence departing said east line, S
174 89'52'45" E, along said north right of way line, 47.65
175 feet to the east right of way line of tract a and the
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176 point of beginning; thence departing said north right
177 of way line, N 00°38'13 W. Along said east right of
178 way line, 243.97 feet; thence departing said east
179 right of way line N 89°38'19• E, 116.00 feet; thence n
180 00°38'13" W. 352.18 feet to the south right of way
181 line of said Tract A, said point also being a point on
182 a nontangent curve: concave: northerly having a radius
183 of 335.00 feet, a chord that bears N 63°44'19" E for a
184 distance of 265.80 feet, thence through a central
185 angle of 46°44'45", run easterly along the arc of said
186 curve:, 273.32 feet; thence departing said curve: S
187 49°38'04" E, 81.67 feet; thence S 40°21'56" W. 50.51
188 feet; thence S 00°38'13" E, 443.48 feet; thence N
189 89°21'47" E, 229.08 feet; thence S 00°38'13" E, 183.47
190 feet to the aforesaid north right of way line of
191 Mitchell Hammock Road; thence N 89°52'45" W. Along
192 said north right of way line, 613.29 feet to the point
193 of beginning and commence at the southeast corner of
194 the southeast 1/4 of the southwest 1/4 of Section 15,
195 Township 21 south, Range 31 east Seminole County,
196 Florida, run N 00°39'29" W. Along the east line of the
197 southwest 1/4 of said Section 15, 100.02 feet to the
198 north right of way line of Mitchell Hammock Road;
199 thence departing said east line, S 89°52'45" E, along
200 said north right of way line, 660.94 feet to the point
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HB 4031 2025
201 of beginning; thence departing said north right of way
202 line, N 00°38'13" W. 183.47 feet; thence S 89°21'47"
203 W. 229.08 feet; thence N 00°38'13 W. 443.48 feet;
204 thence N 40°21'56" E, 50.51 feet; thence N 49°38'04"
205 W. 81.67 feet to the east right of way line of Tract
206 A, said point also being on a non tangent curve:
207 concave: westerly having a radius of 335.00 feet. A
208 chord that bears N 20°10'58" E for a distance of
209 231.16 feet; thence through a central angle of
210 40°21'56", run northeasterly along the arc of said
211 curve:, 236.01 feet to a point of tangency; thence
212 continue along said east right of way line N 00°00'00"
213 E. 135.61 feet to a point of curvature of a curve:
214 concave: southeasterly having a radius of 150.00 feet;
215 thence through a central angle of 89°21'47", run
216 northeasterly along the arc of said curve: 233.95 feet
217 to the point of tangency; thence N 89°21'47" E, 485.59
218 feet to the west right of way line of proposed
219 division street; thence departing said east right of
220 way line S 00°38'13 E, along said west right of way
221 line, 1209.76 feet, thence S 52°58'44" W. 24.84 feet
222 to the aforesaid north right of way line of Mitchell
223 Hammock Road; thence departing said west right of way
224 linen 89°52'45" W. along said north right of way line,
225 441.72 feet to the point of beginning and commence at
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226 the southeast corner of the southeast 1/4 of the
227 southwest 1/4 of Section 15, Township 21 south, Range
228 31 East Seminole County, Florida, run N 00°39'29" W,
229 along the east line of the southwest 1/4 of said
230 Section 15, 100.02 feet to the north right of way line
231 of Mitchell Hammock Road; thence departing said east
232 line, S 89°52'45" E, along said north right of way
233 line, 1102.66 feet to the west right of way line of
234 Division Street; thence departing said north right of
235 way linen 52°58'44" E, along said west right of way
236 line, 24.84 feet; thence N 00°38'13 W. 1309.76 feet to
237 the north right of way line of Tract A and the point
238 of beginning; thence departing said west right of way
239 line, S 89°21'47" W. Along said north right of way
240 line, 490.59 feet; thence S 00°38'13" E, 20.05 feet to
241 a point on a non tangent curve: concave: southerly
242 having a radius of 230.00 feet, a chord that bears S
243 75°58'54" W for a distance of 96.70 feet; thence
244 through a central angle of 24°16'17 run westerly along
245 the arc of said curve: 97.42 feet to the eastern most
246 line of Lot 6; thence departing said north right of
247 way linen 24°15'57" W. 90.53 feet to a point on the
248 perimeter of the protection easement; thence departing
249 said eastern most line and along the perimeter of the
250 protection easement for the following three courses: N
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251 53°22'35" E, 9.76 Feet, Thence N 33'56'13" E, 118.00
252 Feet; Thence N 35°04'03" E, 115.41 feet; thence
253 departing said perimeter linen 89°44'00" E, 476.54
254 feet to the aforesaid west right of way line of
255 Division Street, said point also being on a non
256 tangent curve: concave: westerly having a radius of
257 135.00 feet. A chord that bears S 05°50'03" E for a
258 distance of 24.46 feet; thence through a central angle
259 of 10°23'40 run southerly along the arc of said curve,
260 24.49 feet to a point of tangency; thence S 00'38'13"
261 E, 209.68 feet to the point of beginning and commence
262 at the southeast corner of the southeast 1/4 of the
263 southwest 1/4 of Section 15, Township 21 south, Range
264 31 east, Seminole County, Florida, Run N 00°39'29" W.
265 Along the east line of the southwest 1/4 of said
266 Section 15, 100.02 feet to the north right of way line
267 of Mitchell Hammock Road; thence departing said east
268 line, S 89°36'52" W. Along said north right of way
269 line, 52.36 to the west right of way line of Tract A;
270 thence departing said north right of way line N
271 00°38'13 W. Along said west right of way line, 688.47
272 feet to a point on a non tangent curve: concave:
273 easterly having a radius of 315.00 feet, a chord that
274 bears N 09°31'51" W for a distance of 413.49 feet;
275 thence through a central angle of 82°02'26 run
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276 northerly along the arc of said curve:, 451.04 feet to
277 a point of reverse curvature of a curve: concave:
278 westerly having a radius of 525.00 feet; thence
279 through a central angle of 31°45'22", run northerly
280 along the arc of said curve: 290.98 feet to the point
281 of tangency; thence N 00°16'00" W, 178.40 feet to a
282 point on the north line of the south 1/2 of the
283 southeast 1/4 of the northeast 1/4 of the southwest
284 1/4 of the aforesaid Section 15; thence departing said
285 west right of way line 89°44'00" E, along said north
286 line and the easterly extension of said north line,
287 60.00 feet to a point on the perimeter of the
288 protection easement; thence continue along said
289 perimeter for the following ten courses: S 00°16'00"
290 E, 27.22 feet to the point of beginning; thence S
291 33°53'37" E, 24.24 feet; thence S 67°47'58" E, 76.54
292 feet; thence S 48°30'37" E, 77.34 feet, thence S
293 61°47'11" E, 71.09 feet; thence S 22°19'35" E, 45.02
294 feet; thence S 58°30'47" E, 56.08 feet; thence S
295 89°22'52" E,80.88 feet; thence N 75°43'09" E, 120.92
296 FEET, thence N 53°22'35' E, 13.05 feet; thence
297 departing said perimeter S 24'15'57" E, 90.53 feet to
298 the north right of way line of the aforesaid Tract A,
299 said point being a point on a non tangent curve:
300 concave: southeasterly having a radius of 230.00 Feet,
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301 a chord that bears S 31°55'23" W for a distance of
302 243.24 feet; thence through a central angle of
303 63°50'45 run southwesterly along the arc of said
304 curve: 256.29 feet to the point of tangency; thence S
305 00°00'00" W. 135.61 feet to the point of curvature of
306 a curve: concave: westerly having a radius of 255.00
307 feet; thence through a central angle of 6°19'29 run
308 southerly along the arc of said curve: 28.15 feet to
309 the north line of LOT 7; thence departing the
310 aforesaid north right of way line N 83°40'31" W. 80.00
311 feet to a point on the perimeter of Tract 8, said
312 point also being on a non tangent curve: concave:
313 westerly having a radius 175.00 feet. A chord that
314 bears N 03°09'44" E for a distance of 19.31 Feet;
315 thence departing said north line and along the
316 perimeter of said Tract B, through a central angle of
317 6°19'29" run northerly along the arc of said curve:
318 19.32 feet to the point of tangency; thence N
319 00°00'00" w, 132.37 feet to the point of curvature of
320 a curve: concave: southwesterly having a radius of
321 100.00 feet; thence through a central angle of
322 78'24'13 run northwesterly along the arc of said
323 curve: 136.84 feet to a point of reverse curvature of
324 a curve: concave: northerly having a radius of 325.00;
325 thence through a central angle of 16°28'55", run
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326 northwesterly along the arc of said curve: 93.49 feet
327 to the point of reverse curvature of a curve: concave
328 southerly having a radius of 100.00 feet; thence
329 through a central angle of 95°54'33", run
330 southwesterly along the arc of said curve: 167.39 feet
331 to the point of reverse curvature of a curve concave
332 westerly having a radius of 625.00; thence through a
333 central angle of 10°00'16 run southerly along the arc
334 of said curve: 109.13 feet to the point of reverse
335 curvature of a curve: concave: northeasterly having a
336 radius of 185.00; thence through a central angle of
337 128°25'58", run southeasterly along the arc of said
338 curve 414.69 feet to the point of nontangency of a
339 curve: concave northerly having a radius of 175.00
340 feet, a chord that bears N 85°07'32" E for a distance
341 of 61.14 feet; thence through a central angle of
342 20°07'14", run easterly along the arc of said curve
343 61.45 feet to the southwestern most line of Lot 7;
344 thence departing the aforesaid perimeter of Tract 8, S
345 14°56'05" E, along said southwestern most line of Lot
346 7, 80,00 feet to the north right of way line of Tract
347 A. said point also being a point on a non tangent
348 curve: concave: northeasterly having a radius of
349 255.00, a chord that bears N 36°43'21" W for a
350 distance of 473.57; thence departing said southwestern
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4031 2025
351 most line and through a central angle of 136°25'27",
352 run northwesterly along the arc of said curve 607.17
353 feet to a point of reverse curvature of a curve:
354 concave westerly having a radius of 585.00 feet;
355 thence through a central angle of 31°45'22", run
356 northerly along the arc of said curve 324.24 feet to
357 the point of tangency, thence N 00°16'00" W. 151.19
358 feet to the point of beginning and commence at the
359 southeast corner of the southeast 1/4 of the southwest
360 1/4 OF Section 15, Township 21 SOUTH, Range 31 East
361 Seminole County, Florida, Run N 00°39'29" W. Along the
362 east line of the southwest 1/4 of said Section 15,
363 100.02 feet to the north right of way line of Mitchell
364 Hammock Road; thence departing said eastline, s
365 89°36'52" w. Along said north right of way line, 52.36
366 feet to the west right of way line of Tract A; thence
367 departing said north right of way line for the
368 following four courses: N 00°38'13" W. Along said west
369 right of way line, 688.47 feet to a point on a
370 nontangent curve concave easterly having a radius of
371 315.00 feet, a chord that bears N 09°31'51" W for a
372 distance of 413.49 feet,· thence through a central
373 angle of 82°02'26", run northerly along the arc of
374 said curve, 451.04 feet to a point of reverse
375 curvature of a curve concave westerly having a radius
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HB 4031 2025
376 of 525.00 feet; thence through a central angle of
377 31°45'22 run northerly along the arc of said curve,
378 290.98 feet to a point of tangency; thence N 00°16'00"
379 W. 178.40 feet to the north line of the south 1/2 of
380 the southeast 1/4 of the northeast 1/4 of the
381 southwest 1/4 of the aforesaid Section 15; thence
382 departing said west right of way line, N 89°44'00" E,
383 along said north line, 60.00 feet to the east right of
384 way line of the aforesaid Tract A; thence departing
385 said north line for the following three courses: S
386 00°16'00" E, along said east right of way line, 178.40
387 feet to a point of curvature of a curve concave
388 northwesterly having a radius of 585.00 feet; thence
389 through a central angle of 31'45'22". Run southerly,
390 324.24 feet to a point of reverse curvature of a curve
391 concave northeasterly having a radius of 255.00 feet;
392 thence through a central angle of 136'25'27", run
393 southeasterly through the arc of said curve, 607.17
394 feet to the point of beginning; thence departing said
395 east right of way line, N 14°56'05" W. 80.00 feet to a
396 point on a nontangent curve concave northwesterly
397 having a radius of 175.00 feet, a chord that bears N
398 40°41'42" E for a distance of 197.59 feet; thence
399 through a central angle of 68'44'26 run northeasterly
400 along the arc of said curve, 209.96 feet; thence,
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401 departing said curve, S 83°40'31" E, 80.00 feet to a
402 point on the north right of way line of Tract A, said
403 point also being a point on a nontangent curve concave
404 northwesterly having a radius of 255.00 feet, a chord
405 that bears S 40°41'42" W for a distance of 287.92
406 feet; thence through a central angle of 68°44'26", run
407 southwesterly along said north right of way line and
408 the arc of said curve, 305.93 feet to the point of
409 beginning and commence at the southeast corner of the
410 southeast 1/4 of the southwest 1/4 of Section 15,
411 Township 21 south, Range 31 east, Seminole County,
412 Florida, thence N 00°39'29" W. along the east line of
413 the southwest 1/4 of said Section 15, 1802.98 feet to
414 the point of beginning; thence continue N 00°39'29" W,
415 along said eastline, 1408.98 feet; thence departing
416 said east line for the following thirty two (32)
417 courses: N 89°48'14" E, 158.88 feet,· thence S
418 01'55'32" E, 6.14 feet; thence S 25°24'18" W. 8.40
419 feet; thence S 30°13'29" W. 44.48 feet; thence S
420 23°37'36" W. 15.66 feet; thence S 40°40'50" E, 17.71
421 feet; thence S 34°56'15" E, 8.73 feet; thence S
422 05°29'13" E, 20.80 feet; thence S 14°07'32" E, 8.50
423 feet; thence S 46°00'57" E, 18.46 FEET; THENCE S
424 42°26'29" E, 9.86 feet; thence S 29°54'06" E, 20.64
425 feet; thence S 42°19'23" E, 33.58 feet; thence S
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HB 4031 2025
426 32°23'24" E, 76.26 feet; thence S 61°48'21" W. 15.56
427 feet; thence S 04°43'15" W. 67.61 feet,· thence S
428 03°31'19" W. 95.09 feet; thence S 12°16'46" E, 104.49
429 feet; thence S 11°14'54" W. 83.00 feet; thence S
430 24°01'37" W. 70.98 feet; thence S 06°36'57" W. 137.77
431 feet; thence S 05°17'29" W. 31.48 feet; thence S
432 06°28'45" W. 68.51 feet; thence S 14°45'46" W. 81.22
433 feet; thence S 10°09'03" E, 52.19 FEET; THENCE S
434 19°58'05" E, 77.56 feet; thence S 13°46'14" W. 91.42
435 feet; thence S 23°35'47" W. 101.42 feet; thence S
436 29°15'38" W. 91.22 feet; thence S 44°22'21" W. 26.53
437 feet; thence S 41°09'48" W. 29.79 feet; thence S
438 72°29'48" W. 21.29 feet to the point of beginning and
439 commence at the southeast corner of the southeast 1/4
440 of the southwest 1/4 of Section 15, Township 21 south,
441 Range 31 east, Seminole County, Florida, thence N
442 00°39'29" W. along the east line of the southwest 1/4
443 of said Section 15, 100.02 feet to the north right of
444 way line of Mitchell Hammock Road; thence departing
445 said east lines 89°52'45" E, along said north right of
446 way line, 1102.66 feet to a point on the west right of
447 way line of Division Street,· thence departing said
448 north right of way line N 52°58'07" E, along said west
449 right of way line, 24.84 feet; thence N 00°38'13" W.
450 1519.44 feet to the point of curvature of a curve
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451 concave westerly having a radius of 135.00 feet;
452 thence through a central angle of 10°23'40"; run
453 northerly along the arc of said curve and said west
454 right of way line, 24.49 feet to the point of
455 beginning; thence departing said west right of way
456 line for the following forty (40) courses: S 89°44'00"
457 W. 476.54 feet; thence N 35°04'03" E, 48.53 feet,·
458 thence N 08°28'10" E, 41.54 feet; thence N 06°57'47"
459 E, 75.91 feet; thence N 12°43'14" E, 78.09 feet;
460 thence N 07°25'27" E, 91.90 feet; thence N 02°38'21"
461 E, 65.41 feet; thence N 08°05'51" E, 90.58 feet;
462 thence N 08°42'35" E, 56.45 feet; thence N 13°00'29"
463 W. 64.26 feet; thence N 29°37'46" W. 41.31 feet;
464 thence N 34°57'10"W. 65.24 feet,· thence N 29°27'01"
465 W. 48.35 feet; thence N 50°27'48" W. 82.03 feet;
466 thence N 74°44'53" W. 100.34 feet,· thence N 37°27'53"
467 W. 40.93 feet; thence N 08°04'33" W. 55.62 feet;
468 thence N 28°22'47" W. 46.99 feet; thence N 21°03'46"
469 W. 66.85 feet; thence N 14°26'49" W. 44.34 feet;
470 thence N 28°07'48" W. 47.55 feet; thence N 28°33'42"
471 W. 46.25 feet; thence N 34°58'49" W. 42.38 feet;
472 thence N 24°08'53" W. 59.12 feet; thence N 43°45'56"
473 W. 58.22 feet; thence N 32°23'24"" W. 76.26 feet;
474 thence N 42°19'23" W. 33.58 feet; thence N 29°54'06"
475 W. 20.64 feet; thence N 42°26'29" W. 9.86 feet; thence
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HB 4031 2025
476 N 46°00'57" W. 18.46 feet; thence N 14°07'32" W. 8.50
477 feet; thence N 05°29'13" W. 20.80 feet; thence N
478 34°56'15" W. 8.73 feet; thence N 40°40'50" W. 17.71
479 feet; thence N 23°37'36" E. 15.66 feet,· thence N
480 30°13'29" E, 44.48 feet; thence N 25°24'18" E, 8.40
481 feet; thence N 01°55'32" W. 6.14 feet; thence: N
482 89°48'14" E, 220.66 feet to a point on the aforesaid
483 west right of way line of Division Street; THENCE S
484 00°39'29" E along said west right of way line, 63.66
485 feet to the point of curvature of a curve concave
486 northeasterly having a radius of 650.00 feet; thence
487 through a central angle: of 45°04'20 run southeasterly
488 along the arc of said curve and said west right of way
489 line:, 511.33 feet to a point of tangency; thence: S
490 45°43'49" E, 215.27 feet to the point of curvature of
491 a curve concave southwesterly having a radius of
492 600.00 feet; thence through a central angle of
493 43°22'17", run southeasterly along the arc of said
494 curve and said west right of way line, 454.18 feet to
495 a point of tangency; thence S 02°21'32" E, 120.93 feet
496 to a point of non tangency of a curve concave
497 northeasterly having a radius of 87.00 feet and a
498 chord that bears S 22°19'23" E for a distance of
499 167.98 feet; thence through a central angle of
500 149°46'09 run southeasterly along the arc of said
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501 curve and said west right of way line:, 227.41 feet to
502 a point of nontangency; thence S 42°17'13" E, 187.44
503 feet to the point of curvature of a curve concave
504 southwesterly having a radius of 135.00 feet; thence
505 through a central angle of 31°15'20 run southeasterly
506 along the arc of said curve and said west right of way
507 line, 73.64 feet to the point of beginning and Lot 2
508 West of Eden as recorded in Plat Book 43, Pages 99 &
509 100 of the Public Records of Seminole County, Florida
510 Together with the Northwest 1/4 of the Southwest 1/4
511 of the Southwest 1/4 of Section 15, Township 21 South,
512 Range 31 East, Seminole County Florida.
513
514 Section 2. (1) Notwithstanding chapter 561, Florida
515 Statutes, and any other provision of law, the Division of
516 Alcoholic Beverages and Tobacco of the Department of Business
517 and Professional Regulation shall issue, for bona fide licensees
518 operating validly licensed premises within the Oviedo Arts and
519 Entertainment District, at all times and throughout the entirety
520 of the arts and entertainment district unless prohibited or
521 limited in geographical area by the Oviedo City Council or its
522 designee, a special license or modify an existing license to
523 sell alcoholic beverages for consumption on the premises, in
524 open containers, to be removed from the premises by patrons and
525 consumed within the entertainment district. The type, design and
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HB 4031 2025
526 color of the open container to be removed from the premises
527 shall be identified by act of the City of Oviedo City Council.
528 (2) The special licenses or modifications of existing
529 licenses authorized by this act are in addition to any other
530 temporary permits authorized pursuant to chapter 561, Florida
531 Statutes.
532 (3) The bona fide licensees shall comply with all other
533 requirements of The Beverage Law during the special allowances
534 authorized by this act.
535 Section 3. This act shall take effect upon becoming a law.
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HB 4053
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 #: CS/HB 4053 COMPANION BILL: None
TITLE: Duval County LINKED BILLS: None
SPONSOR(S): Duggan RELATED BILLS: None
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
16 Y, 0 N, As CS Activities
SUMMARY
Effect of the Bill:
The bill provides an exception to the Beverage Law allowing the Department of Business and Professional
Regulation to issue special alcoholic beverages licenses to event centers that meet certain requirements in
Jacksonville’s Urban Transition Area.
Fiscal or Economic Impact:
The bill may have an indeterminant positive fiscal impact on local revenues from increases in sales tax revenue,
licensing revenue, and ad valorem revenue.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides an exception to the Beverage Law to allow the Department of Business and Professional
Regulation’s Division of Alcoholic Beverages and Tobacco (Division) to issue a special alcoholic beverages license
to event centers in the City of Jacksonville’s Urban Transition Area that meets certain requirements. The bill
defines an event center as a facility that hosts events with ticketed entrance and does not otherwise market itself
as a food service establishment. The bill further provides that a qualifying event center has an occupancy of 1,100
to 1,400 people and derives no less than 51 percent of its annual gross income from the sale of event center tickets,
food, and nonalcoholic beverages. (Section 1)
The bill provides the Division may revoke or suspend any license issued pursuant to the bill for violations of the
Beverage Law. (Section 1)
The bill provides a metes and bounds property description of the Urban Transition Area. (Section 2)
The bill has an effective date of upon becoming law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminant positive fiscal impact on local revenues from increases in sales tax revenue,
licensing revenue, and ad valorem revenue.
STORAGE NAME: h4053b.IPA
DATE: 3/17/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Regulation of Alcoholic Beverages
Florida’s Beverage Law1 regulates the manufacture, distribution, and sale of beer, wine, and liquor.2 The Division of
Alcoholic Beverages and Tobacco (division) in the Department of Business and Professional Regulation (DBPR)
administers and enforces the Beverage Law.3 Under the Beverage Law, there is not a limit on the number of
licenses DBPR may issue to businesses selling malt beverages or wine. However, the number of licenses for selling
distilled spirits to one license per 7,500 residents within the county with a minimum of three licenses per county
that has approved the sale of intoxicating liquors.4 These licenses are known as quota licenses and are the only
alcoholic beverage license type that is limited in number.
Special Licenses
There are several exceptions to the quota license limitation.5 DBPR may issue a special license to businesses that
meet the requirements set out in one of the exceptions. The special license allows businesses to serve any alcoholic
beverages regardless of alcohol content. For example, a caterer may qualify for an exemption if it is licensed by the
Division of Hotels and Restaurants under ch. 509, F.S. and derives at least 51 percent of its gross food and beverage
revenue from the sale of food and nonalcoholic beverages at each catered event.6 Current law also allows DBPR to
issue special licenses to civic centers or sports arenas7 and performing arts centers.8
Urban Transition Area
The City of Jacksonville’s Urban Transition Area (UTA) is the area bounded by I-95 and Dellwood Avenue on the
north, the St. Johns River on the east and south, and Margaret Street to the west.9 Current law provides for twelve
special zones in the City of Jacksonville, within which DBPR may issue special alcoholic beverage licenses to certain
types of establishments meeting certain revenue requirements.10
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.11 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website12 at least 30 days prior to the
introduction of the local bill in the House or Senate.13 The bill was noticed in the Jacksonville Daily Record on
January 16, 2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
1 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs., 561, 562, 563, 564, 565, 567, and 568, F.S.
2 S. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2), F.S.
6 S. 561.20(2)(a)5., F.S. See Rule 61A-1.020, F.A.C.
7 S. 561.20(2)(h), F.S., authorizes the division to issue a license for consumption on the premises to any civic center authority
or sports arena authority authorized by state law or by a local government ordinance or which is otherwise owned by a
political subdivision of Florida.
8 S. 561.20(2)(j), F.S., authorizes the division to issue a license for consumption on the premises to a performing arts center for
consumption at an artistic, educational, cultural, promotional, civic, or charitable event authorized or offered by the center.
9 City of Jacksonville Ordinances, 656.399.19 Identification of Character Areas (last visited Feb. 27, 2025).
10 Ch. 87-471, as amended by chs. 2011-255, 2016-248, 2017-213, 2022-259, and 2023-342, Laws of Fla.
11 Art. III, s. 10, Fla. Const.
12 S. 50.0311(2), F.S.
13 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
possible.14 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement Form
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 16 Y, 0 N, As CS 3/12/2025 Darden Jones
Subcommittee
THE CHANGES ADOPTED BY THE Adds a property description for the Urban Transition Area.
COMMITTEE:
Industries & Professional Activities Anstead Garcia
Subcommittee
State Affairs Committee
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
14 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Feb. 28, 2025).
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
CS/HB 4053 2025
1 A bill to be entitled
2 An act relating to Duval County; providing space and
3 seating requirements for the issuance of special
4 alcoholic beverage licenses to event centers;
5 providing an exception to general law; providing
6 boundaries; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Notwithstanding s. 561.20, Florida Statutes,
11 the Division of Alcoholic Beverages and Tobacco of the
12 Department of Business and Professional Regulation may issue
13 special alcoholic beverage licenses to event centers in the
14 Urban Transition Area North of Park Street which have an
15 occupancy between 1,100 and 1,400 people and derive no less than
16 51 percent of annual gross income from the sale of event center
17 tickets and food and nonalcoholic beverages that are prepared,
18 served, and consumed on such premises. For the purposes of this
19 act, the term "event center" means a facility that routinely
20 hosts events for which entrance is by customers who have
21 purchased tickets, including, but not limited to, musical
22 concerts and art shows; hosts events sponsored or organized by
23 nonprofit organizations; and otherwise does not market itself
24 primarily as a food service establishment. The Division of
25 Alcoholic Beverages and Tobacco of the Department of Business
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hb4053-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 4053 2025
26 and Professional Regulation may revoke or suspend any such
27 license for violations of the Beverage Law and regulations of
28 this state not inconsistent herewith.
29 Section 2. For the purposes of this act, the "Urban
30 Transition Area North of Park Street" shall mean the area
31 described as:
32
33 All of lots 3, 4, and 9, the north 60.0 feet of lot 8, the
34 south 10.0 feet of the west 10.0 feet of lot 2, and the
35 south 10.0 feet of lot 10, block 29, the Chamberlain and
36 Barretts subdivision, according to the plat thereof
37 recorded in plat book 1, pages 117 and 120 of the former
38 public records of Duval County, Florida, plus a narrow
39 strip of land immediately south of the southerly line of
40 lot 4 and the northerly 60.0 feet (less and except portion
41 lying in road right of way) of lot 8, of said block 29,
42 more particularly described as follows:
43
44 Begin at the northeast corner of said lot 3, the said
45 point of beginning being south 21°-00'-00" west, 120.0
46 feet, and measure along the westerly line of Park
47 Street from the southerly line of Post Street; thence
48 continue south 21°-00'-00" west, 120.0 feet along said
49 westerly line of Park Street; thence westerly along
50 the southerly face of an existing four-story brick
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 4053 2025
51 building a distance of 134.0 feet, more or less, to
52 the southwest corner of said four-story brick
53 building; thence northerly along the westerly line of
54 said four-story brick building 0.38 feet; thence
55 westerly to the easterly line of Margaret Street, said
56 point being north 68°-42'-30" west 194.68 feet from a
57 point in the westerly line of Park Street that is
58 240.0 feet southerly of the southerly line of Post
59 Street; thence north 15°-40'-30" west, 150.05 feet
60 along the easterly line of said Margaret Street;
61 thence south 68°-43'-50" east, 124.29 feet' thence
62 north 21°-00'-00" east, 10.0 feet; thence north 68°-
63 43'-50" east, 50.0 feet; thence south 21°-00'-00"
64 west, 10.0 feet; thence south 68°-40'-50" east, 110.0
65 feet to the point of beginning.
66 Section 3. This act shall take effect upon becoming a law.
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hb4053-01-c1
PCS for HB 743
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 #: PCS for HB 743 COMPANION BILL: None
TITLE: Social Media Use by Minors LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill requires social media platforms to allow a parent or legal guardian of certain minor account holders to
view all messages, allow law enforcement to view messages in certain instances, and prohibit certain account
holders from using or accessing messages that are designed to disappear.
The effective date of the bill is July 1, 2025.
Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill enhances protections in Florida law governing social media use for minors. Specifically, the bill requires
social media platforms to:
Allow a parent or legal guardian of an account holder to view all messages.
Allow law enforcement to view messages relevant to any investigation upon receiving consent from the
parents or legal guardian of a minor or pursuant to a warrant.
Prohibit an account holder from using or accessing messages that are designed to disappear after a certain
period of time or upon viewing, self-destructing messages, or messages that are ephemeral in nature.
(Section 1)
These provisions apply to minors under 14 years of age, and minors 14 and 15 years of age.
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. The bill may result in an unknown increase in civil penalties collected by DLA, and regulatory costs
to DLA to enforce the bill.
STORAGE NAME: PCS0743.IPA
DATE: 3/17/2025
1
PRIVATE SECTOR:
Indeterminate. The bill may result in an unknown increase in costs for companies operating websites due to the
resources necessary to implement new procedures for age-verification and parental consent.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Social Media Use for Minors
In 2024, the Florida Legislature passed a law limiting minors’ access to social media platforms.1 The law, in part,
prohibits minors thirteen years of age or younger from holding a social media account, and requires parental
consent for fourteen and fifteen year olds to hold an account.2
Definitions
The law provides the following definitions:3
"Account holder" means a resident who opens an account or creates a profile or is identified by the social
media platform by a unique identifier while using or accessing a social media platform when the social
media platform knows or has reason to believe the resident is located in this state.
"Daily active users" means the number of unique users in the United States who used the online forum,
website, or application at least 80 percent of the days during the previous 12 months, or if the online
forum, website, or application did not exist during the previous 12 months, the number of unique users in
the United States who used the online forum, website, or application at least 80 percent of the days during
the previous month.
"Resident" means a person who lives in this state for more than 6 months of the year.
"Social media platform" means an online forum, website, or application that satisfies each of the following
criteria:
o Allows users to upload content or view the content or activity of other users;
o Ten percent or more of the daily active users who are younger than 16 years of age spend on
average 2 hours per day or longer on the online forum, website, or application on the days when
using the online forum, website, or application during the previous 12 months or, if the online
forum, website, or application did not exist during the previous 12 months, during the previous
month;
o Employs algorithms that analyze user data or information on users to select content for users; and
o Has any of the following addictive features:
Infinite scrolling, which means either:
Continuously loading content, or content that loads as the user scrolls down the
page without the need to open a separate page; or
Seamless content, or the use of pages with no visible or apparent end or pagebreaks.
Push notifications or alerts sent by the online forum, website, or application to inform a
user about specific activities or events related to the user's account.
Displays personal interactive metrics that indicate the number of times other users have
clicked a button to indicate their reaction to content or have shared or reposted the content.
Auto-play video or video that begins to play without the user first clicking on the video or
on a play button for that video.
Live-streaming or a function that allows a user or advertiser to broadcast live video content
in real-time.
o The term does not include an online service, website, or application where the exclusive function is
e-mail or direct messaging consisting of text, photographs, pictures, images, or videos shared only
between the sender and the recipients, without displaying or posting publicly or to other users not
specifically identified as the recipients by the sender.
1 Ch. 2024-42, Laws of Fla.
2 See s. 501.1736, F.S.
3 S. 501.1736(1), F.S.
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2
Minors Under 14 years of Age
For minors under 14 years of age, the law requires a social media platform to:4
Prohibit a minor who is younger than 14 years of age from entering into a contract with a social media
platform to become an account holder.
Terminate any account held by an account holder younger than 14 years of age, including accounts that the
social media platform treats or categorizes as belonging to an account holder who is likely younger than 14
years of age for purposes of targeting content or advertising.
o The social media platform must provide 90 days for an account holder to dispute such termination.
Termination must be effective upon the expiration of the 90 days if the account holder fails to
effectively dispute the termination.
Allow an account holder younger than 14 years of age to request to terminate the account. Termination
must be effective within 5 business days after such request.
Allow the confirmed parent or guardian of an account holder younger than 14 years of age to request the
minor's account be terminated. Termination must be effective within 10 business days after such request.
Permanently delete all personal information held by the social media platform relating to the terminated
account, unless there are legal requirements to maintain such information.
Minors 14 or 15 Years of Age
For minors who are 14 or 15 years of age, the law provides the following:5
Requires a social media platform to prohibit a minor who is 14 or 15 years of age from entering into a
contract with a social media platform to become an account holder, unless the minor's parent or guardian
provides consent for the minor to become an account holder.
Terminate any account held by an account holder who is 14 or 15 years of age, including accounts that the
social media platform treats or categorizes as belonging to an account holder who is likely 14 or 15 years of
age for purposes of targeting content or advertising, if the account holder's parent or guardian has not
provided consent for the minor to create or maintain the account.
o The social media platform must provide 90 days for an account holder to dispute such termination.
Termination must be effective upon the expiration of the 90 days if the account holder fails to
effectively dispute the termination.
Allow an account holder who is 14 or 15 years of age to request to terminate the account. Termination
must be effective within 5 business days after such request.
Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to request that
the minor's account be terminated. Termination must be effective within 10 business days after such
request.
Permanently delete all personal information held by the social media platform relating to the terminated
account, unless there are legal requirements to maintain such information.
If a court enjoins the enforcement of the provisions for minors 14 or 15 years of age, or such provision caused a
court to otherwise enjoin enforcement of any other of the provisions, then the provision is severed, and the
following comes into effect:6
A social media platform must prohibit a minor who is 14 or 15 years of age from entering into a contract
with a social media platform to become an account holder.
A social media platform must:
o Terminate any account held by an account holder who is 14 or 15 years of age, including accounts
that the social media platform treats or categorizes as belonging to an account holder who is likely
14 or 15 years of age for purposes of targeting content or advertising.
The social media platform must provide 90 days for an account holder to dispute such
termination. Termination must be effective upon the expiration of 90 days if the account
holder fails to effectively dispute the termination.
o Allow an account holder who is 14 or 15 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.
4 S. 501.1736(2), F.S.
5 S. 501.1736(3), F.S.
6 S. 501.1736(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
o Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to
request that the minor's account be terminated. Termination must be effective within 10 business
days after such request.
o Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.
Violations and Enforcement
Knowing or reckless violation of the requirements for minor users under 14 years of age or the requirements for
minor users under 16 years of age by a social media platform is an unfair and deceptive trade practice actionable
under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) solely by the Department of Legal Affairs
(DLA).7 In addition to other FDUTPA remedies, DLA may collect a civil penalty of up to $50,000 per violation and
reasonable attorney fees and court costs. When the social media platform's failure to comply with such
requirements is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against
the social media platform.8
A social media platform that knowingly or recklessly violates the requirements for minor users under 14 years of
age or the requirements for minor users under 16 years of age is liable to such minor account holder, including
court costs and reasonable attorney fees as ordered by the court. Claimants may be awarded up to $10,000 in
damages. Such an action must be brought within 1 year from the date the complainant knew, or reasonably should
have known, of the alleged violation.9
Actions may only be brought on behalf of a resident minor,10 and do not preclude any other available remedy at law
or equity against such social media platform.11
For purposes of bringing an action, a social media platform that allows a minor account holder younger than 14
years of age or a minor account holder who is 14 or 15 years of age to create an account on such platform is
considered to be both engaged in substantial and not isolated activities within Florida and operating, conducting,
engaging in, or carrying on a business and doing business in Florida, and is therefore subject to the jurisdiction of
the courts of Florida.12
DLA Subpoena Power
Relating to DLA subpoena power:13
If, by its own inquiry or as a result of complaints, DLA has reason to believe that an entity or person has
engaged in, or is engaging in, an act or practice that violates the bill, DLA may administer oaths and
affirmations, subpoena witnesses or matter, and collect evidence. Within 5 days, excluding weekends and
legal holidays, after the service of a subpoena or at any time before the return date specified therein,
whichever is longer, the party served may file in the circuit court in the county in which it resides or in
which it transacts business and serve upon the enforcing authority a petition for an order modifying or
setting aside the subpoena. The petitioner may raise any objection or privilege which would be available
upon service of such subpoena in a civil action. The subpoena must inform the party served of its rights.
If the matter that DLA seeks to obtain by subpoena is located outside Florida, the entity or person
subpoenaed may make it available to DLA or its representative to examine the matter at the place where it
is located. DLA may designate representatives, including Florida officials which the matter is located, to
inspect the matter on its behalf, and may respond to similar requests from officials of other states.
Upon failure of an entity or person without lawful excuse to obey a subpoena and upon reasonable notice
to all persons affected, DLA may apply to the circuit court for an order compelling compliance.
7
DLA is not prohibited from bringing an action against:
Any person or activity regulated under laws administered by OIR or DFS; and
Banks, credit unions, and savings and loan associations regulated by OFR or federal agencies.
8 S. 501.1736(5), F.S.
9 S. 501.1736(6)(a)and(b), F.S.
10 S. 501.1736(6)(c), F.S.
11 S. 501.1736(9), F.S.
12 S. 501.1736(7), F.S.
13 S. 501.1736(10), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
DLA may request that an entity or person that refuses to comply with a subpoena on the ground that
testimony or matter may incriminate the entity or person be ordered by the court to provide the testimony
or matter. Except in a prosecution for perjury, an entity or individual that complies with a court order to
provide testimony or matter after asserting a valid privilege against self-incrimination shall not have the
testimony or matter so provided, or evidence derived therefrom, received against the entity or person in
any criminal investigation or proceeding.
Any entity or person upon whom a subpoena is served must comply with the terms thereof unless otherwise
provided by order of the court. Failure to appear is punishable as a civil penalty up to $5,000 per week, including
attorney's fees, and costs.14
Disappearing, Ephemeral Messaging
According to the National Law Review, “ephemeral messages are self-destructing messages with no backup or
archiving option. Unlike a typical text message that is sent and remains on a user’s and receiver’s phone until
manually deleted, ephemeral messages delete themselves after a set time. Some examples of platforms that offer
this type of feature are Signal, WhatsApp, WeChat, and Snapchat.”15
Disappearing messages have been found to be harmful to children. In 2020, when Facebook introduced
disappearing messages, Anna Edmundson, the NSPCC’s head of policy, expressed concerns, stating: “Despite its age
restriction, many under-16s use WhatsApp and disappearing messages could put children at greater risk of harm,
by providing groomers with yet another tool to avoid detection and erase evidence.”16
Some of the risks to children of disappearing messages include: cyberbullying, sexting, grooming, inadequate
oversight, false sense of security and privacy, and inappropriate content.17
Florida Deceptive and Unfair Trade Practices Act
FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition, and
unconscionable, deceptive, or unfair acts or practices in the conduct of trade or commerce.18 The DLA or state
attorney’s office (SAO) in the judicial circuit affected or where the violation occurs may bring actions on behalf of
consumers or governmental entities when it serves the public interest.19 The SAO may enforce violations of
FDUTPA if the violations take place within its jurisdiction. The DLA has enforcement authority when the violation
is multi-jurisdictional, the state attorney defers to the DLA in writing, or the state attorney fails to act within 90
days after a written complaint is filed.20 In certain circumstances, consumers may also file suit through private
actions.21
The DLA and the SAO have powers to investigate FDUTPA claims, which include:22
Administering oaths and affirmations;
Subpoenaing witnesses or matter; and
Collecting evidence.
14 Id.
15 Michelle A. Freeman, Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by
Regulators, The National Law Review (Oct. 7, 2024), https://natlawreview.com/article/disappearing-messages-unofficial-
communications-platforms-and-ever-increasing (last visited Mar. 16, 2025).
16 Mobicip, Gone in a Flash: How Disappearing Messages Can Impact Your Child’s Online Safety (May 13, 2024),
https://www.mobicip.com/blog/gone-flash-how-disappearing-messages-can-impact-your-childs-online-safety (last visited
Mar. 16, 2025).
17 Id.
18
S. 501.202, F.S.
19
Ss. 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct,
Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the
merits of FDUPTA and the potential for deterrence of anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on Jan. 6, 2024).
20
S. 501.203(2), F.S.
21
S. 501.211, F.S.
22
S. 501.206(1), F.S.
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5
The DLA and SAO may seek the following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.23
FDUTPA may not be applied to certain entities in certain circumstances, including:24
• Any person or activity regulated under laws administered by the Office of Insurance Regulation or the
Department of Financial Services; or
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation or
federal agencies.
Recent Court Cases
In October 2024, two internet-industry groups filed a federal lawsuit challenging the constitutionality of Florida’s
law limiting minors’ access to social media platforms. The Computer & Communications Industry Association and
NetChoice, whose members include tech giants such as Google and Meta Platforms, alleged that the law violated
their First Amendment rights and that parents have control of their children's social-media use.25
In March 2025, the motion for preliminary injunction was denied. The order did not include a ruling on the First
Amendment issue. The order was instead based on the decision that the plaintiffs did not “show a substantial
likelihood demonstrating standing” that at least one of the group members “will suffer irreparable injury” without
an injunction. The effective date of the law was supposed to be January 1, 2025; however, in November the State
agreed not to enforce it until the ruling occurred.26
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 3 Tramont, Overdorf, Sirois, The bill became law on Jan. 1,
McFarland, Rayner 2025.
OTHER RESOURCES:
Johns Hopkins Medicine: Social Media and Mental Health in Children and Teens
Social Media and Youth Mental Health: The U.S. Surgeon General’s Advisory
23
Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may also
request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
24
S. 501.212(4), F.S.
25 Computer & Communications Industry Association and NetChoice v. Uthmeier, Case No.: 4:24-cv-00438-MW-MAF. The case is
in the US District Court, Northern District of Florida.
26 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Thompson
Professional Activities
Subcommittee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 743 2025
1 A bill to be entitled
2 An act relating to social media use by minors;
3 amending s. 501.1736, F.S.; requiring social media
4 platforms to allow a parent or legal guardian of
5 certain minor account holders to view all messages,
6 allow law enforcement to view messages in certain
7 instances, prohibit certain account holders from using
8 or accessing messages that are designed to disappear;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (2), paragraph (b)
14 of subsection (3), and paragraph (b) of subsection (4) of
15 section 501.1736, Florida Statutes, are amended to read:
16 501.1736 Social media use for minors.—
17 (2)
18 (b) A social media platform shall:
19 1. Terminate any account held by an account holder younger
20 than 14 years of age, including accounts that the social media
21 platform treats or categorizes as belonging to an account holder
22 who is likely younger than 14 years of age for purposes of
23 targeting content or advertising, and provide 90 days for an
24 account holder to dispute such termination. Termination must be
25 effective upon the expiration of the 90 days if the account
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26 holder fails to effectively dispute the termination.
27 2. Allow an account holder younger than 14 years of age to
28 request to terminate the account. Termination must be effective
29 within 5 business days after such request.
30 3. Allow the confirmed parent or guardian of an account
31 holder younger than 14 years of age to request that the minor's
32 account be terminated. Termination must be effective within 10
33 business days after such request.
34 4. Permanently delete all personal information held by the
35 social media platform relating to the terminated account, unless
36 there are legal requirements to maintain such information.
37 5. Allow a parent or legal guardian of an account holder
38 younger than 14 years of age to view all messages.
39 6. Allow law enforcement to view messages relevant to any
40 investigation upon receiving consent from the parents or legal
41 guardian of a minor or pursuant to a warrant.
42 7. Prohibit an account holder younger than 14 years of age
43 from using or accessing messages that are designed to disappear
44 after a certain period of time or upon viewing, self-destructing
45 messages, or messages that are ephemeral in nature.
46 (3)
47 (b) A social media platform shall:
48 1. Terminate any account held by an account holder who is
49 14 or 15 years of age, including accounts that the social media
50 platform treats or categorizes as belonging to an account holder
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PCS for HB 743 2025
51 who is likely 14 or 15 years of age for purposes of targeting
52 content or advertising, if the account holder's parent or
53 guardian has not provided consent for the minor to create or
54 maintain the account. The social media platform shall provide 90
55 days for an account holder to dispute such termination.
56 Termination must be effective upon the expiration of the 90 days
57 if the account holder fails to effectively dispute the
58 termination.
59 2. Allow an account holder who is 14 or 15 years of age to
60 request to terminate the account. Termination must be effective
61 within 5 business days after such request.
62 3. Allow the confirmed parent or guardian of an account
63 holder who is 14 or 15 years of age to request that the minor's
64 account be terminated. Termination must be effective within 10
65 business days after such request.
66 4. Permanently delete all personal information held by the
67 social media platform relating to the terminated account, unless
68 there are legal requirements to maintain such information.
69 5. Allow a parent or legal guardian of an account holder
70 14 or 15 years of age to view all messages.
71 6. Allow law enforcement to view messages relevant to any
72 investigation upon receiving consent from the parents or legal
73 guardian of a minor or pursuant to a warrant.
74 7. Prohibit an account holder who is 14 or 15 years of age
75 from using or accessing messages that are designed to disappear
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76 after a certain period of time or upon viewing, self-destructing
77 messages, or messages that are ephemeral in nature.
78 (4) If a court enjoins the enforcement of subsection (3)
79 or would otherwise enjoin enforcement of any other provision of
80 this section due to subsection (3), then subsection (3) shall be
81 severed, and the following shall come into effect:
82 (b) A social media platform shall:
83 1. Terminate any account held by an account holder who is
84 14 or 15 years of age, including accounts that the social media
85 platform treats or categorizes as belonging to an account holder
86 who is likely 14 or 15 years of age for purposes of targeting
87 content or advertising, and provide 90 days for an account
88 holder to dispute such termination. Termination must be
89 effective upon the expiration of 90 days if the account holder
90 fails to effectively dispute the termination.
91 2. Allow an account holder who is 14 or 15 years of age to
92 request to terminate the account. Termination must be effective
93 within 5 business days after such request.
94 3. Allow the confirmed parent or guardian of an account
95 holder who is 14 or 15 years of age to request that the minor's
96 account be terminated. Termination must be effective within 10
97 business days after such request.
98 4. Permanently delete all personal information held by the
99 social media platform relating to the terminated account, unless
100 there are legal requirements to maintain such information.
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101 5. Allow a parent or legal guardian of an account holder
102 14 or 15 years of age to view all messages.
103 6. Allow law enforcement to view messages relevant to any
104 investigation upon receiving consent from the parents or legal
105 guardian of a minor or pursuant to a warrant.
106 7. Prohibit an account holder who is 14 or 15 years of age
107 from using or accessing messages that are designed to disappear
108 after a certain period of time or upon viewing, self-destructing
109 messages, or messages that are ephemeral in nature.
110 Section 2. This act shall take effect July 1, 2025.
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PCS for HB 801
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 #: PCS for HB 801 COMPANION BILL: SB 1220 (DiCeglie)
TITLE: Air-Conditioning and Mechanical Contractors LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill increases the scope of work for Class A air-conditioning and Mechanical contractors.
Fiscal or Economic Impact:
The bill may have a positive economic impact on Class A air-conditioning and Mechanical contractors by expanding
their scope of work.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for Class A air-conditioning contractors and Mechanical contractors to include
repairing and replacing existing package pool heaters. (Section 1)
The replacement of an existing package pool heater must use the same make and model as the existing pool heater.
The replacement must maintain the flow rate, connection points, and heater specifications without making any
modifications to the existing pool piping or system components.
The repair and replacement of an existing package pool heater does not include:
alterations to the pool's hydraulic system;
the addition of bypass valves;
installation of new plumbing;
rerouting of pipes;
changes to the pool’s circulation system;
or any other modifications beyond what is necessary to disconnect and reconnect the unit to the existing
piping. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
STORAGE NAME: PCS0801.IPA
DATE: 3/17/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Class A air-conditioning and Mechanical 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
Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within Department of Business and Professional Regulation. The CILB is responsible for licensing
statewide construction contractors and regulating the construction industry in Florida under part I of Ch. 489, F.S.2
Currently, there are four types of Heating, Ventilation, and Air-Conditioning (HVAC) contractors:3
Class A air-conditioning contractor.
Class B air-conditioning contractor.
Class C air-conditioning contractor.
Mechanical contractors
The scope of work for “Class A air-conditioning contractors” specifically includes services that are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter,
extend, or design central air-conditioning, heating, and ventilation systems and to perform other related tasks
including replacing, disconnecting, or reconnecting electrical wiring up to an electrical panel and replacing
disconnecting, and replacing breakers or fuses dedicated to HVAC circuits.4
The scope of work for “Mechanical contractors” specifically includes services that are unlimited in the execution of
contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or
design HVAC systems and to perform other tasks, including replacing, disconnecting, or reconnecting electrical
wiring up to an electrical panel and replacing disconnecting, and replacing breakers or fuses dedicated to HVAC
circuits.5
HVAC contractors are not allowed to install or remove pool water heaters, pool equipment, pool piping, or
construct pool/spa equipment rooms. However, they are authorized to service and repair pool heaters as long as
such service or repair does not include installing or removing the pool heater.6
1 S. 489.105(3), F.S.
2 S. 489.107, F.S.
3 S. 489.105(3), F.S.
4 S. 489.105(3)(f), F.S.
5 S. 489.105(3)(i), F.S.
6 Construction Industry Licensing Board, Declaratory Statements 2012-024, 2014-006; 2014-060;
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Pool Circulation System
A pool’s circulation or hydraulic system are the elements of a pool that take water from the pool, filter it, heat it,
and return it back into the pool. These elements include:7
Water Outlets – these include any pool opening, such as skimmers, drains, and vacuum ports, where water
is taken out of the pool and into the circulation system.
Circulation Pump – the pump is responsible for pulling water out of the pool, through the circulation
system, and back into the pool.
Filter – cleans the water by removing dirt, debris, and bacteria from the pool water. Water is directed
through the filter via a valve.
Heater – heats the pool water and may include bypass valves8, which allow water to bypass the heater.
Returns – these are openings in the pool where water flows back into the pool from the circulation system.
A pool’s flow rate is the speed at which the water travels through the circulation system, and the turnover time is
the time it takes for the volume of water in the pool to make one pass through the circulation system.9
Pool Heaters
Generally, the pool’s circulation system pulls water from the pool and into the pool heater, which warms the water
via a heat exchange, and then circulates the heated water back into the pool. There are three main types of pool
heaters:10
7 Capitol Pools. Understanding the Pool Circulation System, https://www.capitolpool.com/service/operating-
poolcirculation#:~:text=Your%20pool%E2%80%99s%20circulation%20system%20is%20the%20elements%20of,and%20w
hat%20you%20need%20to%20do%20with%20them (last visited March 14, 2025); R&R Pools, What Causes Poor Pool
Circulation https://www.rrpools.ca/blog/causes-poor-pool-circulation/ (last visited March 14, 2025).
8 Swimmingpoolsteve, What is a Pool Heater Bypass?
https://www.swimmingpoolsteve.com/pages/bypass1.html#:~:text=An%20external%20bypass%20is%20a%20configuratio
n%20of%20pool,your%20breakpoint%20chlorination%20to%20remove%20spent%20chlorine%20%28c (last visited
March 16, 2025).
9 Stockwell Safety, Flow Rate and Turnover, https://www.stockwellassociates.co.uk/tutorial-flow-rate-and-
turnover.php#:~:text=Flow%20rate%20refers%20to%20the,litres%20per%20minute%20(LPM). (last visited March 16,
2025).
10 Scott Keller, How Does a Pool Heater Work: A Comprehensive Guide to Pool Heating Options and Efficiency, Love Gunite
Pool, (September 18, 2024) https://lovegunitepool.com/how-does-a-pool-heater-work/ (last visited March 14, 2025); Hank
Cooper, How Gas Pool Heaters Work? Unveiling the Science behind Your Warm Swim (July 26, 2024)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Electric heat pumps
Electric heat pumps use electricity to pull in outside air to heat the water. The heater has a fan that draws in the
surrounding warm air. The air is directed to an evaporator coil containing freon, which pulls the heat from the
outside air and turns the freon into a gas. The warm gas moves through a compressor, which further increases the
temperature, and then moves through the condenser coil, which absorbs the heat and warms the water. As the hot
gas moves through the condenser coil, it turns back into a liquid, and returns to the evaporator coil, and the
process begins again as diagrammed below:11
1) Condenser, 2) Compressor, 3) Evaporation Coil, 4) Fan, 5) Cool Air 6) Warm Air
Gas pool heaters
Gas heaters work by burning natural gas or propane inside a combustion chamber. There are copper coils in the
heater, which heat up from the burning gas. Water is pulled into the heated copper coils by the circulation pump,
which then pulls the heated water back into the pool as diagrammed below:12
1) Heated Copper Coils 2) Burner 3) Fan 4) Cold Pool Water Entry 5) Heated Water Exit
https://pooltipsusa.com/how-gas-pool-heaters-work-unveiling-the-science-behind-your-warm-swim/ (last visited March 14,
2025).
11 Jessica Carter, Do pool heat pumps use a lot of electricity? Eclipse Pool Heating (August 9, 2022)
https://eclipsepoolheating.com.au/2022/08/09/do-pool-heat-pumps-use-a-lot-of-electricity/ (last visited March 14, 2025);
Michael Dean, How Does a Pool Heater Work? Pool Research (August 13, 2024) https://poolresearch.com/how-heaters-work/
(last visited March 14, 2025)
12 Michael Dean, supra note 8.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Solar pool heaters
Solar pool heaters work by using a solar collector, which warms the water with solar power. The circulation pump
pulls the water into the solar collector, which is then pulled back into the pool as diagrammed below:13
' CJ
0 Solo, heated
/water
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Brackett
Professional Activities
Subcommittee
13 Performance Solar, How Solar Pool Heating Works, https://performancesolar.com/solar-pool-heating/ (last visited March
14, 2025); David Stillwell, How does a solar pool heater work? (September 6, 2023) Consumer Affairs
https://www.consumeraffairs.com/solar-energy/how-does-a-solar-pool-heater-work.html (last visited March 14, 2025).
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
PCS for HB 801 ORIGINAL 2025
1 A bill to be entitled
2 An act relating to air-conditioning and mechanical
3 contractors; amending s. 489.105, F.S.; revising the
4 definition of the term "class A air-conditioning
5 contractor" and “mechanical contractor” to include
6 additional services that such contractors may perform;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraphs (f) and (i) of subsection (3) of
12 section 489.105, Florida Statutes, are amended to read:
13 489.105 Definitions.—As used in this part:
14 (3) "Contractor" means the person who is qualified for,
15 and is only responsible for, the project contracted for and
16 means, except as exempted in this part, the person who, for
17 compensation, undertakes to, submits a bid to, or does himself
18 or herself or by others construct, repair, alter, remodel, add
19 to, demolish, subtract from, or improve any building or
20 structure, including related improvements to real estate, for
21 others or for resale to others; and whose job scope is
22 substantially similar to the job scope described in one of the
23 paragraphs of this subsection. For the purposes of regulation
24 under this part, the term "demolish" applies only to demolition
25 of steel tanks more than 50 feet in height; towers more than 50
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26 feet in height; other structures more than 50 feet in height;
27 and all buildings or residences. Contractors are subdivided into
28 two divisions, Division I, consisting of those contractors
29 defined in paragraphs (a)-(c), and Division II, consisting of
30 those contractors defined in paragraphs (d)-(q):
31 (f) "Class A air-conditioning contractor" means a
32 contractor whose services are unlimited in the execution of
33 contracts requiring the experience, knowledge, and skill to:
34 1. Install, maintain, repair, fabricate, alter, extend, or
35 design, if not prohibited by law, central air-conditioning,
36 refrigeration, heating, and ventilating systems, including duct
37 work in connection with a complete system if such duct work is
38 performed by the contractor as necessary to complete an air-
39 distribution system, boiler and unfired pressure vessel systems,
40 and all appurtenances, apparatus, or equipment used in
41 connection therewith, and any duct cleaning and equipment
42 sanitizing that requires at least a partial disassembling of the
43 system.; to
44 2. Install, maintain, repair, fabricate, alter, extend, or
45 design, if not prohibited by law, piping, insulation of pipes,
46 vessels and ducts, pressure and process piping, and pneumatic
47 control piping.; to
48 3. Replace, disconnect, or reconnect power wiring on the
49 line or load side of the dedicated existing electrical
50 disconnect switch on single phase electrical systems.; to
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51 4. Repair or replace power wiring, disconnects, breakers,
52 or fuses for dedicated HVAC circuits with proper use of a
53 circuit breaker lock.; to
54 5. Install, disconnect, and reconnect low voltage heating,
55 ventilating, and air-conditioning control wiring.; and to
56 6. Install a condensate drain from an air-conditioning
57 unit to an existing safe waste or other approved disposal other
58 than a direct connection to a sanitary system.
59 7. Replace and repair existing package pool heaters and
60 connect replacement package pool heaters to existing pool
61 piping. The replacement of an existing package pool heater must
62 use the same make and model as the existing pool heater. This
63 includes maintaining the flow rate, connection points, and
64 heater specifications without modifications to existing pool
65 piping or system components. The replacement or repair of an
66 existing package pool heater does not include alterations to the
67 pool's hydraulic system, the addition of bypass valves,
68 installation of new plumbing, rerouting of pipes, changes to the
69 pool’s circulation system, or any other modifications beyond
70 what is necessary to disconnect and reconnect the unit to the
71 existing piping.
72 8. Perform The scope of work for such contractor also
73 includes any excavation work incidental to work performed in
74 subparagraphs 1.-7., but not thereto, but does not include any
75 work such as liquefied petroleum or natural gas fuel lines
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76 within buildings, except for disconnecting or reconnecting
77 changeouts of liquefied petroleum or natural gas appliances
78 within buildings; potable water lines or connections thereto;
79 sanitary sewer lines; swimming pool piping and filters; or
80 electrical power wiring.
81 9. A Class A air-conditioning contractor may Test and
82 evaluate central air-conditioning, refrigeration, heating, and
83 ventilating systems, including duct work; however, a mandatory
84 licensing requirement is not established for the performance of
85 these specific services.
86 (i) "Mechanical contractor" means a contractor whose
87 services are unlimited in the execution of contracts requiring
88 the experience, knowledge, and skill to:
89 1. Install, maintain, repair, fabricate, alter, extend, or
90 design, if not prohibited by law, central air-conditioning,
91 refrigeration, heating, and ventilating systems, including duct
92 work in connection with a complete system if such duct work is
93 performed by the contractor as necessary to complete an air-
94 distribution system, boiler and unfired pressure vessel systems,
95 lift station equipment and piping, and all appurtenances,
96 apparatus, or equipment used in connection therewith, and any
97 duct cleaning and equipment sanitizing that requires at least a
98 partial disassembling of the system.; to
99 2. Install, maintain, repair, fabricate, alter, extend, or
100 design, if not prohibited by law, piping, insulation of pipes,
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101 vessels and ducts, pressure and process piping, pneumatic
102 control piping, gasoline tanks and pump installations and piping
103 for same, standpipes, air piping, vacuum line piping, oxygen
104 lines, nitrous oxide piping, ink and chemical lines, fuel
105 transmission lines, liquefied petroleum gas lines within
106 buildings, and natural gas fuel lines within buildings.; to
107 3. Replace, disconnect, or reconnect power wiring on the
108 line or load side of the dedicated existing electrical
109 disconnect switch on single phase electrical systems.; to
110 4. Repair or replace power wiring, disconnects, breakers,
111 or fuses for dedicated HVAC circuits with proper use of a
112 circuit breaker lock.; to
113 5. Install, disconnect, and reconnect low voltage heating,
114 ventilating, and air-conditioning control wiring.; and to
115 6. Install a condensate drain from an air-conditioning unit
116 to an existing safe waste or other approved disposal other than
117 a direct connection to a sanitary system.
118 7. Replace and repair existing package pool heaters and
119 connect replacement package pool heaters to existing pool
120 piping. The replacement of an existing package pool heater must
121 use the same make and model as the existing pool heater. This
122 includes maintaining the flow rate, connection points, and
123 heater specifications without modifications to existing pool
124 piping or system components. The replacement or repair of an
125 existing package pool heater does not include alterations to the
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126 pool's hydraulic system, the addition of bypass valves,
127 installation of new plumbing, rerouting of pipes, changes to the
128 pool’s circulation system, or any other modifications beyond
129 what is necessary to disconnect and reconnect the unit to the
130 existing piping.
131 8. Perform The scope of work for such contractor also
132 includes any excavation work incidental to work performed in
133 subparagraphs 1.-7., but not thereto, but does not include any
134 work such as potable water lines or connections thereto,
135 sanitary sewer lines, swimming pool piping and filters, or
136 electrical power wiring.
137 9. A mechanical contractor may test and evaluate central
138 air-conditioning, refrigeration, heating, and ventilating
139 systems, including duct work; however, a mandatory licensing
140 requirement is not established for the performance of these
141 specific services.
142 Section 2. This act shall take effect July 1, 2025.
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PCS for HB 981
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 #: PCS for HB 981 COMPANION BILL: SB 1584 (Simon)
TITLE: Athlete Representation and Compensation LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill protects student athletes from excessive athlete agent fees in name, image, and likeness (NIL) contracts
with NIL collectives, prohibits registration of high school NIL compensation, and allows high school student
athletes to seek advice regarding NIL compensation from registered advisors, such as their high school athletic
coach.
Fiscal or Economic Impact:
The bill will likely have a positive fiscal impact on student athletes due to the cap on agent fees and a negative fiscal
impact on athlete agents.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill protects collegiate student athletes and high school student athletes who are preparing to enter into
collegiate sports from excessive agent fees. Specifically, beginning on July 1, 2025, the bill limits athlete agent fees
to no more than 5 percent in deals with NIL collectives. The bill also requires the Department of Business and
Professional Regulation (DBPR) to maintain a database of licensed athlete agents that is accessible to the public via
the Internet. (Sections 1 and 2).
The bill prohibits Florida High School Athletic Association (FHSAA) Bylaws from requiring a high school student
athlete to register compensation with the FHSAA, an FHSAA member school, or any other entity. (Section 4).
The bill authorizes a high school student athlete who is preparing to enter into collegiate sports to earn NIL
compensation. If such student athlete is under the age of 18, he or she must obtain written permission from his or
her parent.1 The bill prohibits such athletes from entering into NIL contracts involving the following: adult
entertainment products and services; alcohol, tobacco, vaping, and nicotine products; controlled substances;
prescription pharmaceuticals; gambling, including sports betting, the lottery, and betting in connection with video
games, online games, and mobile devices; weapons, firearms, and ammunition; and NIL Collectives. (Section 5).
The bill also permits high school student athletes to consult with registered advisors, such as the student athlete’s
coach, academic advisor, or other designated school employee. A student athlete under the age of 18 must obtain
written permission from a parent to consult with an advisor. The bill requires all persons advising student athletes
to notify the school principal or designated school administrator of their role in advising the student athlete. Each
public high school with a student athlete pursuing NIL compensation must maintain a list of all registered advisors.
1 The Florida Early Learning-20 Education Code defines the term, ‘parent’ to include, “either or both parents of a student, any
guardian of a student, any person in a parental relationship to a student, or any person exercising supervisory authority over a
student in place of the parent.” Section 1000.21(6), F.S.
STORAGE NAME: PCS0981.IPA
DATE: 3/17/2025
1
The bill also encourages such schools to provide educational resources to assist student athletes in understanding
NIL opportunities, financial literacy, and contractual obligations as they transition to college. (Section 5).
The bill’s sections relating high school NIL are cited as “The Florida High School Name, Image, and Likeness Act.”
(Sections 3 through 5).
The effective date of the bill is July 1, 2025. (Section 6).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill will likely have a positive fiscal impact on student athletes due to the cap on agent fees and
a negative fiscal impact on athlete agents. The extent to which student athletes and agents will be impacted is
unknown.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Athlete Agents
Florida law defines an athlete agent as a person who, directly or indirectly, recruits or solicits a student athlete to
enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain
employment or promotional fees or benefits for a student athlete with a professional sports team or as a
professional athlete, or with any promoter who markets or attempts to market the student athlete’s athletic ability
or athletic reputation.2 The term includes all employees and other persons acting on behalf of an athlete agent. The
term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual
acting solely on behalf of a professional sports team or professional sports organization.
Athlete agents representing intercollegiate student athletes for purposes of NIL must be licensed by DBPR.3 Among
the licensure requirements is that athlete agent be of good moral character and undergo a criminal history records
check. DBPR maintains a publicly searchable list of registered athlete agents on its website.
Athlete Agent Compensation Limits
The National Football League Players Association (NFLPA) regulations limit athlete agent fees for player contracts
to 3 percent, with limited exceptions.4 Similarly, the National Basketball Association Players Association (NBPA)
regulations limit athlete agent fees for player contracts to 4 percent, with limited exceptions.5 These limits are
applicable to player contracts; in other words, contracts between the player and the team. Professional athletes
often supplement their income through endorsement deals, and in such cases, agent fees may be higher than the
limits set by the NFLPA and NBPA for player contracts.
Currently, a student athlete’s educational institution or team is prohibited from directly providing NIL
compensation to the student athlete. As such, any NIL compensation a student athlete receives must come from a
third-party NIL deal. Currently, Florida law does not place any limits on athlete agent fees for NIL compensation.
NCAA NIL Bylaws
National Collegiate Athletic Association (NCAA) Bylaws6 authorize an individual to receive compensation for the
use of his or her NIL, provided such compensation include the following:
2 S. 468.452(2), F.S.
3 S. 468.453, F.S.
4 National Football League Players Association, NFLPA Regulations Governing Contract Advisors, at 12, available at
https://nflpaweb.blob.core.windows.net/website/RegulationsAmendedAugust2016.pdf.
5 National Basketball Association Players Association, NBPA Regulations Governing Player Agents, at 30, available at
https://cosmic-s3.imgix.net/fec8eea0-dbdc-11e9-a097-0b637a5431fa-Agent-Regulations--Final--2019.pdf.
6 NCAA Bylaw 22.
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Quid pro quo (e.g., compensation for work performed);
Not be contingent upon initial or continued enrollment at a particular institution (no recruiting
inducement); and
Not be in return for athletics participation or achievement (no ‘pay-for-play’).
Currently, NCAA is not enforcing its Bylaw prohibiting NIL recruiting inducements.7
Florida High School Athletics Association
The FHSAA is statutorily designated as the governing nonprofit organization for interscholastic athletics for grades
6 through 12 in Florida public schools. Any high school, middle school, or combination school,8 including charter
schools, virtual schools, private schools, and home education cooperatives,9 may become a member of the FHSAA.
The FHSAA is prohibited from denying or discouraging interscholastic competition between its member schools
and non-FHSAA member schools in Florida and may not take discriminatory or retributory action against a
member school that engages in interscholastic competition with non-FHSAA member schools.10
The executive and legislative authority of the FHSAA is vested in its board of directors, which is composed of 13
members, 8 of whom are appointed by the Governor and confirmed by the Senate, 4 of whom are elected from
among FHSAA members and the Commissioner of Education (commissioner).11 The FHSAA is required to adopt
bylaws regulating, among other topics, student eligibility, recruiting, and member schools’ interscholastic
competition in accordance with applicable law.12 The commissioner may direct the FHSAA to revise its bylaws at
any time.13 Bylaws adopted by the FHSAA Board of Directors must be ratified by the State Board of Education and
are not effective until ratified.14
Florida High School Athletic Association Name, Image, and Likeness Bylaw
In June 2024, the FHSAA amended its bylaws to authorize Florida high school athletes to benefit from NIL
agreements.15 The bylaw was approved by the State Board of Education in July 2024.16 The FHSAA NIL bylaws took
effect beginning with the 2024-25 school year.17
The FHSAA bylaw defines an NIL agreement as a fully executed, written contract that allows for student-athletes to
profit from or be compensated for promoting, partnering, and/or representing product endorsements and other
activities, as permitted by the bylaw, and that is limited to a student-athlete’s high school period of athletic
eligibility and shall not extend beyond a student-athlete’s high school graduation date.18 Upon entering into an NIL
agreement the student athlete and his or her parent agrees to release their school, its district or governing body,
and FHSAA from any liability related to, or arising from the NIL agreement and to hold harmless their school, its
district or governing body, and FHSAA from any liability related to, or arising from the NIL agreement.19
7 Dan Murphy, NCAA can’t enforce NIL rules after judge grants injunction, ESPN, (Feb. 23, 2024),
https://www.espn.com/college-sports/story/_/id/39585390/ncaa-enforce-nil-rules-judge-grants-injunction (last visited
March 15, 2025).
8
A “combination school” is any school that provides instruction to students in high school and the middle school grades; elementary,
middle or high school grades combined; or elementary and middle grades combined (e.g. K-12; K-8; 6-12; or 7-12). Bylaw 3.2.2.3,
FHSAA.
9
A “home education cooperative” is a parent-directed group of individual home education students that provides opportunities for
interscholastic athletic competition to those students and may include students in grades 6-12. Bylaw 3.2.2.4, FHSAA.
10
S. 1006.20(1), F.S.
11 S. 1006.20(4)(a), F.S.
12
S. 1006.20(2), F.S.
13 S. 1006.20(2)(a), F.S.
14 S. 1006.20(2)(a)1.-2., F.S.
15 Bylaw 9.9.4, FHSAA. See FHSAA, Amateurism and Name, Image & Likeness (NIL),
https://fhsaa.com/sports/2024/8/12/ABOUT_NILResources.aspx (last visited March 13, 2025)
16 Florida Department of Education, 2024 Archived Meetings July 24, 2024 – Meeting Agenda,
https://www.fldoe.org/policy/state-board-of-edu/meetings/2024/2024-07-24/ (last visited March 13, 2025).
17 See FHSAA, Bylaws of the Florida High School Athletic Association, Inc. 2024-25 Edition, available at
https://s3.amazonaws.com/fhsaa.org/documents/2024/10/2/2425_handbook_update_10124.pdf.
18 Bylaw 9.9.4.1, FHSAA.
19 Bylaw 9.9.4.1.1-2, FHSAA.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Additionally, a student who engages in any NIL activity must sign an "Affidavit of Compliance with the Regulations
on Amateurism and Interscholastic Athletic Eligibility." The affidavit will be accompanied by an explanation of the
FHSAA Bylaw on Amateurism, including the penalties for violating the bylaw, as well as the consequences of
making a false statement on the affidavit. The student/parent must complete, obtain all applicable signatures and
submit this form to the school within 5 business days of signing a NIL agreement.20
A student athlete is prohibited from making any reference to and will not otherwise use or authorize others to use
the uniforms, logos, mascots, insignia, or identifying marks of a member school, the FHSAA, the National
Federation of State High School Associations (NFHS), and/or any FHSAA, NFHS, or member school event, game, or
championship when engaging in any NIL activity unless they receive prior written consent for such use.21 Student
athletes are also prohibited from endorsing or promoting any third-party entities, goods, or services during school-
/district-sponsored activities or FHSAA activities and may not reference FHSAA, NFHS, school, or school district
accolades or championships in the student’s NIL activities for which they are compensated.22
Student athletes are prohibited from entering into NIL Agreements with any of the following categories of products
or services:23
Adult entertainment products and services;
Alcohol, tobacco, vaping, and nicotine products;
Cannabis products;
Controlled substances;
Prescription pharmaceuticals;
Gambling, including sports betting, the lottery, and betting in connection with video games, online games,
and mobile devices;
Weapons, firearms, and ammunition;
Political or social activism; and
NIL Collectives.24
No school employee, athletic department staff member, or representative of a school’s athletic interests may form,
direct, offer, provide, or otherwise engage in any activity outlined in the NIL bylaw, including the use of NIL
opportunities to recruit student athletes.25
A student-athlete who transfers after starting a sport, is prohibited from securing a NIL agreement that season,
unless the student-athlete:26
continues to compete at their original school, while maintaining eligibility to do so;
is the dependent child of active-duty military personnel whose move resulted from military orders;
relocated due to a foster care placement in a different school zone;
moved due to a court-ordered change in custody due to separation or divorce, or the serious illness or
death of a custodial parent; or
is authorized for good cause in district, private or charter school board policy.
20 Bylaw 9.9.5, FHSAA.
21 Bylaw 9.9.4.3, FHSAA.
22 Bylaw 9.9.4.3.1-2, FHSAA.
23 Bylaw 9.9.4.4, FHSAA.
24 The bylaw defines a NIL Collective to include groups, organizations, or cooperative enterprises that exist to collect funds
from donors, individuals, or business to: help facilitate NIL deals for student-athletes; facilitate payments to or transfers funds
to student-athletes; create ways for athletes to monetize from their NIL; and/or otherwise promote NIL for schools or student-
athletes. Bylaw 9.9.4.2, FHSAA.
25 Bylaw 9.9.4.5-6, FHSAA.
26 Bylaw 9.9.4.7, FHSAA. See bylaw 9.3.2.2, FHSAA.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
FHSAA member institution and their employees are subject to penalties, in accordance with FHSAA bylaws, for
violations of the NIL bylaw.27 The eligibility of student-athletes shall be impacted by violations of the NIL bylaw in
the following ways:28
For a first offense, the student-athlete shall receive a formal warning. If applicable, the student shall
immediately terminate/modify the NIL agreement, remove any advertisement, promotional activity, or
endorsement, and return any awards, gifts, or other compensation.
For a second offense, the student-athlete will be ineligible to represent any member school for a period of
one year from the date of discovery.
For a third offense, the student-athlete will be ineligible to compete in any interscholastic athletic contest in
any sport for the duration of the student-athlete’s high school career.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023B HB 7B LaMarca Hutson Effective February 16, 2023
OTHER RESOURCES:
High School NIL: State-by-state regulations for name, image and likeness rights
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Thompson
Professional Activities
Subcommittee
27 Bylaw 9.9.6.1-2, FHSAA.
28 Bylaw 9.9.6.3, FHSAA.
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
PCS for HB 981 2025
1 A bill to be entitled
2 An act relating to athlete representation and
3 compensation; amending s. 468.454, F.S.; prohibiting
4 an athlete agent of a student athlete from receiving
5 more than a specified percentage of the student
6 athlete's total compensation derived from the use of
7 the student athlete's name, image, or likeness;
8 creating s. 468.45651, F.S.; requiring the Department
9 of Business and Professional Regulation to maintain a
10 database of athlete agents which is accessible to the
11 public; providing a short title; amending s. 1006.20,
12 F.S.; requiring the FHSAA to adopt bylaws requiring
13 student athletes to register specified compensation
14 with the FHSAA; prohibiting the registration of any
15 other compensation for a student athlete; creating s.
16 1006.206, F.S.; authorizing high school student
17 athletes who meet specified criteria to earn
18 compensation for the use of their name, image, or
19 likeness; requiring students under a certain age to
20 obtain parental consent to earn such compensation;
21 providing requirements for such contracts and
22 agreements; authorizing student athletes to consult
23 with authorized advisors; requiring students under a
24 specified age to obtain parental consent for such
25 consultation; providing requirements for such
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26 advisors; providing school and Department of Education
27 responsibilities and requirements; authorizing the
28 department to conduct specified audits; requiring
29 schools to provide specified records for such audits;
30 requiring the State Board of Education to adopt rules;
31 providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Present subsection (12) of section 468.454,
36 Florida Statutes, is renumbered as subsection (13), and a new
37 subsection (12) is added to that section, to read:
38 468.454 Contracts.—
39 (12) Beginning with contracts executed on or after July 1,
40 2025, an agent contract with a student athlete or an athlete
41 specified in s. 1006.206 may not allow an athlete agent to
42 receive more than 5 percent of such athlete's total
43 compensation, whether monetary or otherwise, derived from an
44 endorsement deal, a promotional activity, or any other
45 opportunity with a name, image, and likeness collective in which
46 such athlete uses his or her name, image, or likeness. For
47 purposes of this subsection, a “name, image, and likeness
48 collective” has the same meaning as provided in 1006.206.
49 Section 2. Section 468.45651, Florida Statutes, is created
50 to read:
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51 468.45651 Database of athlete agents.—The department shall
52 maintain a database of athlete agents who are licensed pursuant
53 to this part. The database must be accessible to the public via
54 the Internet.
55 Section 3. Sections 4 and 5 of this act may be cited as
56 "The Florida High School Name, Image, and Likeness Act."
57 Section 4. Paragraph (n) is added to subsection (2) of
58 section 1006.20, Florida Statutes, to read:
59 1006.20 Athletics in public K-12 schools.—
60 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
61 (n) The FHSAA bylaws may not require a student athlete to
62 register compensation with the FHSAA, an FHSAA member school, or
63 any other entity.
64 Section 5. Section 1006.206, Florida Statutes, is created
65 to read:
66 1006.206 High school student athlete compensation; school
67 district and department responsibilities; rulemaking authority.—
68 (1) A high school student athlete who is preparing to
69 enter into collegiate sports, may earn compensation for the use
70 of his or her name, image, or likeness. A student under the age
71 of 18 must obtain written permission from his or her parent.
72 (2)(a) A student athlete specified in subsection (1) may
73 not engage in any name, image, and likeness activity or enter
74 into a contract or agreement involving adult entertainment
75 products and services; alcohol, tobacco, vaping, and nicotine
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76 products; controlled substances; prescription pharmaceuticals;
77 gambling, including sports betting, the lottery, and betting in
78 connection with video games, online games, and mobile devices;
79 weapons, firearms, and ammunition; or a name, image, and
80 likeness collective.
81 (b) For purposes of paragraph (a), a “name, image, and
82 likeness collective” does not include school sanctioned team
83 fundraising. However, a “name, image, and likeness collective”
84 does include, but is not limited to, a group, organization, or
85 cooperative enterprise that exists to collect funds from donors,
86 individuals, or businesses to:
87 1. Help facilitate name, image, and likeness deals for
88 student athletes.
89 2. Facilitate payments to or transfers funds to student
90 athletes.
91 3. Create ways for athletes to monetize from their name,
92 image, or likeness.
93 4. Otherwise promote name, image, and likeness activities
94 for schools or student athletes.
95 (c) Any name, image, and likeness contract or agreement
96 must comply with all state and federal laws.
97 (3) A student athlete may consult with a registered
98 advisor regarding compensation for the student's name, image, or
99 likeness. A student under the age of 18 must obtain written
100 permission from his or her parent to consult with an advisor.
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101 Registered advisors include:
102 (a) The student athlete's coach.
103 (b) The student athlete's academic advisor.
104 (c) Any designated employee of the student athlete’s school
105 who has registered as an advisor.
106
107 A person advising a student athlete must notify the school
108 principal or a designated school administrator of their role in
109 advising the student athlete.
110 (4) Each public high school with a student athlete
111 pursuing compensation for his or her name, image, or likeness:
112 (a) Must maintain a list of all registered advisors.
113 (b) May, and are encouraged to, provide educational
114 resources to assist student athletes in understanding name,
115 image, or likeness opportunities, financial literacy, and
116 contractual obligations as they transition to college.
117 Section 6. This act shall take effect July 1, 2025.
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PCS for HB 1219
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 #: PCS for HB 1219 COMPANION BILL: SB 922 (Leek)
TITLE: Employment Agreements LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill creates the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE)
Act to protect confidential information and client relationships by creating two types of agreements: covered
garden leave agreements and covered noncompete agreements. The agreements protect the confidentiality of
information and client relationships for up to 4 years, either while the covered employee remains employed
(covered garden leave agreement) or after the covered employee has left employment (covered noncompete
agreement).
Fiscal or Economic Impact:
The bill may have a positive economic impact by encouraging businesses to establish in Florida in order to enter
into garden leave agreements.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE)
Act to protect confidential information and client relationships. A covered employer1 and covered employee2 may
enter into a covered garden leave agreement in which the covered employer agrees to provide no more than 4
years of advance, express notice before terminating the employment or contractual relationship. (Section 1 and 2)
The time between the notice and agreed upon termination date is referred to as the notice period. In exchange, the
covered employee agrees not resign before the end of the notice period. The covered employer agrees to retain the
employee during the notice period and pay the same salary and benefits the covered employee received in the
month preceding the beginning of the notice period. However, the covered employer is not required to provide
discretionary incentive compensation or benefits or have the covered employee continue performing work during
the notice period and the covered employer may reduce, during the notice period, the term of the covered garden
leave agreement by providing 30 days advance notice. (Section 2)
1 The bill defines covered employer as an entity or individual who employs or engages a covered employee.
2 The bill defines covered employee as an employee or individual contractor who earns or is reasonably expected to earn a
salary greater than twice the annual mean wage, or who has access to his or her employer’s or client’s confidential information
or customer relationships.
STORAGE NAME: PCS1219.IPA
DATE: 3/17/2025
1
Covered garden leave agreements do not violate public policy as restraint of trade or an attempt to monopolize
trade or commerce in this state provided that:
The covered employee was advised, in writing, of the right to seek counsel and provided the covered
agreement at least 7 days before the agreement or offer of employment expired;
The covered employee acknowledged, in writing, receipt of confidential information or customer
relationships; and
The covered garden leave agreement provides that:
o After the first 90 days of the notice period, the covered employee does not have to provide services
to the covered employer;
o The covered employee may engage in nonwork activities at any time, including during normal
business hours, during the remainder of the notice period;
o The covered employee may, with the permission of the covered employer, work for another
employer while still employed by the covered employer during the notice period.
o The garden leave agreement notice period may be reduced during the notice period if the covered
employer provides at least 30 days' advance notice in writing to the covered employee. (Section 2)
Once a covered employer seeks enforcement of a covered garden leave agreement, the court must preliminarily
enjoin the covered employee from providing services to any business, entity, or individual other than the covered
employer during the notice period. The injunction may only be modified or dissolved if the covered employee
establishes by clear and convincing evidence that:
The covered employee will not perform, during the notice period, any work similar to the services provided
to the covered employer; or
The covered employer has failed to pay or provide the salary and benefits provided for in the covered
garden leave agreement during the notice period and has had a reasonable opportunity to cure the failure.
(Section 2)
Once a covered employer seeks enforcement of a covered garden leave agreement, the court must preliminarily
enjoin a business, an entity, or an individual from engaging a covered employee during the notice period. The
injunction may only be modified or dissolved if the covered employee establishes by clear and convincing evidence
that:
The covered employee will not provide any services covered by the agreement; or
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not
planning to engage in, any business activity similar to those of the covered employer during the notice
period. (Section 2)
The bill also creates covered noncompete agreements which are agreements, not to exceed 4 years, within a
specified geographic area defined in the agreement. (Section 2)
The covered employee agrees not to assume a role with another business, entity or individual in which it is
reasonably likely the covered employee would use confidential information or customer relationships of the
covered employer or provide services similar to the services provided to the covered employer during the three
years prior to the noncompete period. The noncompete period begins upon termination of employment and
continues through the end of the agreed-upon post-employment period provided in the agreement. A covered
noncompete agreement must reduce the noncompete period day-for-day by any nonworking portion of the notice
period of a covered garden leave agreement. (Section 2)
Covered noncompete agreements do not violate public policy as restraint of trade or an attempt to monopolize
trade or commerce in this state provided that:
The covered employee was advised, in writing, of the right to seek counsel and provided the covered
agreement at least 7 days before the agreement or offer of employment expired;
The covered employee acknowledged, in writing, receipt of confidential information or customer
relationships; and
The covered noncompete agreement provides that the agreement is reduced day-to-day by any
nonworking portion of the notice period, pursuant to a covered garden leave agreement between the
covered employee and the covered employer. (Section 2)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Once a covered employer seeks enforcement of a covered noncompete agreement, the court must preliminarily
enjoin the covered employee from providing services to any business, entity, or individual other than the covered
employer during the noncompete period. The injunction may only be modified or dissolved if the covered
employee establishes by clear and convincing evidence that:
The covered employee will not perform, during the noncompete period, any work similar to the services
provided to the covered employer or use confidential information or customer relationships of the covered
employer; or
The covered employer has failed to pay or provide the compensation provided for in the covered
noncompete agreement during the noncompete period and has had a reasonable opportunity to cure the
failure. (Section 2)
Once a covered employer seeks enforcement of a covered noncompete agreement, the court must preliminarily
enjoin a business, an entity, or an individual from engaging a covered employee during the noncompete period.
The injunction may only be modified or dissolved if the covered employee establishes by clear and convincing
evidence, based on public or other nonconfidential information, that:
The covered employee will not provide any services covered by the agreement or use confidential
information or customer relationships of the covered employer; or
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not
planning to engage in, any business activity similar to those of the covered employer during the
noncompete period and in the geographic area described in the agreement. (Section 2)
Any information filed with the court which the covered employer deems confidential, must be filed under seal to
protect confidentiality or avoid substantial injury. In addition, the court must presume that an employee or
individual contractor has access to confidential information or customer relationships if the employee or
individual contractor acknowledges the access or receipt of such access in writing. (Section 2)
Prior to entering covered garden leave agreements and covered noncompete agreements, a covered employer
must provide the proposed covered agreement to a prospective covered employee at least 7 days before the offer
of employment expires or 7 days before the covered agreement expires if the covered employee is a current
employee. (Section 2)
When enforcing either type of agreement, a reduction in salary or benefits or other appropriate action during the
noncompete or notice period due to gross misconduct by the covered employee may not be considered a breach of
the noncompete or garden leave agreement. In addition to injunctive relief, a prevailing covered employer is
entitled to recover all available monetary damages for all available claims.
The prevailing party is entitled to reasonable attorney fees and costs. (Section 2).
The effective date of the bill is July 1, 2025. (Section 3)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Noncompete Agreements (Restrictive Covenants)
Generally, a contract in restraint of trade or commerce in Florida is unlawful.3 However, non-competition
restrictive covenants4 contained in employment agreements that are reasonable in time, area, and line of business,
are not prohibited.5 In any action concerning enforcement of a restrictive covenant, a court may not enforce a
3 Section 542.18, F.S.
4 Section 542.335, F.S. employs the term “restrictive covenants” and includes all contractual restrictions such as
noncompetition/nonsolicitation agreements, confidentiality agreements, exclusive dealing agreements, and all other
contractual restraints of trade. See Henao v. Prof'l Shoe Repair, Inc., 929 So.2d 723, 726 (Fla. 5th DCA 2006).
5 S. 542.335(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought,
and the person seeking enforcement of a restrictive covenant must prove the existence of one or more legitimate
business interests justifying the restrictive covenant.6 The term “legitimate business interest” includes, but is not
limited to:
Trade secrets;7
Valuable confidential business or professional information that does not otherwise qualify as trade secrets;
Substantial relationships with specific prospective or existing customers, patients, or clients;
Customer, patient, or client goodwill associated with:
o An ongoing business or professional practice, by way of trade name, trademark, service mark, or
“trade dress;”
o A specific geographic location; or
o A specific marketing or trade area; or
Extraordinary or specialized training.8
Federal Trade Commission Rule
In September of 2024, the FTC’s rule9 against noncompete agreements was set to take effect to promote
competition by banning noncompete agreements nationwide.10 Under the rule, existing noncompete agreements
for most workers would no longer be enforceable.11 Existing noncompete agreements for senior executives would
remain in force, however, new noncompete agreements, even if they involve senior executives would be banned.12
Additionally, the rule requires employers to provide notice to workers other than senior executives who are bound
by an existing noncompete agreement that they will not be enforceable.13 Ultimately, the rule determined that it is
an unfair method of competition for employers to enter into noncompete agreements with workers, and therefore
noncompete agreements are a violation of Section 5 of the FTC Act.
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision, which held that
the FTC had the authority to issue its rule banning most employment based noncompete agreements.14
On August 14, 2024, the U.S. District Court for the Middle District of Florida entered a limited injunction
prohibiting the FTC from enforcing the FTC’s noncompete rule. The court used the “major questions doctrine” to
argue that the FTC did not have a valid grant of congressional authority to enact the rule.15
On August 20, 2024, the U.S. District Court for the Northern District of Texas granted summary judgement to the
plaintiffs in Ryan, LLC v. FTC, which sets aside the FTC’s noncompete clause rule.16 The court found that the FTC has
no authority to promulgate substantive rules regarding unfair competition, and the rule is invalid because it is
arbitrary and capricious.17
6 Id.
7 S. 688.002(4), F.S., defines a “trade secret” as information, including a formula, pattern, compilation, program, device,
method, technique, or process that derives independent economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure
or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
8 S. 542.335(1)(b), F.S.
9 16 C.F.R. § 910.1-6
10 FTC Announces Rule Banning Noncompetes, The Federal Trade Commission, available at https://www.ftc.gov/news-
events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes (last visited Mar. 14, 2025).
11 Id.
12 Id. The final rule defines “senior executives” as workers earning more than $151,164 annually and who are in policy-making
positions. See id. See also 16 C.F.R. § 910.1-6.
13 Id.
14 ATS Tree Services, LLC. v. Federal Trade Commission, WL 3511630 (E.D. Pa. 2024). The court found that the FTC has broad
authority to regulate “unfair methods of competition” under the FTC Act. See also 15 U.S.C. §§ 41-58.
15 Properties of the Villages, Inc. v. Federal Trade Commission, WL 3870380 (M.D. Fla. 2024). The “major questions doctrine”
requires administrative agencies issuing rules of extraordinary economic and political significance to point to clear and
unambiguous congressional intent to confer such power on the agency.
16 Ryan, LLC v. Federal Trade Commission, 746 F.Supp.3d 369 (N.D. Tex. 2024). This is a nation wide injunction. The FTC is
17 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Garden Leave Agreements
The term garden leave refers to agreements in which the worker remains employed, receives the same total annual
compensation and benefits, but their access to co-workers and company facilities is restricted.18 Such agreements
are not post-employment restrictions.19
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Brackett
Professional Activities
Subcommittee
18 Non-Compete Clause Rule, 89 FR 38342, 38366 (May 7, 2024)
https://www.federalregister.gov/documents/2024/05/07/2024-09171/non-compete-clause-rule
19 Id.
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
PCS for HB 1219 2025
1 A bill to be entitled
2 An act relating to employment agreements; creating
3 part I of ch. 542, F.S., entitled the "Florida
4 Antitrust Act of 1980"; creating part II of ch. 542,
5 F.S., entitled the "Florida Contracts Honoring
6 Opportunity, Investment, Confidentiality, and Economic
7 Growth (CHOICE) Act"; creating s. 542.41, F.S.;
8 providing a short title; creating s. 542.42, F.S.;
9 providing legislative findings; creating s. 542.43,
10 F.S.; defining terms; creating s. 542.44, F.S.;
11 providing applicability; providing that certain
12 covered garden leave agreements are not a restraint of
13 trade or an attempt to monopolize trade or commerce;
14 providing notice requirements for covered garden leave
15 agreements; providing that a covered employer may
16 waive any portion of such notice requirements by
17 providing a specified amount of advance written notice
18 to the covered employee; providing that covered garden
19 leave agreements do not affect other agreements;
20 requiring a court to enter a preliminary injunction to
21 stop covered employees, businesses, entities, or
22 individuals if a breach of a covered garden leave
23 agreement is alleged; authorizing the court to modify
24 such an injunction if a covered employee, business,
25 entity, or individual establishes certain information
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26 by clear and convincing evidence; requiring that
27 certain information be provided to the court under
28 seal; providing that a prevailing covered employer is
29 entitled to recover all available monetary damages for
30 all available claims; providing that a prevailing
31 party is entitled to reasonable attorney fees and
32 costs; authorizing a covered employer to reduce the
33 salary or benefits of a covered employee if he or she
34 engages in gross misconduct; providing that such a
35 reduction is not a breach of the covered garden leave
36 agreement; creating s. 542.45, F.S.; providing
37 applicability; providing that certain covered
38 noncompete agreements are not a restraint of trade or
39 an attempt to monopolize trade or commerce; providing
40 notice requirements for covered noncompete agreements;
41 providing that covered noncompete agreements do not
42 affect other agreements; requiring a court to enter a
43 preliminary injunction to stop covered employees,
44 businesses, entities, or individuals if a breach of a
45 covered noncompete agreement is alleged; authorizing
46 the court to modify such an injunction if a covered
47 employee, business, entity, or individual establishes
48 certain information by clear and convincing evidence;
49 requiring that certain information be provided to the
50 court under seal; providing that a prevailing covered
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51 employer is entitled to recover all available monetary
52 damages for all available claims; providing that a
53 prevailing party is entitled to reasonable attorney
54 fees and costs; authorizing a covered employer to
55 reduce the salary or benefits of a covered employee if
56 he or she engages in gross misconduct; providing that
57 such a reduction is not a breach of the covered
58 noncompete agreement; providing construction regarding
59 a restrictive covenant that does not meet the
60 definition of a covered garden leave agreement or a
61 covered noncompete agreement; providing an effective
62 date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Part I of chapter 542, Florida Statutes,
67 consisting of ss. 542.15-542.36, Florida Statutes, is created
68 and entitled the "Florida Antitrust Act of 1980."
69 Section 2. Part II of chapter 542, Florida Statutes,
70 consisting of ss. 542.41-542.45, Florida Statutes, is created
71 and entitled the "Florida Contracts Honoring Opportunity,
72 Investment, Confidentiality, and Economic Growth (CHOICE) Act."
73 542.41 Short title.—This part may be cited as the "Florida
74 Contracts Honoring Opportunity, Investment, Confidentiality, and
75 Economic Growth (CHOICE) Act."
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76 542.42 Legislative findings.—The Legislature finds that a
77 proper and legitimate state interest is served by enforcing
78 strong legal protections in contracts between employers and
79 contracted personnel which encourage optimal levels of
80 information sharing and training and development. The
81 Legislature further finds that alternative means of protecting
82 confidential information and client relationships, such as
83 nondisclosure agreements, fixed-duration term contracts, and
84 nonsolicitation clauses in employment contracts, are inadequate
85 to protect against the significant global risks faced by
86 companies in this state. The Legislature further finds that
87 predictability in the enforcement of contracts described in this
88 part encourages investment in this state. Therefore, the
89 Legislature determines and declares that this part fulfills an
90 important state interest.
91 542.43 Definitions.—For the purposes of this part, the
92 term:
93 (1) "Annual mean wage of employees in Florida" or "annual
94 mean wage" means the most recent annual mean wage as calculated
95 by the United States Department of Labor Bureau of Labor
96 Statistics, or its successor calculation, for all occupations in
97 this state.
98 (2) "Benefit" means access to health insurance, life
99 insurance, or disability insurance that is the same as or
100 similar to the insurance that a covered employee had access to
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101 and at the same cost to that employee during the month before
102 the commencement of his or her notice period.
103 (3) "Covered employee" means an employee or individual
104 contractor who earns or is reasonably expected to earn a salary
105 greater than twice the annual mean wage, or who has access to
106 his or her employer's or client's confidential information or
107 customer relationships. The term does not include a person
108 classified as a medical professional as defined in s. 1006.0626.
109 (4) "Covered employer" means an entity or individual who
110 employs or engages a covered employee.
111 (5) "Covered garden leave agreement" means a written
112 agreement, or part of a written agreement, between a covered
113 employee and covered employer in which:
114 (a) The covered employee and covered employer agree to up
115 to, but no more than, 4 years of advance, express notice before
116 terminating the employment or contractor relationship;
117 (b) The covered employee agrees not to resign before the
118 end of such notice period; and
119 (c) The covered employer agrees to retain the covered
120 employee for the duration of such notice period and to continue
121 paying the covered employee the same salary and providing the
122 same benefits that the covered employee received from the
123 covered employer in the last month before the commencement of
124 the notice period. The covered employer is not obligated to
125 provide discretionary incentive compensation or benefits or have
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126 the covered employee continue performing any work during the
127 notice period.
128 (6) "Covered noncompete agreement" means a written
129 agreement, or a portion of a written agreement, between a
130 covered employee and a covered employer in which, for a period
131 not to exceed 4 years and within the geographic area, defined in
132 the agreement the covered employee agrees not to assume a role
133 with or for another business, entity, or individual:
134 (a) In which the covered employee would provide services
135 similar to the services provided to the covered employer during
136 the 3 years preceding the noncompete period; or
137 (b) In which it is reasonably likely the covered employee
138 would use the confidential information or customer relationships
139 of the covered employer.
140 (7) "Noncompete period" means the time from the covered
141 employee's termination of employment through the end of the
142 agreed-upon postemployment period of noncompetition as set forth
143 in the covered noncompete agreement.
144 (8) "Notice period" means the date from the covered
145 employee's or covered employer's written notice of intent to
146 terminate the covered employee's employment through the date of
147 termination as set forth in a covered garden leave agreement.
148 (9) "Primary place of work" means the location where the
149 covered employee spends more work time than any other single
150 workplace.
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151 (10) "Salary" means the base compensation, calculated on
152 an annualized basis, which a covered employer pays a covered
153 employee, including a base wage, a salary, a professional fee,
154 or other compensation for personal services, and the fair market
155 value of any benefit other than cash. Salary does not include
156 health care benefits, severance pay, retirement benefits,
157 expense reimbursement, distribution of earnings and profits not
158 included as compensation for personal services, discretionary
159 incentives or awards, or anticipated but indeterminable
160 compensation, including tips, bonuses, or commissions.
161 542.44 Covered garden leave agreement.—
162 (1) APPLICABILITY.—This section applies to:
163 (a) A covered garden leave agreement with a covered
164 employee who maintains a primary place of work in this state,
165 regardless of any applicable choice of law provisions; or
166 (b) A covered employee who is subject to a covered garden
167 leave agreement with a covered employer with a significant nexus
168 to this state.
169
170 If any provision of this section is in conflict with any other
171 law, the provisions of this section shall govern.
172 (2) RESTRAINT OF TRADE.—A covered garden leave agreement
173 does not violate public policy as a restraint of trade, as
174 described in s. 542.18, or an attempt to monopolize trade or
175 commerce in this state, as described in s. 542.19, and is fully
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176 enforceable according to its terms, provided that:
177 (a) A covered employee was advised, in writing, of the
178 right to seek counsel prior to execution of the covered garden
179 leave agreement and was provided notice as described in
180 subsection (3);
181 (b) A covered employee acknowledges, in writing, receipt
182 of confidential information or customer relationships; and
183 (c) The covered garden leave agreement provides that:
184 1. After the first 90 days of the notice period, the
185 covered employee does not have to provide services to the
186 covered employer;
187 2. The covered employee may engage in nonwork activities
188 at any time, including during normal business hours, during the
189 remainder of the notice period; and
190 3. The covered employee may, with the permission of the
191 covered employer, work for another employer while still employed
192 by the covered employer during the remainder of the notice
193 period.
194 4. The garden leave agreement notice period may be reduced
195 during the notice period if the covered employer provides at
196 least 30 days' advance notice in writing to the covered
197 employee.
198 (3) NOTICE.—
199 (a) A covered employer must provide a proposed covered
200 garden leave agreement to:
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201 1. A prospective covered employee at least 7 days before
202 an offer of employment expires; or
203 2. A current covered employee at least 7 days before the
204 date that an offer to enter into a covered garden leave
205 agreement expires.
206 (b) A covered employer may, as provided for in the covered
207 garden leave agreement, shorten the term of the notice period at
208 any time during the notice period by providing at least 30 days'
209 advance notice in writing to the covered employee.
210 (4) OTHER AGREEMENTS.—This section does not affect or
211 limit the enforceability of any other employment agreement or
212 any other agreement.
213 (5) BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES.—
214 (a) Upon application by a covered employer seeking
215 enforcement of a covered garden leave agreement, a court must
216 preliminarily enjoin a covered employee from providing services
217 to any business, entity, or individual other than the covered
218 employer during the notice period. The court may modify or
219 dissolve the injunction only if the covered employee establishes
220 by clear and convincing evidence that:
221 1. The covered employee will not perform, during the
222 notice period, any work similar to the services provided to the
223 covered employer during the 3-year period preceding the
224 commencement of the notice period, or use confidential
225 information or customer relationships of the covered employer;
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226 or
227 2. The covered employer has failed to pay or provide the
228 salary and benefits provided for in the covered garden leave
229 agreement during the notice period and has had a reasonable
230 opportunity to cure the failure.
231 (b) Upon application by a covered employer seeking
232 enforcement of a covered garden leave agreement, a court must
233 preliminarily enjoin a business, an entity, or an individual
234 from engaging a covered employee during the covered employee's
235 notice period. The court may modify or dissolve the injunction
236 only if the business, entity, or individual establishes by clear
237 and convincing evidence, based on public or other
238 nonconfidential information, that:
239 1. The covered employee will not provide any services
240 similar to the services provided to the covered employer during
241 the 3-year period preceding the commencement of the notice
242 period, or use confidential information or customer
243 relationships of the covered employer; or
244 2. The business or individual seeking to employ or engage
245 the covered employee is not engaged in, and is not planning or
246 preparing to engage in, any business activity similar to those
247 engaged in by the covered employer during the notice period.
248
249 Any information filed with the court which the covered employer
250 deems to be confidential must be filed under seal to protect
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251 confidentiality or avoid substantial injury. A court must
252 presume that an employee or individual contractor has access to
253 confidential information or customer relationships if the
254 employee or individual contractor acknowledges the access or
255 receipt of such access in writing.
256 (c) The injunctive relief provided under this section is
257 not an exclusive remedy, and a prevailing covered employer is
258 entitled to recover all available monetary damages for all
259 available claims.
260 (d) In any action to enforce this section, the prevailing
261 party is entitled to reasonable attorney fees and costs.
262 (e) If the covered employee engages in gross misconduct
263 against the covered employer, the covered employer may reduce
264 the salary or benefits of the covered employee or take other
265 appropriate action during the notice period, which reduction or
266 other action may not be considered a breach of the covered
267 garden leave agreement.
268 542.45 Covered noncompete agreements.—
269 (1) APPLICABILITY.—This section applies to:
270 (a) A covered noncompete agreement with a covered employee
271 who maintains a primary place of work in this state, regardless
272 of any applicable choice of law provisions; or
273 (b) A covered employee who is subject to a covered
274 noncompete agreement with a covered employer with a significant
275 nexus to this state.
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276
277 In either case, if any provision of this section is in conflict
278 with any other law, the provisions of this section govern.
279 (2) RESTRAINT OF TRADE.—A covered noncompete agreement
280 does not violate public policy as a restraint of trade, as
281 described in s. 542.18, or an attempt to monopolize trade or
282 commerce in this state, as described in s. 542.19, and is fully
283 enforceable according to its terms, provided that:
284 (a) A covered employee was advised, in writing, of the
285 right to seek counsel prior to execution of the covered
286 noncompete agreement and was provided notice as described in
287 subsection (3);
288 (b) A covered employee acknowledges, in writing, receipt
289 of confidential information or customer relationships; and
290 (c) A covered noncompete agreement provides that the
291 noncompete period is reduced day-for-day by any nonworking
292 portion of the notice period, pursuant to a covered garden leave
293 agreement between the covered employee and the covered employer,
294 if applicable.
295 (3) NOTICE.—A covered employer must provide a proposed
296 covered noncompete agreement to:
297 (a) A prospective covered employee at least 7 days before
298 an offer of employment expires; or
299 (b) A current covered employee at least 7 days before the
300 date that an offer to enter into a covered noncompete agreement
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301 expires.
302 (4) OTHER AGREEMENTS.—This section does not affect or
303 limit the enforceability of any other employment agreement or
304 any other agreement.
305 (5) BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES.—
306 (a) Upon application by a covered employer seeking
307 enforcement of a covered noncompete agreement, a court must
308 preliminarily enjoin a covered employee from providing services
309 to any business, entity, or individual other than the covered
310 employer during the noncompete period. The court may modify or
311 dissolve the injunction only if the covered employee establishes
312 by clear and convincing evidence that:
313 1. The covered employee will not perform, during the
314 noncompete period, any work similar to the services provided to
315 the covered employer during the 3-year period preceding the
316 commencement of the noncompete period, or use confidential
317 information or customer relationships of the covered employer;
318 or
319 2. The covered employer has failed to pay or provide the
320 consideration provided for in the covered noncompete agreement
321 and has had a reasonable opportunity to cure the failure.
322 (b) Upon application by a covered employer seeking
323 enforcement of a covered noncompete agreement, a court must
324 preliminarily enjoin a business, an entity, or an individual
325 from engaging a covered employee during the covered employee's
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326 noncompete period. The court may modify or dissolve the
327 injunction only if the business, entity, or individual
328 establishes by clear and convincing evidence, based on public or
329 other nonconfidential information, that:
330 1. The covered employee will not provide any services
331 similar to the services provided to the covered employer during
332 the 3-year period preceding the commencement of the noncompete
333 period, or use confidential information or customer
334 relationships of the covered employer; or
335 2. The business or individual seeking to employ or engage
336 the covered employee is not engaged in, and is not planning or
337 preparing to engage in, any business activity in the geographic
338 area specified in the noncompete agreement during the noncompete
339 period if such business activity is similar to those engaged in
340 by the covered employer.
341
342 Any information filed with the court which the covered employer
343 deems to be confidential must be filed under seal to protect
344 confidentiality or avoid substantial injury. A court must
345 presume that an employee or individual contractor has access to
346 confidential information or customer relationships if the
347 employee or individual contractor acknowledges the access or
348 receipt of such access in writing.
349 (c) The injunctive relief provided in this section is not
350 an exclusive remedy, and a prevailing covered employer is
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351 entitled to recover all available monetary damages for all
352 available claims.
353 (d) In any action to enforce this section, the prevailing
354 party is entitled to reasonable attorney fees and costs.
355 (e) If the covered employee engages in gross misconduct
356 against the covered employer, the covered employer may reduce
357 the salary or benefits of the covered employee or take other
358 appropriate action during the noncompete period, which reduction
359 or other action may not be considered a breach of the covered
360 noncompete agreement.
361
362 Any action regarding a restrictive covenant that does not meet
363 the definition of a covered garden leave agreement or a covered
364 noncompete agreement as provided in this part is governed by s.
365 542.335.
366 Section 3. This act shall take effect July 1, 2025.
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