Industries & Professional Activities Subcommittee, Wednesday, March 26, 2025
Summary
Meeting packet of the Industries & Professional Activities Subcommittee of the Florida House of Representatives Commerce Committee for Wednesday, March 26, 2025, 8:00 AM to 11:00 AM. The agenda lists CS/HB 277, HB 453, CS/HB 4011 and HB 6033, plus proposed committee substitutes for HB 291, HB 499 and HB 709. The bill analysis for CS/HB 277 (Veterans' Benefits Assistance) states that the bill limits provider compensation to the lesser of five times the monthly increase in benefits awarded or $12,500. The packet closes with an amendment offered by Representative Esposito to PCS for HB 709 (Jai Alai Permitholders), requiring a minimum of 59 live performances.
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Industries & Professional Activities
Subcommittee
Wednesday, March 26, 2025
8:00 AM – 11:00 AM
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 26, 2025
8:00am – 11:00am
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/HB 277 Veterans' Benefits Assistance by Intergovernmental Affairs Subcommittee,
Albert, Alvarez, D.
• HB 453 Pool/Spa Contractors by Smith, Alvarez, D.
• CS/HB 4011 Palm Beach County by Intergovernmental Affairs Subcommittee, Skidmore
• HB 6033 Labor Pool Act by Abbott
V. Consideration of the following proposed committee substitute(s):
• PCS for HB 291 -- Personal Mobility Device Battery Safety Standards
• PCS for HB 499 -- Malt Beverages
• PCS for HB 709 -- Jai Alai Permitholders
VI. Closing Remarks
VII. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
CS/HB 277
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 277 COMPANION BILL: CS/SB 910 (Collins)
TITLE: Veterans' Benefits Assistance LINKED BILLS: None
SPONSOR(S): Albert, Alvarez, D. RELATED BILLS: None
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
18 Y, 0 N, As CS Activities
SUMMARY
Effect of the Bill:
The bill establishes standards for persons assisting a veteran or any eligible beneficiary of a veteran including his
or her spouse or dependent child in applying for benefits administered by the Florida Department of Veterans’
Affairs or the United States Department of Veterans Affairs.
The bill provides that a person assisting a veteran in applying for benefits may only be compensated if they make
certain disclosures to the veteran, including the existence of other organizations that provide assistance for free.
The bill limits the amount of compensation a provider may receive for their services, prohibits guaranteeing a
successful outcome or specific result, and requires the provider to follow certain procedures to protect the
veteran’s personally identifiable protected information. The bill also prohibits a person from receiving
compensation for referring someone to a person who provides assistance in applying for benefits.
The bill provides that a violation of these requirements is a violation the Florida Deceptive and Unfair Trade
Practices Act.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state government expenditures to the extent additional
violations of the Florida Deceptive and Unfair Trade Practices Act are prosecuted.
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ANALYSIS
EFFECT OF THE BILL:
The bill establishes standards for persons assisting a veteran or any eligible beneficiary of a veteran including his
or her spouse or dependent child in applying for benefits administered by the Florida Department of Veterans’
Affairs (FDVA) or the United States Department of Veterans Affairs (VA).
The bill prohibits any provider from receiving compensation for referring an individual to another person who will
advise, assist, or consult with the applicant regarding a veterans’ benefits matter. (Section 1)
The bill provides that a provider may receive compensation for providing services in connection to a claim filed
within the one-year presumptive period after active-duty release as determined by the VA, but only if the veteran
signs a waiver acknowledging that he or she is within the presumptive period and is choosing to deny the free
services available. Furthermore, to receive compensation, the service provider must enter a written agreement
signed by both parties that specifies the terms of compensation and provides that compensation may only be paid
if the veteran is successful in securing an increase in benefits. The bill limits the amount of compensation the
service provider may receive at the lesser of five times the amount of the monthly increase in benefits awarded or
$12,500. (Section 1)
STORAGE NAME: h0277b.IPA
DATE: 3/24/2025
1
The bill requires the service provider to provide a written and oral disclosure stating:
The provider is not affiliated with the FDVA or the VA.
The services being provided are available free of charge from other organizations,
The provider is not necessarily endorsed by any of the other organizations.
The veteran may qualify for other veterans’ benefits beyond the benefits for which they are receiving
services. (Section 1)
The disclosure must meet certain criteria to ensure it is easily identifiable, must be signed by the veteran, and the
service provider must retain a copy for at least six years after the service relationship ends. (Section 1)
The bill prohibits a provider from charging an initial or non-refundable fee or any interest charge on a payment
plan agreed to between the parties. A service provider is also prohibited from guaranteeing a successful outcome
or that a veteran will receive certain benefits or a specific level, percentage, or amount of veterans’ benefits.
(Section 1)
In the event a veteran dies before a claim is processed, the bill requires any expected compensation to be waived,
provides that a charge, fee, or debt may not be collected, and requires any payment plan for services be terminated
immediately. (Section 1)
The bill requires the provider follow certain procedures to protect the veteran’s personally identifiable protected
information, including prohibiting the use of international call or data center to process information, prohibiting
the use of a veteran’s personal information to access certain data, and requiring individuals undergo a level 2
background screening before entering into any agreement with a veteran for veterans’ benefits. (Section 1)
The bill requires that a provider provide copies of all executed documents discussed above be given to the veteran
being assisted. The provider must keep a copy of all executed documents for six years. (Section 1)
If an individual files a complaint with the Consumer Protection Division of the Office of the Attorney General
against a provider giving services in return for compensation, the provider may not receive compensation before
the resolution of the complaint. (Section 1)
The bill provides that a violation of any of these requirements is a violation of Florida Deceptive and Unfair Trade
Practices Act. (Section 1)
The bill does not apply to, limit, or expand requirements for agents or employees of the VA or agents or attorneys
accredited and regulated by the VA. (Section 1)
The bill provides an effective date of upon becoming a law. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state government expenditures to the extent additional
violations of the Florida Deceptive and Unfair Trade Practices Act are prosecuted.
PRIVATE SECTOR:
May result in an indeterminate negative fiscal impact on a private provider of assistance with securing veterans’
benefits.
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2
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Veterans’ Affairs (FDVA)
The FDVA is a nearly 1,500-member constitutionally chartered1 department with a budget of $218 million for FY
2024-25.2 FDVA operates a network of nine state veterans’ homes and provides statewide outreach to connect
veterans and their spouses with services, benefits, and support.3 FDVA is currently required to provide benefits
and services in the fields of health care, mental health and substance abuse, claims support, education,
employment, housing, burial benefits, and legal assistance to veterans and their spouses.4
Florida is home to 21 military installations5 and 66,971 military personnel.6 Florida also has the nation’s third-
largest veteran7 population, with almost 1.4 million veterans.8
The FDVA also annually produces the Florida Veterans’ Benefits Guide, to connect veterans and their families with
earned federal and state benefits, services, and support. The guide provides a comprehensive listing of services and
benefits for veterans in the state.9
Veterans Claims Examiners
FDVA oversees and operates the Bureau of Veteran Claim Services (Bureau) within the Division of Veterans’
Benefits and Assistance.10 Through the Bureau, veterans’ claims examiners assist veterans in securing earned
services, benefits, and support.
The FDVA houses claims examiner offices throughout the state and at the U.S. Department of Veterans Affairs (VA)
Regional Office in Bay Pine, each VA Medical Center, and many VA Outpatient Clinics.11 Claims assistance is
provided at no cost and covers all state and federal veterans’ programs.12
City and County Veteran Service Officers
City and county veteran service officers are hired locally, respectively by their local municipality or the board of
county commissioners.13 To qualify, an applicant must be a veteran who:
Served in the active military, naval, or air service; and
Was discharged or released under honorable conditions or who later received an upgraded discharge
under honorable conditions.
The applicant must additionally have a minimum of a 2-year degree from an accredited institute of higher
education, a high school degree or its equivalent, and four years of administrative experience. A surviving spouse
may be hired if the veteran spouse meets these qualifications.
1 Art. IV, s. 11, Fla. Const.
2Florida Department of Veterans’ Affairs, 2024 Annual Report, pg. 3 (last visited Feb. 18, 2025).
3 Florida Department of Veterans’ Affairs, Florida Department of Veterans’ Affairs – Our Vision and Mission (last visited Feb. 18,
2025).
4 Florida Department of Veterans’ Affairs, Benefits & Services (last visited Feb. 18, 2025).
5 Select Florida, Defense & Homeland Security (last visited Feb. 18, 2025).
6 Florida Commerce, Florida Military & Defense: Economic Impact Summary (January 2024) (last visited Feb. 18, 2025).
7 Section 1.01(14), F.S., defines a “veteran” as a person who served in the active military, naval, or air service and who was
discharged or released under honorable conditions, or who later received an upgraded discharge under honorable conditions.
8 U.S. Department of Veterans Affairs, National Center for Veterans Analysis and Statistics, VetPop2023 Living Veterans by State,
Age Group, Gender, 2023-2053 (last visited Feb. 18, 2025). The Veteran Population Projection Model 2023 (VetPop2023)
provides an official veteran population projection from the U.S. Department of Veterans Affairs.
9 Florida Department of Veterans’ Affairs, Florida Veterans’ Benefits Guide (last visited Feb. 18, 2025).
10 S. 20.37(2), F.S.
11 Florida Department of Veterans’ Affairs, Claims (last visited Feb. 18, 2025).
12 Id.
13 S. 292.11(1), F.S.
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3
The FDVA provides required training for county and city veteran service officers to assist veterans, and every
veteran service officer must successfully pass a test administered by the FDVA.14 In addition, the FDVA requires
completion of periodic training refresher courses as a condition of continuing employment.
Federal Law on Paid Services for Benefit Assistance of Veterans
Federal law governs the payment of fees by a veteran to an accredited agent or attorney for representation in
securing federal benefits.15 An accredited attorney or an agent may receive fees for representation before an
agency of original jurisdiction or the Board of Veterans’ Appeals, subject to limitation.16 Any fee agreement for
providing these services must include:
The name of the veteran;
The name of the claimant or appellant if other than the veteran;
The name of any disinterested third-party payer and their relationship with the veteran, claimant, or
appellant;
The VA file number;
Specific terms under which the amount to be paid for services is determined; and
If the VA is to pay the agent or attorney directly out of past due benefits.17
The fee agreement must also include the following statement, signed by the provider:
“I certify that no agreement, oral or otherwise, exists under which the claimant or appellant will provide
anything of value to the third-party payer in this case in return for payment of my fee or salary, including,
but not limited to, reimbursement of any fees paid.”18
Any fee charged for services must be reasonable, based on:
The extent and type of services performed;
The complexity of the case;
The level of skill and competence required in giving the services;
The amount of time spent on the case;
The results achieved, including the amount of benefits recovered;
The level of review to which the claim was taken and the representative retained;
Rates charged by other representatives for similar services;
Whether, and to what extent, the payment of fees is contingent upon the results achieved; and
If applicable, why an agent or attorney was discharged or withdrew from representation before the date of
the decision awarding benefits.19
A presumption of reasonableness applies if a fee does not exceed 20 percent of a past-due benefit if the
representative provided service through the date of the decision awarding benefits. If a fee exceeds 33 and 1/3
percent of a past-due benefit, it is considered unreasonable. Each presumption is disputable by showing clear and
convincing evidence.20
Filing of a Notice of Disagreement
A Notice of Disagreement is a filing by a claimant who disagrees with the decision made by the VA on a disability
compensation claim.21 Although the claim decision by the VA becomes certified after 30 days, it is not final until
one year after the date of the decision. Therefore, the claimant can file a Notice of Disagreement at any time up to
one year from the date of decision.
14 S. 291.11(4), F.S.
15 38 CFR s. 14.636.
16 See 38 CFR ss. 14.636(c)(1)(i) and (ii), (2)(i) and (ii).
17 38 CFR s. 14.636(g).
18 38 CFR s. 14.636(d)(2)(iii).
19 38 CFR s. 14.636(e).
20 38 CFR 14.636(f).
21 Veterans News, How to File a Notice of Disagreement on your VA Compensation Claim (last visited Feb. 18, 2025).
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4
Background Screening
Current law provides standard procedures for screening a prospective employee22 where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable persons.23 Chapter
435, F.S., establishes procedures for criminal history background screening of prospective employees and outlines
the screening requirements. There are two levels of background screening: level 1 and level 2.
Level 1: Screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a check of
the Dru Sjodin National Sex Offender Public Website,24 and may include criminal records checks
through local law enforcement agencies. A Level 1 screening may be paid for and conducted
through FDLE’s website, which provides immediate results.25
Level 2: Screening includes, at a minimum, fingerprinting for statewide criminal history records
checks through FDLE and national criminal history checks through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks through local law enforcement
agencies.26
All individuals subject to background screening must be confirmed to have not been arrested for and waiting final
disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or
been adjudicated delinquent and the record has not been sealed or expunged for, any of the 52 statutorily
enumerated offenses that are prohibited under Florida law, or similar law of another jurisdiction.27
Current law requires some positions to be screened for additional criminal offenses due to the nature of the
position or the populations being served. For example, some positions under the authority of the Agency for Health
Care Administration are screened for additional offenses, such as financial crimes like fraud.28
The criminal history check process does not limit disqualification based on when an offense was committed. As
such, any history of a listed offense is considered disqualifying regardless of when the offense was committed. Only
through the exemption process can some offenses be disregarded dependent on when they were committed.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The 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.29 The FDUTPA is
based on federal law, specifically section 5 of the Federal Trade Commission Act.30
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.31
Failing to abide by storage requirements for personal information and notice requirements for data
breaches of such information.32
Failing to abide by requirements for weight-loss programs.33
22 Section. 435.02, F.S., defines an “employee” to mean any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
23 Ch. 435, F.S.
24 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site. Available at www.nsopw.gov (last visited Mar, 19, 2025).
25 Florida Dept. of Law Enforcement, State of Florida Criminal History Records Check. (last visited Mar. 19, 2025).
26 S. 435.04, F.S.
27 S. 435.04(2), F.S.
28 See, s. 408.809, F.S.
29 Ss. 501.202 and 501.203(8), F.S. Trade or commerce includes the advertising, soliciting, or providing of a good or service.
30 S. 501.204(2), F.S. See also 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).
31 S. 501.160, F.S.
32 S. 501.171, F.S.
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5
The state attorney or the Department of Legal Affairs (DLA) may bring FDUTPA actions on behalf of consumers or
governmental entities.34 The Office of the State Attorney (SAO) may enforce violations of the FDUTPA if the
violations take place in its jurisdiction.35 The Department of Legal Affairs 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. Consumers may also file suit through private actions.36
The DLA and the SAO may investigate FDUTPA claims by administering oaths and affirmations, subpoenaing
witnesses or matter, and collecting evidence.37
Claims may be enforced by declaratory judgments, injunctive relief, recovery of actual damages on behalf of
consumers and businesses, cease and desist orders, and civil penalties of up to $10,000 per willful violation.38
The maximum civil penalty increases to $15,000 per violation if the victim is an active duty servicemember or a
veteran or the spouse or dependent child of an active duty servicemember or veteran.39
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIntergovernmental Affairs 18 Y, 0 N, As CS 3/19/2025 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE Limited the providers’ maximum compensation to 5 months of benefits
COMMITTEE: or $12,500, whichever is less.
Required the providers’ disclosure to be made orally and in writing.
Increased the providers’ required documentation retention timeframe
from 1 year to 6 years.
Required providers to complete a level 2 background screening.
Prohibited compensation of providers before certain complaints have
been resolved.
Industries & Professional Activities Anstead Thompson
Subcommittee
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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33 S. 501.0579, F.S.
34 Ss. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state
attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if
the violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to
act within a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and
Geographic Coverage; State Actions for Consumer Restitution, 76 Fla. B.J. 52, Dec. 2002 (analyzing the merits of FDUPTA and the
potential for deterrence of anticompetitive conduct in Florida).
35 S. 501.203(2), F.S.
36 S. 501.211, F.S.
37 S. 501.206(1), F.S.
38 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. S. 501.2075, F.S. Enforcing
authorities may also request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
39 S. 501.2077(2), F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 277 2025
1 A bill to be entitled
2 An act relating to veterans' benefits assistance;
3 creating s. 501.9741, F.S.; providing definitions;
4 prohibiting a person from receiving compensation for
5 referring an individual to another person for
6 advising, assisting, or consulting on veterans'
7 benefits matters; authorizing compensation for
8 services rendered during a specified period only under
9 certain circumstances; requiring that, before such
10 services are rendered, a written agreement, which must
11 include specified information, be signed by both
12 parties; requiring that persons who advise, assist, or
13 consult on veterans' benefits matters for compensation
14 provide a specified oral and written disclosure before
15 entering into a business relationship with a client;
16 prohibiting a provider who advises, assists, or
17 consults on veterans' benefits matters from charging
18 certain fees; prohibiting the charging of interest on
19 payment plans; providing requirements in the event of
20 the death of a veteran claimant; prohibiting certain
21 guarantees; providing security requirements for the
22 handling of a veteran's personal and account
23 information; requiring a provider to successfully
24 complete a specified background screening before
25 entering into an agreement with a veteran for
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26 veterans' benefits matters; requiring a provider to
27 provide copies of certain documents to the veteran and
28 maintain a copy of such documents pursuant to
29 specified provisions; prohibiting a person who
30 provides services from receiving compensation before
31 the resolution of a certain complaint if the
32 individual receiving services files such a complaint;
33 providing that a violation is a deceptive and unfair
34 trade practice which may be subject to specified
35 penalties; providing construction; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 501.9741, Florida Statutes, is created
41 to read:
42 501.9741 Assisting in veterans' benefits matters.—
43 (1) DEFINITIONS.—As used in this section, the term:
44 (a) "Compensation" means payment of any money, thing of
45 value, or economic benefit conferred on or received by a person
46 in return for services rendered or to be rendered.
47 (b) "Provider" means an entity or individual assisting
48 veterans with veterans' benefits matters.
49 (c) "Veteran" has the same meaning as in s. 1.01(14) and
50 includes eligible peacetime service as defined in s. 296.02.
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51 (d) "Veterans' benefits matter" means the preparation,
52 presentation, or prosecution of a veteran's claim, or a claim by
53 the veteran's spouse, dependent child, or any other individual
54 eligible for any benefit, program, service, commodity, function,
55 status, or entitlement under the laws and regulations
56 administered by the Department of Veterans' Affairs or the
57 United States Department of Veterans Affairs.
58 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
59 DISCLOSURE.—
60 (a) A person may not receive compensation for referring an
61 individual to a provider who will advise, assist, or consult
62 with the individual regarding any veterans' benefits matter.
63 (b) A provider may receive compensation for services
64 rendered in connection with a claim filed within the 1-year
65 presumptive period after active-duty release as determined by
66 the United States Department of Veterans Affairs only if the
67 veteran acknowledges, by signing a waiver, that he or she is
68 within the presumptive period and is choosing to deny the free
69 services available to him or her.
70 (c) A provider seeking compensation for advising,
71 assisting, or consulting with an individual regarding any
72 veterans' benefits matter must, before rendering services, enter
73 into a written agreement, signed by both parties, which:
74 1. Memorializes the specific terms under which the
75 compensation will be determined; and
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76 2. Provides that compensation for such services is
77 contingent upon securing an increase in benefits awarded as a
78 direct result of such services. Any such compensation may not
79 exceed the lesser of five times the amount of the monthly
80 increase in benefits awarded based on the claim or $12,500, and
81 must be paid out according to the specific terms agreed to by
82 both parties in accordance with subparagraph 1.
83 (d)1. A provider who advises, assists, or consults on
84 veterans' benefits matters for compensation shall provide the
85 following disclosure, both orally and in writing, before
86 entering into a business relationship with an individual:
87
88 "This business is not sponsored by or affiliated with
89 the Florida Department of Veterans' Affairs, the
90 United States Department of Veterans Affairs, or any
91 other federally chartered veterans' service
92 organization. Other organizations, including, but not
93 limited to, the Florida Department of Veterans'
94 Affairs, a local veterans' service organization, and
95 other federally chartered veterans' service
96 organizations, may be able to provide you with this
97 service free of charge. Products or services offered
98 by this business are not necessarily endorsed by any
99 of these organizations. You may qualify for other
100 veterans' benefits beyond the benefits for which you
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101 are receiving services here."
102
103 2. The written disclosure must appear in a font size of at
104 least 12 points in an easily identifiable place in the
105 provider's agreement with the individual seeking services and
106 must be signed by the individual to signify that he or she
107 understands the oral and written disclosure's provisions. The
108 provider must retain a copy of the written disclosure while
109 providing veterans' benefits services to the individual for
110 compensation and for at least 6 years after the date on which
111 the service relations terminate.
112 (e) A provider who advises, assists, or consults on a
113 veterans' benefits matter may not charge an initial or
114 nonrefundable fee. Any charge for interest on any payment plan
115 agreed to by the parties is prohibited.
116 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
117 before a claim is processed:
118 (a) Any expected compensation must be waived and a charge,
119 fee, or debt may not be collected; and
120 (b) Any payment plan for services rendered must be
121 terminated immediately.
122 (4) PROHIBITIONS.—
123 (a) A provider may not guarantee, either directly or by
124 implication, a successful outcome or that an individual is
125 certain to receive specific veterans' benefits or a specific
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126 level, percentage, or amount of veterans' benefits.
127 (b) A provider who advises, assists, or consults on
128 veterans' benefits matters for compensation:
129 1. May not use an international call center or data center
130 to process a veteran's personal information.
131 2. May not use a veteran's personal log-in, username, or
132 password information to access that veteran's medical,
133 financial, or government benefits information.
134 (5) BACKGROUND SCREENING.—A provider must successfully
135 complete a level 2 background screening as described in s.
136 435.04 before entering into any agreement with a veteran for
137 veterans' benefits matters.
138 (6) DOCUMENTATION.—A provider must provide copies of all
139 fully executed documents required by subsection (2) to the
140 veteran being assisted in the veterans' benefits matters and
141 maintain a copy of all fully executed documents for 6 years.
142 (7) COMPLAINT.—If an individual to whom a provider
143 provides services under this section in return for compensation
144 files a complaint with the Consumer Protection Division of the
145 Office of the Attorney General, the provider may not receive
146 compensation for any services provided to such an individual
147 before the resolution of the complaint.
148 (8) PENALTIES.—A violation of this section constitutes a
149 violation of the Florida Deceptive and Unfair Trade Practices
150 Act under part II of this chapter. Violators may be subject to
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151 penalties provided in that part, including s. 501.2077 for
152 violations against a military servicemember or his or her spouse
153 or dependent child.
154 (9) CONSTRUCTION.—This section may not be construed as
155 applying to, limiting, or expanding the requirements imposed on
156 agents or employees of the Department of Veterans' Affairs or
157 agents or attorneys accredited by the United States Department
158 of Veterans Affairs and regulated by that agency.
159 Section 2. This act shall take effect upon becoming a law.
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hb277-01-c1
HB 453
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 453 COMPANION BILL: SB 570 (Gruters)
TITLE: Pool/Spa Contractors LINKED BILLS: None
SPONSOR(S): Smith, Alvarez, D. RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill clarifies and expands the scope of work for swimming pool/spa contractors.
Fiscal or Economic Impact:
The bill may have a positive economic impact on swimming pool/spa contractors by expanding their scope of work
and clarifying their current scope of work.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for all swimming pool/spa contractors to include the installation of lighting,
light transformers, and the connection, replacement, disconnection, or reconnection of power wiring on the load
side of the dedicated existing electrical circuit disconnect for swimming pool, spa, hot tub, or interactive water
feature1 equipment. However, swimming pool/spa service contractors may only repair or replace lighting and light
transformers, and may not install such items. (Section 1)
The bill expands the scope of work for residential swimming pool/spa contractors by allowing them to
perform work on a commercial swimming pool, spa, hot tub, or public bathing place.2 However, a residential
swimming pool/spa contractor may not build a new commercial swimming pool spa, hot tub, or public bathing
place. (Section 1)
The bill expands the scope of work for swimming pool/spa service contractors to include the renovation or
remodeling of a swimming pool, hot tub, spa, interactive water feature, decorative water feature, public bathing
place, or swimming pool or spa appurtenance. Currently, swimming pool/spa service contractors may only
perform servicing and make repairs. (Section 1)
The bill provides that a swimming pool/spa contractor may not install or upgrade a dedicated electrical
disconnect or electrical circuits, or perform any work inside a main electrical panel. The bill also clarifies that a
1 The Florida Building Code defines “interactive water features” as a type of swimming pool that is a structure designed to
allow for recreational activities with recirculated, filtered, and treated water; but having minimal standing water. Section 454
of the Eighth edition of the Florida Building Code (Building).
2 A “public bathing place” is a body of water, natural or modified by humans, for swimming, diving, and recreational bathing
used by consent of the owner or owners and held out to the public by any person or public body, irrespective of whether a fee
is charged for the use thereof. The bathing water areas of public bathing places include, but are not limited to, lakes, ponds,
rivers, streams, artificial impoundments, and waters along the coastal and intracoastal beaches and shores of the state.
S. 514.011(4), F.S.
STORAGE NAME: h0453.IPA
DATE: 3/24/2025
1
swimming pool/spa contractor may not make direct connections to a sanitary sewer system or to potable water
lines. (Section 1)
The bill redefines the scope of work for a commercial pool/spa contractor to clarify that it includes but is not
limited to:
All phases of construction, repair, renovation, remodel, deconstruction, and servicing of a swimming pool,
hot tub, spa, interactive water feature, decorative water feature, public bathing place, or a swimming pool
or spa appurtenance.
The construction of uninhabitable equipment rooms for swimming pool, spa, hot tub, or interactive water
feature equipment.
The excavation and earthmoving required for the installation of swimming pools, spas, hot tubs, or
interactive water features, the operation of construction pumps for dewatering purposes, and draining
swimming pools, spas, hot tubs, or interactive water features.
The installation of rebar or similar support materials, and the shaping and shooting of gunite dry mix and
wet mix, concrete, or similar product mix used in the construction of swimming pools, spas, hot tubs, or
interactive water features.
The installation of equipotential bonding, light conduits, and any cleaning or sanitizing equipment that
requires at least partial disassembling.
The installation of fiberglass swimming pool, spa, or hot tub shells and vinyl pool, spa, or hot tub liners.
The application and removal of all interior pool, spa, hot tub, or interactive water feature finishes.
The construction, maintenance, or remodel of decorative or interactive water features, displays that use
recirculated water.
The installation of all swimming pool, spa, hot tub, or interactive water feature piping.
The construction and installation of retaining walls, concrete flatwork, pavers and bricks, and footings for
the construction of a swimming pool, spa, hot tub, or interactive water feature.
The scope of work of a swimming pool/spa servicing contractor. (Section 1)
The bill redefines the scope of work for residential pool/spa contractors to clarify that their scope of work is the
same as a commercial pool/spa contractor, except a residential pool/spa contractor may not construct any new
commercial swimming pool, spa, hot tub, or public bathing place. (Section 1)
The bill redefines the scope of work for a swimming pool/spa servicing contractor to clarify that it includes, but
is not limited to:
All aspects of the repair or servicing of a swimming pool, hot tub, spa, interactive water feature, decorative
water feature, public bathing place, or swimming pool or spa appurtenance.
The repair or replacement of equipotential bonding, light conduit, and any cleaning or sanitizing equipment
that requires at least partial disassembling.
The installation, repair, or replacement of all swimming pool, spa, hot tub, or interactive water feature
equipment, including, but not limited to, pool pumps, filters, feeders, controllers, and heaters.
The repair of uninhabitable equipment for swimming pool, spa, hot tub, or interactive water feature
equipment.
The repair or replacement of all perimeter piping and filter piping.
The substantial or complete draining of a swimming pool, spa, or hot tub for repair or renovation and the
operation of construction pumps for dewatering purposes.
The removal and reapplication of all interior swimming pool, spa, hot tub, or interactive water feature
finishes.
The installation, repair, or replacement of all tile and coping for a swimming pool, spa, hot tub, or
interactive water feature. (Section 1)
The bill clarifies that licensure is not required when using equipment for:
Treating or cleaning a swimming pool, spa, hot tub, or interactive water feature unless such use involves
installation, modification, or replacement of the equipment or affects the structural integrity of the
swimming pool, spa, hot tub, or interactive water feature.
Treating water.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Changing the filter media.3 (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Swimming pool/spa contractor
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.4
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.5
Currently there are three types of swimming pool/spa contractors:
Commercial pool/spa contractor.
Residential pool/spa contractor.
Swimming pool/spa servicing contractor.
“Commercial pool/spa contractors” are individuals who are certified or registered to construct, repair, and service
any public or private swimming pool, hot tub, or spa including:6
Installing, repairing, or replacing existing equipment;
Cleaning or sanitizing equipment that requires at least a partial disassembling, excluding filter changes;
Installing new interior finishes, package pool heaters, and perimeter piping and filter piping;
Constructing equipment rooms or housing for pool/spa equipment; and
The scope of work of a swimming pool/spa servicing contractor.
“Residential pool/spa contractors” are individuals who are certified or registered to construct repair, and service
any residential swimming pool, hot tub, or spa. The scope of work is identical to the scope of work for commercial
pool/spa contractors; however, residential pool/spa contractors may only work on residential swimming pools,
hot tubs, and spas.7
“Swimming pool/spa servicing contractors” are individuals who are certified or registered to repair and service
any public or private swimming pool, hot tub, or spa including:8
Repairing or replacing existing equipment;
Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes;
Installing new pool/spa equipment and interior refinishing;
Reinstalling or adding pool heaters;
Repairing or replacing perimeter piping and filter piping;
Repairing equipment rooms or housing for pool/spa equipment; and
3 The filter media is the media inside a pool filter, such as sand, that traps debris and contaminants. AquaDoc Choosing the
Right Filter Media for Your Pool (June 13, 2024) https://www.mavaquadoc.com/blogs/pool-maintenance-blog/choosing-the-
right-filter-media-for-your-
pool#:~:text=The%20filter%20media%20is%20the%20material%20inside%20your,to%20choose%20the%20best%20one
%20for%20your%20pool. (last visited March 21, 2025)
4 S. 489.105(3), F.S.
5 S. 489.107, F.S.
6
S. 489.105(3)(j), F.S.
7
S. 489.105(3)(k), F.S.
8
S. 489.105(3)(l), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Substantially or completely draining a swimming pool, or hot tub or spa, for the purpose of repair or
renovation.
The scope of work for all three types of swimming pool/spa contractors does not include direct connections to a
sanitary sewer system or to potable water lines.9
Water treatment or cleaning a pool/spa does not require a license unless the structural integrity of the pool/spa is
affected or the equipment attached to the pool/spa must be substantially or completely disassembled or replaced.
Installing an aboveground pool also does not require a license.10
A contractor, including swimming pool/spa contractors, must subcontract all electrical, mechanical, plumbing,
roofing, sheet metal, and air-conditioning work, to a contractor certified or registered in the respective category,
unless the pool/spa contractor also holds a state certificate or registration in the respective category.11
Dedicated electrical circuit
An electrical circuit is a path or loop through which electricity flows. An electrical disconnect or breaker is a switch
that stops the flow of the electrical circuit if the devices or appliances draw too much power. A regular or non-
dedicated electrical circuit supplies electricity from the breaker to multiple outlets. 12
A dedicated electrical circuit has its very own circuit breaker that only supports one outlet and therefore is
dedicated to powering just one device or appliance. Dedicated circuits are designed to protect major appliances
and devices that draw a lot of power, such as refrigerators, from electrical damage. They also prevent fires and
electrocution by ensuring the device or appliance does not draw more power than the circuit can handle.13
9
S. 489.105, F.S.
10
Ss 489.103(6), and 489.105, F.S.; DBPR, Trust but Verify,
http://www.myfloridalicense.com/dbpr/reg/documents/trustbutverify_000.pdf?x40199 (last visited March 21, 2025).
11
S. 489.113(3), F.S.
12 Harrison Electric Inc., What Are Dedicated Circuits & Which Appliances Should Have Them?, (July 20, 2020) https://harrison-
electric.com/Blog/entryid/205/what-are-dedicated-circuits-which-appliances-should-have-them (last visited on March 20,
2025); Michael Christian, What Is an Electrical Disconnect and Its Importance?, House and Home Online (December 20, 2023)
https://houseandhomeonline.com/what-is-an-electrical-disconnect/ (last visited march 21, 2025).
13 Harrison Electric Inc., Dedicated Circuits: What They Are & How to Determine If You Need Them, (August 16, 2021)
https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what-they-are-how-to-determine-if-you-need-them (last
visited on March 20, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The load side of an electrical circuit are the wires passing electricity from a device in the circuit downstream to
other devices, while the “line side” are the wires bringing electricity to the device.14
Pool Light Transformer
Genereally, pool lights use low voltage, usually around 12 volts, to minimize the risk of electric shock in the pool
area. A pool light transformer converts higher voltage from a structure’s main electrical system to the lower
voltage required by the pool lights. This protects the pool lights from overloading.15
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Brackett
Subcommittee
Commerce Committee
14 Timothy Thiele, Line vs. Load Wiring: What's the Difference?, The Spruce (April 19, 2024) https://www.thespruce.com/line-
and-load-connections-1152729
15 Schematic Central, How to Wire a Pool Light Transformer: A Complete Wiring Diagram, https://schempal.com/pool-light-
transformer-wiring-diagram (last visited March 24, 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
HB 453 2025
1 A bill to be entitled
2 An act relating to pool/spa contractors; amending s.
3 489.105, F.S.; revising the definition of the terms
4 "commercial pool/spa contractor," "residential
5 pool/spa contractor," and "swimming pool/spa servicing
6 contractor"; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (j), (k), and (l) of subsection (3)
11 of section 489.105, Florida Statutes, are amended to read:
12 489.105 Definitions.—As used in this part:
13 (3) "Contractor" means the person who is qualified for,
14 and is only responsible for, the project contracted for and
15 means, except as exempted in this part, the person who, for
16 compensation, undertakes to, submits a bid to, or does himself
17 or herself or by others construct, repair, alter, remodel, add
18 to, demolish, subtract from, or improve any building or
19 structure, including related improvements to real estate, for
20 others or for resale to others; and whose job scope is
21 substantially similar to the job scope described in one of the
22 paragraphs of this subsection. For the purposes of regulation
23 under this part, the term "demolish" applies only to demolition
24 of steel tanks more than 50 feet in height; towers more than 50
25 feet in height; other structures more than 50 feet in height;
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HB 453 2025
26 and all buildings or residences. Contractors are subdivided into
27 two divisions, Division I, consisting of those contractors
28 defined in paragraphs (a)-(c), and Division II, consisting of
29 those contractors defined in paragraphs (d)-(q):
30 (j) "Commercial pool/spa contractor" means a contractor
31 whose scope of work includes involves, but is not limited to,
32 all phases of the construction, repair, renovation, remodel,
33 deconstruction, and servicing of a any swimming pool, or hot
34 tub, or spa, splash pad or other interactive water feature,
35 decorative water feature, public bathing place, or swimming pool
36 or spa appurtenance, whether public, private, or otherwise,
37 regardless of use.
38 1. The scope of such work includes, but is not limited to,
39 the following:
40 a. The scope of work of a swimming pool/spa servicing
41 contractor.
42 b. The connection, replacement, disconnection, or
43 reconnection of power wiring on the load side of the dedicated
44 existing electrical circuit disconnect means for swimming pool,
45 spa, hot tub, or interactive water feature equipment.
46 c. The installation of equipotential bonding; swimming
47 pool, spa, or hot tub lighting; light transformers; light
48 conduit; and any cleaning or sanitizing equipment that requires
49 at least partial disassembling.
50 d. The construction of uninhabitable equipment rooms or
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51 housing for swimming pool, spa, hot tub, or interactive water
52 feature equipment for the protection of the equipment from
53 outside elements or preventing unauthorized access.
54 e. Excavation and earthmoving required for the
55 installation of swimming pools, spas, hot tubs, or interactive
56 water features and the operation of construction pumps for
57 dewatering purposes for swimming pool, spa, hot tub, or
58 interactive water feature excavation sites, and draining
59 swimming pools, spas, hot tubs, or interactive water features.
60 f. The installation of rebar or similar support materials
61 for swimming pool, spa, hot tub, or interactive water feature
62 structures, and the shaping and shooting of gunite dry mix and
63 wet mix, concrete, or similar product mix used in the
64 construction of swimming pools, spas, hot tubs, or interactive
65 water features.
66 g. The installation of fiberglass swimming pool, spa, or
67 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
68 h. The application and removal of all interior swimming
69 pool, spa, hot tub, or interactive water feature finishes.
70 i. The construction, maintenance, or remodel of decorative
71 or interactive water features, displays, or areas that use
72 recirculated water, including fountains, waterfalls, and spray
73 nozzles.
74 j. The installation of all swimming pool, spa, hot tub, or
75 interactive water feature piping including, but not limited to,
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76 drain piping, perimeter piping, and circulation or filter piping
77 used in the construction of swimming pools, spas, hot tubs, or
78 decorative or interactive water feature displays or areas.
79 k. The construction and installation of retaining walls,
80 concrete flatwork, pavers and bricks, and footings for the
81 construction of a swimming pool, spa, hot tub, or interactive
82 water feature, whether newly constructed or additions to or
83 remodels of an existing swimming pool, spa, hot tub, or
84 interactive water feature The installation, repair, or
85 replacement of existing equipment, any cleaning or equipment
86 sanitizing that requires at least a partial disassembling,
87 excluding filter changes, and the installation of new pool/spa
88 equipment, interior finishes, the installation of package pool
89 heaters, the installation of all perimeter piping and filter
90 piping, and the construction of equipment rooms or housing for
91 pool/spa equipment, and also includes the scope of work of a
92 swimming pool/spa servicing contractor.
93 2. The scope of such work does not include direct
94 connections to a sanitary sewer system or to potable water
95 lines, the installation or upgrade of dedicated electrical
96 disconnect or electrical circuits, or any work inside a main
97 electrical panel. The installation, construction, modification,
98 or replacement of equipment permanently attached to and
99 associated with the pool or spa for the purpose of water
100 treatment or cleaning of the pool or spa requires licensure;
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101 however,
102 3. The usage of swimming pool, spa, hot tub, or
103 interactive water feature such equipment for the purposes of
104 water treatment or cleaning does not require licensure unless
105 the usage involves installation construction, modification, or
106 replacement of such equipment. Water treatment that does not
107 require such equipment; filter media changes; or the cleaning of
108 a swimming pool, spa, hot tub, or interactive water feature, or
109 its associated equipment, which does not affect the structural
110 integrity of the swimming pool, spa, hot tub, or interactive
111 water feature, does not require a license. In addition, a
112 license is not required for the cleaning of the pool or spa in a
113 way that does not affect the structural integrity of the pool or
114 spa or its associated equipment.
115 (k) "Residential pool/spa contractor" means a contractor
116 whose scope of work is the same as a commercial pool/spa
117 contractor under paragraph (j) but does not include the
118 construction of any new commercial swimming pool, spa, hot tub,
119 or public bathing place involves, but is not limited to, the
120 construction, repair, and servicing of a residential swimming
121 pool, or hot tub or spa, regardless of use. The scope of work
122 includes the installation, repair, or replacement of existing
123 equipment, any cleaning or equipment sanitizing that requires at
124 least a partial disassembling, excluding filter changes, and the
125 installation of new pool/spa equipment, interior finishes, the
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126 installation of package pool heaters, the installation of all
127 perimeter piping and filter piping, and the construction of
128 equipment rooms or housing for pool/spa equipment, and also
129 includes the scope of work of a swimming pool/spa servicing
130 contractor. The scope of such work does not include direct
131 connections to a sanitary sewer system or to potable water
132 lines. The installation, construction, modification, or
133 replacement of equipment permanently attached to and associated
134 with the pool or spa for the purpose of water treatment or
135 cleaning of the pool or spa requires licensure; however, the
136 usage of such equipment for the purposes of water treatment or
137 cleaning does not require licensure unless the usage involves
138 construction, modification, or replacement of such equipment.
139 Water treatment that does not require such equipment does not
140 require a license. In addition, a license is not required for
141 the cleaning of the pool or spa in a way that does not affect
142 the structural integrity of the pool or spa or its associated
143 equipment.
144 (l) "Swimming pool/spa servicing contractor" means a
145 contractor whose scope of work includes involves, but is not
146 limited to, all aspects of the repair, renovation, remodeling,
147 or and servicing of a swimming pool, or hot tub, or spa, splash
148 pad or other interactive water feature, decorative water
149 feature, public bathing place, or swimming pool or spa
150 appurtenance, whether public or private, or otherwise,
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151 regardless of use.
152 1. The scope of work includes, but is not limited to, the
153 following:
154 a. The installation, repair, or replacement of all
155 swimming pool, spa, hot tub, or interactive water feature
156 equipment, including, but not limited to, pool pumps; filters;
157 feeders; controllers; and swimming pool, spa, or hot tub
158 heaters, whether electric, gas, or solar.
159 b. The connection, replacement, disconnection, or
160 reconnection of power wiring on the load side of the dedicated
161 existing electrical circuit disconnect means for swimming pool,
162 spa, hot tub, or interactive water feature equipment.
163 c. The repair or replacement of equipotential bonding;
164 swimming pool, spa, or hot tub lighting; light transformers;
165 light conduit; and any cleaning or sanitizing equipment that
166 requires at least partial disassembling.
167 d. The repair of uninhabitable equipment rooms or housing
168 for swimming pool, spa, hot tub, or interactive water feature
169 equipment.
170 e. The repair or replacement of all perimeter piping and
171 filter piping.
172 f. The substantial or complete draining of a swimming
173 pool, spa, or hot tub for repair or renovation and the operation
174 of construction pumps for dewatering purposes for drained
175 swimming pools, spas, hot tubs, or interactive water features.
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176 g. The removal and reapplication of all interior swimming
177 pool, spa, hot tub, or interactive water feature finishes.
178 h. The installation, repair, or replacement of all tile
179 and coping for a swimming pool, a spa, a hot tub, or an
180 interactive water feature the repair or replacement of existing
181 equipment, any cleaning or equipment sanitizing that requires at
182 least a partial disassembling, excluding filter changes, and the
183 installation of new pool/spa equipment, interior refinishing,
184 the reinstallation or addition of pool heaters, the repair or
185 replacement of all perimeter piping and filter piping, the
186 repair of equipment rooms or housing for pool/spa equipment, and
187 the substantial or complete draining of a swimming pool, or hot
188 tub or spa, for the purpose of repair or renovation.
189 2. The scope of the such work does not include direct
190 connections to a sanitary sewer system or to potable water
191 lines, the installation or upgrade of dedicated electrical
192 disconnect or electrical circuits, or any work inside a main
193 electrical panel. The installation, construction, modification,
194 substantial or complete disassembly, or replacement of equipment
195 permanently attached to and associated with the pool or spa for
196 the purpose of water treatment or cleaning of the pool or spa
197 requires licensure; however,
198 3. The usage of swimming pool, spa, hot tub, or
199 interactive water feature such equipment for the purposes of
200 water treatment or cleaning does not require licensure unless
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201 the usage involves installation construction, modification,
202 substantial or complete disassembly, or replacement of such
203 equipment. Water treatment that does not require such equipment;
204 filter media changes; or the cleaning of a swimming pool, a spa,
205 a hot tub, or an interactive water feature, or its associated
206 equipment, which does not affect the structural integrity of the
207 swimming pool, spa, hot tub, or interactive water feature does
208 not require a license. In addition, a license is not required
209 for the cleaning of the pool or spa in a way that does not
210 affect the structural integrity of the pool or spa or its
211 associated equipment.
212 Section 2. This act shall take effect July 1, 2025.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 453 by Rep. Smith
Pool/Spa Contractors
AMENDMENT SUMMARY
March 26, 2025
Amendment 1 by Rep. Smith (line 54):
• Clarifies that a pool/spa contractor may only perform excavation and earthmoving if it’s
required for the installation of a swimming pool, spa, hot tub, or interactive water feature.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 453 (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 Smith offered the following:
4
5 Amendment
6 Remove lines 54-59 and insert:
7 e. Excavation and earthmoving only as required for the
8 installation of swimming pools, spas, hot tubs, or interactive
9 water features.
10 f. The operation of construction pumps for dewatering
11 purposes for swimming pool, spa, hot tub, or interactive water
12 feature excavation sites, and for draining swimming pools, spas,
13 hot tubs, or interactive water features.
547655 - h0453-line54.docx
Published On: 3/25/2025 2:58:11 PM
Page 1 of 1
CS/HB 4011
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 4011 COMPANION BILL: None
TITLE: Palm Beach County LINKED BILLS: None
SPONSOR(S): Skidmore 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 amends the special act creating the Palm Beach County Building Code Advisory Board to allow any
individual who serves a county or municipality as a building official and has a Florida Building Code Administrator
certification to be appointed to the board to serve in a seat designated for local government building officials.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends the definition of a building official in the special act creating the Palm Beach County Building Code
Advisory Board to allow any individual with a Florida Building Code Administrator certification who serves the
municipality or county as a building official to be appointed to a board seat designated for building officials. The
bill removes the requirement that a building official be a full-time employee of the municipality or county,
requiring instead that the building official serves a municipality or county in the commission district where he or
she is nominated. These requirements are consistent with the building code administrators requirements outlined
in s. 468.607, F.S. (Section 1)
The bill provides an effective date of upon becoming a law. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Palm Beach County Building Code Advisory Board
Palm Beach County Building Code Advisory Board (Board) advises the Palm Beach County Board of County
Commissions and local governments within the county on building codes and standards with the goal of promoting
STORAGE NAME: h4011b.IPA
DATE: 3/24/2025
1
uniformity in interpretation, implementation, and enforcement of the Florida Building Code.1 The Board is
authorized to advise local governments on:
Administrative and technical amendments to the Florida Building Code;
Evaluation of new and innovative construction materials, products, systems, and methods for compliance
with the Florida Building Code;
How construction code enforcement may be improved and standardized; and
How to prevent the reoccurrence of disputes.2
The Board is further authorized to act as the county-wide compliance review board, pursuant to s. 553.73(4)(b)7.,
F.S.,3 and to evaluate new or existing products or systems and provide advisory reports to the county’s
municipalities.4
The Board has 16 members appointed by the Palm Beach County Board of County Commissioners (BOCC) for
three-year terms.5 The Board is composed of:
Seven local government building officials, with one representative from each county commission district;
Seven members appointed from nominees submitted by construction industry organizations;6
One member who is a registered architect appointed from nominees submitted by the Palm Beach Chapter
of the American Institute of Architects; and
One member who is a professional engineer appointed from nominees submitted by the Palm Beach
Chapter of the Florida Engineering Society.7
Florida Building Code Administrator Certification
Chapter 468, Part XII, F.S. regulates building code administrators and inspectors, including provisions related to
standards for certification as a building code administrator.8 The Florida Building Code Administrators and
Inspectors Board , within the Department of Business and Professional Regulation (DBPR), licenses and regulates
building code administrators, building code inspectors, and building code plans examiners.9 All building code
administrators employed by a state agency or local governmental authority are required to have a building code
administrator certification.10 Current law prohibits any person from engaging in the duties of a building code
administrator unless they have a valid, board-issued certification.11
To obtain a building code administrator certification, eligible individuals must pass a board-approved examination.
Individuals may also obtain a certification by endorsement if they have held a valid equivalent certification issued
1 Ch. 74-565, Laws of Fla, as amended by ch. 2001-323, Laws of Fla. See also Palm Beach County, Building Code Advisory Board
(last visited Feb. 21, 2025).
2 Ch. 74-565, Laws of Fla, as amended by ch. 2001-323, s. 1(7), Laws of Fla.
3 Ch. 74-565, Laws of Fla, as amended by ch. 2001-323, s. 1(7)(5), Laws of Fla.
4 Ch. 74-565, Laws of Fla, as amended by ch. 2001-323, s. 1(8), Laws of Fla.
5 Ch. 74-565, Laws of Fla, as amended by ch. 2001-323, s. 1(6)(1), Laws of Fla.
6 The act specifies that the Associated General Contractors, Florida East Coast Chapter; the Gold Coast Builders Association; the
Associated Builders and Contractors, Florida East Coast Chapter; the Electrical Council of Florida, Palm Beach Chapter; the
Palm Beach County Roofing and Sheet Metal Contractors Association; the Air Conditioning Contractors of America, Palm Beach
Chapter; the Plumbing Heating Cooling Contractors Association of Florida, Palm Beach Chapter may submit nominees, but also
provides that any other recognized regional industry trade associations may submit nominees.
7 Ch. 74-565, s. 6(1) Laws of Fla., as amended by chs. 2001-323 and 2017-215, Laws of Fla.
8 Section 468.603(2), F.S. defines building code administrator or building official as any employee of municipal or county
governments, or any person contracted, with building construction regulation responsibilities who are charged with the
responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building
construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating
compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction
codes as required by state law or municipal or county ordinance.
9 S. 468.606, F.S. See also Florida Dept. of Business and Professional Regulation, Building Code Administrators & Inspectors (last
visited Feb. 17, 2025).
10 S. 468.607, F.S.
11 S. 468.609(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
by another state or territory of the United States for at least 10 years and have successfully passed an examination
administered by the International Code Council.12
Under current law, individuals eligible to take the examination for the building code administrator certification if
they are at least 18 years of age, of good moral character, and must either:
have 10 years’ combined experience as an architect, engineer, plans examiner, building code inspector,
registered or certified contractor, or construction superintendent, with at least 5 years of supervisory
experience in these roles; or
demonstrate a total of 10 years of experience through a combination of postsecondary education in
construction or a related field13 and experience as an architect, engineer, plans examiner, building code
inspector, registered or certified contractor, or construction superintendent with five years of supervisory
experience in these roles and complete at least 20 hours of in-state laws, rules, and ethics relating to the
professional standards of practice, duties, and responsibilities of a certified building code administrator.14
Through the examination the individual demonstrates that he or she has sufficient knowledge of state laws and
building codes. The examination is intended to be substantially equivalent to examinations administered by the
International Code Council.15
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.16 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website17 at least 30 days prior to the
introduction of the local bill in the House or Senate.18 The bill was noticed in the Palm Beach Post on January 10,
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.19 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
12 S. 468.613, F.S. See also Florida Dept. of Business and Professional Regulation, Building Code Administrator-Initial
Certification by Examination or Endorsement (last visited Feb. 17, 2025).
13 No more than five years of demonstrated experience in construction or a related field may be years of applied experience.
14 S. 468.609(3), F.S.
15 S. 468.609(5)(a), F.S. See also International Code Council, Who We Are (last visited Feb. 17, 2025).
16 Art. III, s. 10, Fla. Const.
17 S. 50.0311(2), F.S.
18 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.
19 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Feb. 17, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 16 Y, 0 N, As CS 3/19/2025 Darden Jones
Subcommittee
THE CHANGES ADOPTED BY THE Corrects directory language.
COMMITTEE:
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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 4011 2025
1 A bill to be entitled
2 An act relating to Palm Beach County; amending chapter
3 74-565, Laws of Florida, as amended; revising the
4 definition of the term "building official"; providing
5 an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (3) of section 2 of chapter 74-565,
10 Laws of Florida, as amended by chapter 2001-323, Laws of
11 Florida, is amended to read:
12 Section 2. Definitions.—As used in this act:
13 (3) "Building official" means an individual charged with
14 the administration and enforcement of the Florida Building Code,
15 who possesses a Florida Building Code Administrator
16 certification and is serving is a full-time employee of a
17 municipality or the county, in the respective commission
18 election district from in which he or she is nominated the
19 jurisdiction is situated.
20 Section 2. This act shall take effect upon becoming a law.
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CODING: Words stricken are deletions; words underlined are additions.
hb4011-01-c1
HB 6033
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 6033 COMPANION BILL: SB 1672 (Truenow)
TITLE: Labor Pool Act LINKED BILLS: None
SPONSOR(S): Abbott RELATED BILLS: None
Committee References
Industries & Professional Civil Justice & Claims Commerce
Activities
SUMMARY
Effect of the Bill:
The bill repeals Florida’s Labor Pool Act.
Fiscal or Economic Impact:
Indeterminate. The bill may have a positive economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill repeals Florida’s Labor Pool Act, which governs the day labor industry in the state. (Section 1)
The effective date of the bill is July 1, 2025. (Section 4)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on the private sector to the extent there will be a
reduction in litigation expenses for labor pools due to the removal of the prohibitions and remedies for violations
under the Labor Pool Act.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Labor Pool Act
Part II of ch. 448, F.S., also known as the Labor Pool Act (Act),1 provides for the health, safety, and well-being of day
laborers throughout the state and to outlines uniform standards of conduct and practice for labor pools. The Act
defines “labor pool” as a business entity that operates a labor hall2 by one or more of the following methods:3
Contracting with third-party users to supply day laborers on a temporary basis;
1 Ch. 95-332, L.O.F.
2 S. 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble and are dispatched to
work for a third-party user.
3 S. 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as farm labor contractors;
employee leasing companies; temporary help services that solely provide white collar employees, secretarial employees, clerical employees,
or skilled laborers; labor union hiring halls; or labor bureau or employment offices operated by a business entity for the sole purpose of
employing an individual for its own use. See s. 448.23, F.S.
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1
Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary labor; or
Fulfilling any contracts for day labor in accordance with the Act, even if the entity also conducts other
business.
Exceptions
The Act does not apply to the following types of businesses:4
Business entities duly registered as farm labor contractors pursuant to part III of chapter 450;
Employee leasing companies, as defined in s. 468.520;
Temporary help services engaged in supplying solely white collar employees, secretarial employees,
clerical employees, or skilled laborers;
Labor union hiring halls; or
Labor bureau or employment offices operated by a business entity for the sole purpose of employing an
individual for its own use.
Prohibitions
The Act prohibits labor pools from:5
Charging a day laborer:6
o For safety equipment, clothing, accessories, or any other items required by the nature of the work;
o More than a reasonable amount to transport a worker to or from the designated worksite; or
o For directly or indirectly cashing a worker’s check.
Requesting or requiring that any day laborer sign any document waiving statutory protections.
Charging more than the actual cost of providing lunch, if the labor pool provides lunch at the worksite.7
Restricting a day laborer’s right to accept a permanent position with a third-party user to whom the
laborer is referred for temporary work, or to restrict the right of a third-party user to offer employment to
an employee of the labor pool.8
Requirements
The Act requires labor pools to:
If operating a labor hall, provide the following facilities for a worker waiting at the hall for a job
assignment:9
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
Select one of the following methods to pay a day laborer for work performed:10
o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand at a financial
institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer.
Notify a day laborer of the payment method that the labor pool intends to use and the day laborer’s options
to elect a different payment method.11
If selecting to pay a day laborer by payroll debit card:12
o Offer the day laborer the option to elect payment by electronic fund transfer; and
4 s. 448.23, F.S.
5 S. 448.24(1), F.S.
6 “Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer than the
time period required to complete the temporary assignment for which the individual worker was hired, although an individual may be
eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
7 S. 448.24(4), F.S.
8 S. 448.24(6), F.S.
9 S. 448.24(5), F.S.
10 S. 448.24(2), F.S.
11 Id.
12 Id.
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2
o Provide the day laborer with a list, including the address, of a nearby business that does not charge
a fee to withdraw the debit card’s contents.
Compensate day laborers at or above the minimum wage.13
Comply with the Workers’ Compensation Law in ch. 440, F.S.14
Insure any motor vehicle owned or operated by the labor pool and used for worker transportation.15
Furnish each worker with a written itemized statement showing in detail each wage deduction.
Give each worker an annual earnings statement summary.16
Remedies
Under the Act, any worker affected by a violation of the provisions relating to labor pool duties and obligations
may file a lawsuit against the labor pool. In any such lawsuit, the worker is required to give the labor pool a
reasonable opportunity to cure the alleged violation within 60 days. Workers are authorized to recover actual and
consequential damages, or $1,000, whichever is greater, for each violation, and costs. The legal remedy:
Must be filed within 1 year after the date the notice of an alleged violation is served; and
Is exclusive and prohibits the worker from pursuing any other available legal remedy.17
Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections.18 In 1938, the FLSA established a minimum wage of $.25 an hour. The
current federal minimum wage rate is $7.25 an hour, which went into effect July 24, 2009. The FLSA applies to
employment within any state in the U.S., the District of Columbia, or any territory or possession of the U.S.19
The FLSA covers most private and public sector employees. However, certain employers and employees are
exempt from coverage, including individuals with disabilities, youth workers, tipped workers, and executive,
administrative, and professional workers. The FLSA covers businesses if the business has annual sales of at least
$500,000.20 It also covers certain individual employees if such employee is engaged in interstate commerce.
The FLSA provides that if states enact worker protections, including minimum wage rates, that are more protective
of employees than what is provided by the FLSA, the state law applies.21 Consequently, no state law may weaken
the worker protections in the FLSA. However, state laws that impose greater worker protections will supersede
those in the FLSA.22
Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage greater than
the federal minimum wage. Thirteen states provide a minimum wage that is equal to the federal minimum wage.
Five states have not adopted a minimum wage and two states have a minimum wage that is below the federal
minimum wage.23 For those seven states, the federal minimum wage applies, but only to those workers covered by
the FLSA.
13 Id.
14 Id.
15 Id.
16 Id.
17 S. 448.25, F.S.
18
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
19
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
20
The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
21
29 U.S.C. §218.
22
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 8,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025).
23
U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
March 7, 2025).
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3
The US Department of Labor, Wage and Hour Division provides the following information regarding the application
of the minimum wage, overtime pay and recordkeeping requirements of the FLSA to low-wage employees earning
wages by the day, commonly known as day laborers:24
Minimum Wage: FLSA covered employers must pay day laborers at least the applicable minimum wage for
all hours worked regardless of whether the worker is paid by the hour, the day, or at a piece rate. The
minimum wage for covered nonexempt employees is $7.25 an hour effective July 24, 2009. (Certain State
rates may be higher.)
Hours Worked: Employers must pay day laborers for all work performed whether or not the employer
approves the work in advance. In general, “hours worked” includes all time an employee must be on duty,
or at the place of work. Normally, time spent in training, traveling from site to site during the day and doing
repair work must be paid.
Overtime: Normally, employers must pay time and one-half of the worker’s regular rate of pay after 40
hours of work in a 7-day workweek.
Recordkeeping: Records must be kept by employers of all wages paid and of all hours worked, regardless
of where the work is performed. Workers should keep a record of their employer’s name, address, phone
number, the hours they worked, and any payments received.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/HB 895 Basabe Perry The bill became law on July 1,
2023.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIndustries & Professional Activities Anstead Thompson
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee
24 US Department of Labor, Fact Sheet #61: Day Laborers Under the Fair Labor Standards Act (FLSA),
https://www.dol.gov/agencies/whd/fact-sheets/61-flsa-day-
laborers#:~:text=FLSA%20covered%20employers%20must%20pay,State%20rates%20may%20be%20higher.) (last visited
Mar. 21, 2025).
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6033 2025
1 A bill to be entitled
2 An act relating to the Labor Pool Act; repealing ss.
3 448.20, 448.21, 448.22, 448.23, 448.24, 448.25, and
4 448.26, F.S., relating to short title; legislative
5 intent; definitions; exclusions; duties and rights;
6 remedies, damages, and costs; and application,
7 respectively; amending ss. 443.101 and 448.111, F.S.;
8 conforming provisions to changes made by the act;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Sections 448.20, 448.21, 448.22, 448.23,
14 448.24, 448.25, and 448.26, Florida Statutes, are repealed.
15 Section 2. Subsection (10) of section 443.101, Florida
16 Statutes, is amended to read:
17 443.101 Disqualification for benefits.—An individual shall
18 be disqualified for benefits:
19 (10) Subject to the requirements of this subsection, if
20 the claim is made based on the loss of employment as a leased
21 employee for an employee leasing company or as a temporary
22 employee for a temporary help firm.
23 (a) As used in this subsection, the term:
24 1. "Temporary help firm" means a firm that hires its own
25 employees and assigns them to clients to support or supplement
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hb6033-00
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 6033 2025
26 the client's workforce in work situations such as employee
27 absences, temporary skill shortages, seasonal workloads, and
28 special assignments and projects, and includes a labor pool as
29 defined in s. 448.22. The term also includes a firm created by
30 an entity licensed under s. 125.012(6), which hires employees
31 assigned by a union for the purpose of supplementing or
32 supporting the workforce of the temporary help firm's clients.
33 The term does not include employee leasing companies regulated
34 under part XI of chapter 468.
35 2. "Temporary employee" means an employee assigned to work
36 for the clients of a temporary help firm. The term also includes
37 a day laborer performing day labor, as defined in s. 448.22, who
38 is employed by a labor pool as defined in s. 448.22.
39 3. "Leased employee" means an employee assigned to work
40 for the clients of an employee leasing company regulated under
41 part XI of chapter 468.
42 (b) A temporary or leased employee is deemed to have
43 voluntarily quit employment and is disqualified for benefits
44 under subparagraph (1)(a)1. if, upon conclusion of his or her
45 latest assignment, the temporary or leased employee, without
46 good cause, failed to contact the temporary help or employee-
47 leasing firm for reassignment, if the employer advised the
48 temporary or leased employee at the time of hire and that the
49 leased employee is notified also at the time of separation that
50 he or she must report for reassignment upon conclusion of each
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hb6033-00
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 6033 2025
51 assignment, regardless of the duration of the assignment, and
52 that reemployment assistance benefits may be denied for failure
53 to report. For purposes of this section, the time of hire for a
54 day laborer is upon his or her acceptance of the first
55 assignment following completion of an employment application
56 with the labor pool. The labor pool as defined in s. 448.22(1)
57 must provide notice to the temporary employee upon conclusion of
58 the latest assignment that work is available the next business
59 day and that the temporary employee must report for reassignment
60 the next business day. The notice must be given by means of a
61 notice printed on the paycheck, written notice included in the
62 pay envelope, or other written notification at the conclusion of
63 the current assignment.
64 Section 3. Subsection (2) of section 448.111, Florida
65 Statutes, is amended to read:
66 448.111 Evidentiary standards for actions of a business
67 during an emergency.—
68 (2) Notwithstanding any other law, the following actions
69 of a business, if taken during a public health emergency
70 declared by the State Health Officer under s. 381.00315 or a
71 state of emergency declared by the Governor under s. 252.36, may
72 not be used as evidence in a civil cause of action brought under
73 s. 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s.
74 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil
75 cause of action, as provided for under general law, to recover
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hb6033-00
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 6033 2025
76 lost wages, salary, employment benefits, or other compensation,
77 because an individual has not been properly classified as an
78 employee:
79 (a) Providing financial assistance to previously engaged
80 individuals who are unable to work because of health and safety
81 concerns.
82 (b) Directly providing benefits that are related to the
83 health and safety of engaged individuals, including medical or
84 cleaning supplies, personal protective equipment, health checks,
85 or medical testing.
86 (c) Providing training or information related to the
87 health and safety of engaged individuals or the public.
88 (d) Taking any action, including action required or
89 suggested by any federal, state, or local law, ordinance, order,
90 or directive which is intended to protect public health and
91 safety.
92 Section 4. This act shall take effect July 1, 2025.
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hb6033-00
PCS for HB 291
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 291 COMPANION BILL: SB 410 (Rodriguez)
TITLE: Personal Mobility Device Battery Safety LINKED BILLS: None
Standards RELATED BILLS: None
SPONSOR(S): Industries & Professional Activities
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill requires that all personal mobility devices—such as electric bicycles and electric scooters—sold in the
state be certified by internationally accepted standards to withstand underwater submersion up to one meter in
depth. Batteries that meet certain International Electrotechnical Commission Standards automatically comply with
these requirements. Anyone who violates its requirements is subject to civil penalties to be imposed by the
Department of Environmental Protection.
Fiscal or Economic Impact:
Indeterminate. It is unknown if the bill will have an economic or fiscal impact on commercial sellers. However, the
bill may reduce the number of malfunctions in personal mobility device batteries, which may result in less injuries
that result from such malfunctions.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires that a rechargeable lithium-ion battery used in any personal mobility device1 sold in Florida to
meet the internationally accepted ingress protection standard for electrical enclosures, providing protection
against the effects of liquid submersion up to a depth of one meter. A battery which meets the International
Electrotechnical Commission’s “IPX6” standard automatically complies with the requirements of the bill.
(Section 1).
The Department of Environmental Protection (DEP) may impose a fine of up to $1,000 for a seller’s first violation
of the bill’s requirements; a fine of up to $5,000 for the second violation; and fine of up to $10,000 for the third or
subsequent violation. DEP may suspend the imposition of any such penalty, conditioned upon the seller’s
compliance with terms the DEP finds appropriate. Any funds collected through fines must be deposited into the
General Revenue Fund. (Section 1).
The bill provides an effective date of July 1, 2025. (Section 2)
1 The bill defines “Personal Mobility Device” as any small, lightweight vehicle powered by a rechargeable lithium-ion battery
designed to transport only one person, such as electric bicycles, electric skateboards, and electric scooters.
STORAGE NAME: PCS0291.IPA
DATE: 3/24/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
The International Electrotechnical Commission—Ingress Protection
Founded in 1906, the International Electrotechnical Commission (IEC) is a standards organization that develops
and publishes standards for electrical, electronic and related technologies. The IEC provides instructions,
guidelines, rules, and definitions which are used to design, manufacture, install, test and certify, maintain, and
repair electrical and electronic devices and systems.2
Electronic equipment deteriorates or malfunctions when exposed to water or dust. As a result, the IEC has
developed ingress protection ratings (IP), which grade the resistance of an enclosure against the intrusion of dust
or liquids.3 The following chart explains the IP ratings system:
Making electrotechnology work
for you.
Ingress protection (IP) ratings guide
IP ratings are represented by combining the first and second digits of the below columns
1st numeral - solid foreign objects 2nd numeral - water
m No protection
ITJ m
r-=t1 D
No protection
[I]
D Protectecl against solid foreigl obiects of
50 mm 0 and greater ~1l Protected against vertically faling water drops :rp:
.1.Li.
Vertically fallng drops shall have no ham1ful effects
II Protected aganst solid foreign objects of
12,5mm0andgreater
Ctl aml!
~
Protected against vertically faling water drops
when enclosure tilted up to 1S
I~ID
Ill: I toVertically falling drops shall have no harmful effects when the enclost.re is tilted at any
15" on either side of the vertical
tngle up
II Protected against solid foreign objects of
2.5 mm 0 and greeter [2J II Protected against spraying water
[ID] Water sprayed at an angle up to &1 on either side of the vertical shall have no harmful effects
II Protected against solid fcreign objects of
1,0 rrm 0 and greater
ffi ll Protected against splashing water
~ Water splashed against the enclosure from any direction shall have no harmful effects
II Dust-protected
EB II Protected against water jets
[mJ Water projected n jets agarlst the enclosure from any directions shall have no harmful effects
m Dust-tiglt
ru m Protected against pov,1erful water jets
~
Water projected n powerful jets against the encloSLxe from any direction shall have no harmful
effects
[ml Ingress of water in quantities caushg harmful effects shall not be possble v-A1en the enclosure
Example:
ITg:~ fi Protected against the effects of temporary
l'T"lmerSK>r1 in water ~ is temporarily irrrnersed in water under standardized conditions of pressure and time
11,m /I
Iii
Ingress of water in quantities causrlQ harmful effects shall not be possible 'Ml8fl the enclosure
Protected against tha effects of conti...,ous
is continuously immersed in water under conditions which shall be agreed between
~
IP ~ Protected against water jets
ITlmersk>n in water
manufacturer and user but which are more severa than for numeral 7
► Dust•tiglt
m Protected against high pressure and
temperahre water tBts [ffil Water projected at high pressure and high temperatl.re agarlst the enclosure from any
direction shall not have harmful effects
Florida Battery Sales Regulation
Florida law prohibits a cell manufacturer4 or marketer5 from selling any consumer or non-consumer product that
is powered by a rechargeable battery unless the battery or product meets certain criteria.6 A rechargeable battery
2 International Electrotechnical Commission, https://www.prd.iec.ch/understanding-standards (last visited Mar. 21, 2025).
3 International Electrotechnical Commission, https://www.iec.ch/ip-ratings (last visited Mar. 21, 2025).
4 “Cell” is defined as a galvanic or voltaic device weighing 25 pounds or less that consists of an enclosed or sealed container
containing a positive and negative electrode in which one or both electrodes consist primarily of cadmium or lead and which
container includes a gel or liquid starved electrolyte. Section 403.7192(1)(a), F.S. A “cell manufacturer” is an entity that
manufactures cells in the U.S. or imports into the U.S. cells or units for which no unit management program has been put into
effect by the actual manufacturer of the cell or unit. Section 403.7192(1)(b), F.S. A “unit” is a cell, a rechargeable battery, or a
rechargeable product with nonremovable rechargeable batteries. Section 403.7192(1)(e), F.S. A “unit management program”
is a program or system for the collection, recycling, or disposal of units put in place by a marketer in accordance with law.
Section 403.7192(1)(f), F.S.
5 A “marketer” is any person who manufactures, sells, distributes, assembles, or affixes a brand name or private label or
licenses the use of a brand name on a unit or rechargeable product. This does not include someone engaged in the retail sale of
a unit or rechargeable product. Section 403.7192(1)(c), F.S.
6 Section 403.7192(4)(a), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
is defined as any small, nonvehicular, rechargeable nickel-cadmium or sealed lead-acid battery that weighs less
than 25 pounds and is not used for memory backup.7 The manufacturer or marketer must meet the following
criteria:
For consumer products, the battery can be easily removed by the consumer, or the battery is contained in a
battery pack that is separate from the product and can be easily removed.
For non-consumer products, the battery can be removed or is contained in a battery pack that is separate
from the product.
The product or the battery, or the packaging if the product is a consumer product, is labeled with a
recycling symbol and includes the term “Cd” for nickel-cadmium batteries or “Pb” for small, sealed lead
batteries to indicate the chemical composition of the battery.
The instruction manual for the product or the packaging if the product is a consumer product clearly states
that the sealed lead or nickel-cadmium battery must be recycled or disposed of properly.8
If the Secretary of DEP determines that a consumer or non-consumer product’s design would result in significant
danger to public health and safety if it were to be removable, the Secretary may authorize the sale of the product
without compliance with that requirement.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Brackett
Professional Activities
Subcommittee
7 Section 403.7192(1)(d), F.S. This definition includes a battery pack that contains a rechargeable battery. Id.
8 Section 403.7192(4), F.S.
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
PCS for HB 291 2025
1 A bill to be entitled
2 An act relating to personal mobility device battery
3 safety standards; amending s. 403.7192, F.S.; defining
4 the term "personal mobility device"; prohibiting the
5 sale of a personal mobility device using a battery
6 that is not certified as meeting a specified ingress
7 protection standard; providing penalties; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraphs (d), (e), and (f) of subsection (1)
13 of section 403.7192, Florida Statutes, are redesignated as
14 paragraphs (e), (f), and (g), respectively, subsections (9) and
15 (10) are renumbered as subsections (10) and (11), respectively,
16 a new paragraph (d) is added to subsection (1), and a new
17 subsection (9) is added to that section, to read:
18 403.7192 Batteries; requirements for consumer,
19 manufacturers, and sellers; penalties.—
20 (1) As used in this section, the term:
21 (d) "Personal mobility device" means a small, lightweight
22 vehicle powered by a rechargeable lithium-ion battery designed
23 to transport only one person, such as an electric bicycle,
24 electric skateboard, or electric scooter.
25 (9)(a) A person who engages in the business of, serves in
Page 1 of 2
PCS for HB 291
CODING: Words stricken are deletions; words underlined are additions.
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 291 2025
26 the capacity of, or acts as a commercial seller of personal
27 mobility devices may not sell any personal mobility device using
28 a rechargeable lithium-ion battery that is not certified by a
29 recognized certification organization as meeting an
30 internationally accepted ingress protection standard for
31 electrical enclosures that provide protection against the
32 effects of temporary submersion in liquid up to a depth of 1
33 meter. A battery that is IPX6 certified in accordance with
34 International Electrotechnical Commission Standard No. 60529
35 meets the requirements of this subsection.
36 (b) A person who violates paragraph (a) is subject to an
37 administrative fine, assessed by the department, of up to $1,000
38 for a first violation; a fine of up to $5,000 for a second
39 violation; and a fine of up to $10,000 for a third or subsequent
40 violation. The department shall deposit fines collected pursuant
41 to this paragraph into the General Revenue Fund. The department
42 may suspend the imposition of a fine pursuant to this paragraph,
43 conditioned upon the person's compliance with terms the
44 department deems appropriate.
45 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
PCS for HB 291
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 499
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 499 COMPANION BILL: SB 1818 (Collins)
TITLE: Malt Beverages 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 allows malt beverage manufacturers who produce less than 31,000 gallons per year to sell and deliver their
malt beverages directly to vendors. The bill also allows malt beverage manufacturers, who produce less than
31,000 gallons a year to end contracts with distributors under certain conditions.
Fiscal or Economic Impact:
The bill may have a positive fiscal and economic impact for malt beverage manufacturers who produce less than
31,000 gallons per year by allowing them to sell directly to vendors and to end their distribution agreements
within a certain time-period.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates an exception to the “three-tiered system” by allowing malt beverage manufacturers, who produce
less than 31,000 gallons in a calendar year, to sell and deliver their malt beverages directly to vendors. (Section 1)
The bill allows malt beverage manufacturers to terminate, cancel, not renew, or discontinue a distribution
agreement without paying reasonable compensation to the distributor, if the manufacturer:
Produced less than 31,000 gallons of beer in the 12-months prior to entering the agreement;
Provides written notice to the distributor at least 24 months before the termination, cancellation,
nonrenewal, or discontinuance of the distribution agreement; and
Provides the written notice to the distributor not less than 36 months after the effective date of the
agreement, but not more than 38 months after the effective date. (Section 2)
This applies to all distributor and malt beverage manufacturer distribution agreements entered into on or after
July 1, 2025, and may not be waived by any party. (Section 2)
The bill allows a malt beverage manufacturer to request the Division of Alcoholic Beverages and Tobacco
(Division) within the Department of Business and Professional Regulation (DBPR) to certify in writing how much
beer the manufacturer produced in a 12-month period. (Section 2)
The division’s certification is effective for three (3) years and is prima facie evidence of the amount of beer
produced by the manufacturer. A manufacturer may only make one request in any 12-month period. (Section 2)
The bill provides an effective date of July 1, 2025. (Section 3)
STORAGE NAME: PCS0499.IPA
DATE: 3/24/2025
1
RULEMAKING:
The bill authorizes DBPR to adopt rules for malt beverage manufacturers to request written certification of the
amount of beer they produced in a 12-month period.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Malt Beverages
In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division enforces the Beverage Law.2
“Alcoholic beverages” are defined in s. 561.01, F.S., as “distilled spirits and all beverages containing one-half of 1
percent or more alcohol by volume.”
“Malt beverages” are brewed alcoholic beverages containing malt. Beer is a brewed beverage that meets the federal
definition in 27 C.F.R. s. 25.11 and contains less than 6 percent alcohol by volume. The terms “beer” and “malt
beverage” have the same meaning in the Beverage Law.3
Section 561.14, F.S., specifies license and registration classifications used in the Beverage Law:
“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.4
“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.”
Malt Beverage Manufacturers
According to DBPR, there are 365 malt beverage manufacturers in Florida. Of those 365 manufacturers, 283
manufacturers brewed less than 31,000 gallons of malt beverages in 2024. The top ten malt beverage
manufacturers combined brewed over 330 million gallons of malt beverages in 2024, with the number one
manufacturer brewing over 286 million gallons.5
Three-Tier System and Tied House Evil
Since the repeal of Prohibition in 1933, regulation of alcohol in the United States has traditionally been based upon
what is termed the “three-tier system.” The system requires separation of the manufacture, distribution, and retail
1 Section 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. 561.02, F.S.
3 S. 563.01, F.S.
4 S. 561.01(5), F.S.
5 Email from Chris Kingry, Deputy Legislative Affairs Director, Department of Business and Professional Regulation, Info
Request (March 17, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
sale of alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the beverages
from the manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the consumer.6
Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at retail, and
manufacturers, distributors, and exporters7 are generally prohibited from holding a vendor’s license.8
Manufacturers, distributors, and vendors are generally prohibited from being licensed or having an interest in
more than one tier. Limited exceptions exist, subject to certain conditions, such as the ability for a malt beverage
manufacturer to hold a vendor’s license, a restaurant to hold a manufacturer’s license (brew pub), and a winery to
hold up to three vendor’s licenses.9
The three-tier system is rooted in the perceived evils of the “tied house” in which a bar is owned or operated by a
manufacturer or the manufacturer exercises undue influence over the retail vendor.10
Florida’s “Tied House Evil Law,” s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic beverages from
having a financial interest, directly or indirectly, in the establishment or business of a licensed vendor, and
prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates to retail vendors.
Exceptions to the Three-Tier System for Malt Beverage Manufacturers
Section 561.221(2), F.S., allows a malt beverage manufacturer to receive up to eight vendor’s licenses for the sale of
alcoholic beverages on property consisting of a single complex that includes a brewery, which may be divided by
no more than one public street or highway. These vendor’s licenses are an exception to the three-tier system
described in ss. 561.14 and 561.22, F.S., and to the tied house evil restrictions in s. 561.42, F.S.
A malt beverage manufacturer with multiple manufacturing licenses may transfer the malt beverages that it
produces between its breweries, up to 100 percent of the yearly production of the receiving brewery. Alcoholic
beverages that the malt beverage does not make must be obtained through a distributor, an importer, sales agent,
or broker.11
Business Relations between Distributors and Malt Beverage Manufacturers (Franchise Law)
Section 563.022, F.S., governs the relationship between malt beverage manufacturers and their distributors. Malt
Beverage manufacturers are required12 to enter into a “beer distribution agreement” or “franchise agreement” with
a distributor to sell their product in this state. The agreement must be in writing and conform to statutory
requirements.13
The Franchise Law specifies that distributors, but not manufacturers, are prohibited from waiving any of the rights
granted to them under the Franchise Law.14
Under the Franchise Law, a manufacturer may not terminate cancel, terminate, fail to renew their agreement, or
refuses to consent to the sale of a distributor’s interest in the distributorship without good cause regardless of the
time period specified in the agreement. A malt beverage manufacturer who cancels, terminates, or fails to renew an
6 S. 561.14, F.S.
7 S. 561.01(16), F.S. “Exporter” means any person that sells alcoholic beverages to persons for use outside the state and
includes a ship’s chandler and a duty-free shop
8 S. 561.22(1), F.S.; s. 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
9 See s. 561.14(1); s. 561.22, F.S.; s. 561.24, F.S.; 561.42, F.S.; and 563.022(14), F.S.
10 See Andrew Tamayo, What's Brewing in the Old North State: An Analysis of the Beer Distribution Laws Regulating North
Carolina's Craft Breweries, 88 N.C. L. REV. 2198 (2010), http://scholarship.law.unc.edu/nclr/vol88/iss6/6. (last visited March
22, 2025).
11 S. 561.221(2), F.S.
12 S. 563.022(15), F.S. The Franchise Law applies to all written or oral agreements between a manufacturer and beer
distributor in existence on June 4, 1987, as well as agreements entered into or renewed after June 4, 1987.
13 S. 563.022(19), F.S.
14 S. 563.022(13), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
agreement without good cause is required to pay reasonable compensation to the distributor for the diminished
value of the distributor’s business.15
“Good cause” exists if:
The distributor fails to comply with a reasonable and material provision of the agreement;
The manufacturer provided written notice to the distributor within 18 months of the failure;
The distributor was given a reasonable opportunity to make a good faith effort to comply with the
agreement; and
The distributor was given 30 days to submit a corrective action plan, and an additional 90 days to cure in
accordance with the plan.16
A manufacturer also has “good cause” to terminate, upon 15 days’ notice, if the distributor:
Files for bankruptcy, is insolvent, or is otherwise unable to remain in business.
Has their state or federal license revoked for more than 60 days.
Is convicted of a felony, but only if it has an adverse effect on the good will or interest of the
distributor or brewer.
Commits fraudulent conduct on a matter material to the manufacturer.
Intentionally sells the manufacturer’s products outside of their exclusive sales territory.
Fails to pay for products 15 business days after receiving a demand for immediate payment.
Sells, transfers, or assigns their interest in the distributorship without the written consent of the
brewer.17
The burden is on the manufacturer to show that it has acted in good faith, that the notice requirements have been
complied with, and there was good cause for the termination, cancellation, nonrenewal, or discontinuance.18
If a manufacturer sells or transfers their interest in the brewery, their successor is also bound by the terms and
conditions of the distribution agreement.19 The Franchise Law allows a manufacturer to get out of a distribution
agreement if they go out of business or stop making the products covered by the agreement, upon not less than 30
days’ prior written notice.20
In the event of a dispute arising under the Franchise Law, the prevailing party is entitled to recover costs and
attorney fees.21
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Brackett
Professional Activities
Subcommittee
15 S. 563.022(5)(b) and (17), F.S.
16 S. 563.022(7), F.S.
17 S. 563.022(10), F.S.
18 S. 563.022(8), F.S.
19 S. 563.022(16), F.S.
20 S. 563.022(11), F.S.
21 S. 563.022(18)(c), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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 499 2025
1 A bill to be entitled
2 An act relating to malt beverages; amending 561.42,
3 F.S.; allowing certain manufacturers to sell malt
4 beverages to vendors; amending s. 563.022, F.S.,
5 providing that a manufacturer may terminate, cancel,
6 nonrenew, or discontinue certain contracts under
7 certain conditions; providing that it only applies to
8 contracts entered into on a certain date; providing
9 that certain information is prima facie evidence;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (15) is added to section 561.42,
15 Florida Statutes, to read:
16 561.42 Tied house evil; financial aid and assistance to
17 vendor by manufacturer, distributor, importer, primary American
18 source of supply, brand owner or registrant, or any broker,
19 sales agent, or sales person thereof, prohibited; procedure for
20 enforcement; exception.—
21 (15) Nothing in this section or any other provision of the
22 Beverage Law shall prohibit a malt beverage manufacturer who
23 produces less than 31,000 gallons of malt beverages within a
24 calendar year from selling and delivering the malt beverages
25 produced by the manufacturer directly to vendors.
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V
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 499 2025
26 Section 2. Subsections (12) through (21) are renumbered to
27 subsections (13) through (22) and subsection (12) of section
28 563.022, Florida Statutes, is amended to read:
29 563.022 Relations between beer distributors and
30 manufacturers.—
31 (12)(a) Notwithstanding any provision of law relating to
32 franchise agreements or any other provision in this section, a
33 manufacturer may terminate, cancel, nonrenew, or discontinue a
34 franchise agreement when all of the following occur:
35 1. The manufacturer produced less than 31,000 gallons of
36 beer in the 12 months prior to the effective date of the
37 franchise agreement.
38 2. The manufacturer provides written notice of the
39 termination, cancellation, nonrenewal, or discontinuance of the
40 franchise agreement to the distributor not less than 24 months
41 before the effective date of the termination, cancellation,
42 nonrenewal, or discontinuance.
43 3. The manufacturer provides the written notice to the
44 distributor not less than 36 months after the effective date of
45 the agreement but not more than 38 months after the effective
46 date of the agreement.
47 (b) A franchise agreement that is terminated, cancelled,
48 nonrenewed, or discontinued under the provisions of this
49 subsection is not a violation of subsection (4), and a
50 manufacturer is not required to pay reasonable compensation to a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 499 2025
51 distributor.
52 (c) At the request of a manufacturer, a manufacturer’s
53 yearly production amount may be determined by the division. A
54 determination by the division, when certified in writing, is
55 prima facie evidence of the amount of beer produced by a
56 manufacturer in a 12-month period. The division may adopt rules
57 for manufacturers to request written certification of the amount
58 of beer produced by a manufacturer in a given period. However, a
59 manufacturer may not make such request more than once in any 12-
60 month period. A determination by the division that a
61 manufacturer produces less than 31,000 gallons in a 12-month
62 period, is effective for 3 years.
63 (d) This subsection applies to all franchise agreements
64 entered into on or after July 1, 2025, and may not be waived by
65 any party in a franchise agreement.
66 Section 3. This act shall take effect July 1, 2025.
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V
PCS for HB 709
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 709 COMPANION BILL: SB 622 (Rodriguez)
TITLE: Jai Alai Permitholders 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 allows holders of a valid pari-mutuel permit to lease their facilities to any jai alai permitholder when
located within a 35-mile radius, removes the authority for such permitholders to be entitled to certain permits,
prohibits the lessee from operating a cardroom or slot machine license at the leased facility, and requires such
permitholders to conduct a full schedule of live games.
Fiscal or Economic Impact:
The bill may have a positive economic impact on the private sector by opening up more opportunities for
permitholders to lease their facilities.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the restriction that holders of valid pari-mutuel permits are only entitled to lease their facilities to
holders of the same class permit, to also:
Allow holders of a valid pari-mutuel permit to lease their facilities, located at the address listed on the
permit on January 1, 2021, to any jai alai permitholder when located within a 35-mile radius.
Remove the authority for such permitholders to be entitled to obtain an additional permit.
Prohibit the lessee from operating a cardroom or slot machine license at the leased facility.
Require such jai alai permitholders to conduct a full schedule of live games as defined in statute. (Section
1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on businesses by opening up more opportunities for
lessors and lessees of pari-mutuel wagering facilities. Professional jai alai players and others involved in the sport
of jai alai may also benefit from an increase in games. The amount of additional revenues that may be generated is
unknown.
STORAGE NAME: PCS0709.IPA
DATE: 3/24/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Pari-mutuel Wagering
Since approximately 1931, pari-mutuel wagering activities (PMW) have been authorized in Florida for jai alai,
greyhound racing, and horseracing. These activities are overseen and regulated1 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within the
Department of Legal Affairs, Office of the Attorney General.2 The Commission issues permits and operating
licenses for PMW activities. Only PMW permitholders under certain conditions are authorized to conduct other
gaming activities like operating a cardroom or operating slot machines at their PMW facilities.
Lease of Pari-mutuel Facilities
Holders of valid pari-mutuel permits for the conduct of any pari-mutuel wagering in this state are entitled to lease
any and all of their facilities, as follows:3
The lease may only be to another holder of a same class valid pari-mutuel permit;
The permitholders must be located within a 35-mile radius of each other; and
The lessee is entitled to a permit and license to conduct intertrack wagering4 and operate its race meet5 or
jai alai6 games at the leased premises.
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)7 provides specific permitting and licensing requirements for the
conduct of the pari-mutuel industry.8 Pari-mutuel wagering activities are limited to operators who have received a
permit from the Division, which is then subject to ratification by county referendum.9 Permitholders apply for an
operating license annually to conduct pari-mutuel wagering activities.10 Certain permitholders are also authorized
to operate cardrooms11 and slot machines at their facility.12
The Act generally requires that any transfer or assignment of a permit receive prior approval13 by the Commission,
which must determine the eligibility14 of persons and entities to hold a permit. Similarly, if a permit is held by a
corporation or business entity other than an individual, the transfer of ten percent or more of the stock or other
evidence of ownership or equity in the permitholder may not be made without the prior approval of the transferee
by the Commission.15
1
From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
2
See ss. 16.71-16.716, F.S.
3
S. 550.475, F.S.
4 S. 550.002(16), F.S., defines “intertrack wager” or “intertrack wagering” as a particular form of pari-mutuel wagering in
which wagers are accepted at a permitted, in-state track, fronton, or pari-mutuel facility on a race or game transmitted from
and performed live at, or simulcast signal rebroadcast from, another in-state pari-mutuel facility.
5 S. 550.002(19), F.S., defines “meet” or “meeting” as the conduct of live racing or jai alai, or wagering on intertrack or
simulcast events, for any stake, purse, prize, or premium.
6 S. 550.002(17), F.S., defines “jai alai” or “pelota” as a ball game of Spanish origin played on a court with three walls.
7
Ch. 550, F.S.
8
S. 550.054(1), F.S.
9
S. 550.054(2), F.S.
10
S. 550.0115, F.S.
11
S. 849.086, F.S.
12
S. 551.104, F.S.
13
There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit converted to
a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such conversions are
prohibited. See s. 550.054(15)(d), F.S.
14
See s. 550.1815, F.S.
15
S. 550.054(11)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The Act restricts pari-mutuel permitholders from being issued an operating license to conduct pari-mutuel
wagering, slot machine gaming, or the operation of a cardroom if the permitholder did not hold an operating
license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021.16
The Act restricts pari-mutuel permitholders from holding a permit to conduct pari-mutuel wagering and
associated cardroom or slot machine licenses17 unless the permitholder, other than a limited thoroughbred
permitholder, held an operating license for the conduct of pari-mutuel wagering for Fiscal year 2020-2021.18
The Act specifies that permits held on January 1, 2021 are deemed valid,19 but new permits for pari-mutuel
wagering may not be approved or issued.20
The Commission is required to revoke the permit of any permitholder, other than a limited thoroughbred
permitholder, who did not hold an operating license for the conduct of pari-mutuel wagering for fiscal year 2020-
2021. A permit revoked under this provision is void and may not be reissued.21
Live Racing Requirements
Currently, only thoroughbred permitholders are required to conduct live racing in order to operate other PMW
activities. For example, in order to hold a cardroom license, thoroughbred permitholders are required to run a
certain number of live races each year.
The Act defines “full schedule of live racing or games” as follows: 22
Jai alai permitholders: the conduct of a combination of at least 100 live evening or matinee performances
during the preceding year;
Converted permitholders: the conduct of a combination of at least 100 live evening and matinee wagering
performances during either of the 2 preceding years;
Jai alai permitholder who does not operate slot machines: who has conducted at least 100 live
performances per year for at least 10 years after December 31, 1992, and whose handle on live jai alai
games conducted at its pari-mutuel facility has been less than $4 million per state fiscal year for at least 2
consecutive years after June 30, 1992, the conduct of a combination of at least 40 live evening or matinee
performances during the preceding year;
Jai alai permitholder who operates slot machines: the conduct of a combination of at least 150
performances during the preceding year;
Harness permitholder: the conduct of at least 100 live regular wagering performances during the
preceding year;
Quarter horse permitholder at its facility: unless an alternative schedule of at least 20 live regular
wagering performances is agreed upon by the permitholder and either the Florida Quarter Horse Racing
Association or the horsemen's association representing the majority of the quarter horse owners and
trainers at the facility and filed with the commission along with its annual date application, in the 2010-
2011 fiscal year, the conduct of at least 20 regular wagering performances, in the 2011-2012 and 2012-
2013 fiscal years, the conduct of at least 30 live regular wagering performances, and for every fiscal year
after the 2012-2013 fiscal year, the conduct of at least 40 live regular wagering performances;
Quarter horse permitholder leasing another licensed racetrack: the conduct of 160 events at the
leased facility; and for a thoroughbred permitholder, the conduct of at least 40 live regular wagering
performances during the preceding year.
Greyhound permitholders are prohibited from conducting live racing.
16
S. 550.01215(1)(d), F.S.
17
Under s. 551.114(4), F.S., designated slot machine gaming areas must be located at the address specified in the licensed
permitholder's slot machine license issued for Fiscal Year 2020-2021.
18
S. 550.054(15)(a), F.S.
19
S. 550.054(15)(b), F.S.
20
S. 550.054(15)(c), F.S.
21
S. 550.054(9)(c), F.S.
22 S. 550.002(10), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Jai alai permitholders, harness horse racing permitholders, and quarter horse racing permitholders have the
option to conduct live racing or games but are not required to do so.23
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse racing
permitholder that does not conduct live racing or games:24
Retains its permit;
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting pursuant to
ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.;
Remains eligible for a cardroom license; and
If previously issued a slot machine license, remains eligible for such license.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Industries & Anstead Thompson
Professional
I- --- Activities
--
Subcommittee
23
S. 550.01215, F.S.(1)(b)1., F.S.
24
Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 709 ORIGINAL YEAR
1 A bill to be entitled
2 An act relating to jai alai permitholders; amending s.
3 550.475, F.S.; providing that holders of a valid pari-
4 mutuel permit may lease certain facilities to any jai
5 alai permitholder when located within a specified
6 radius of each other; authorizing such permitholders
7 to apply for certain licenses; requiring such
8 permitholders to conduct a full schedule of live
9 games;; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 550.475, Florida Statutes, is amended
14 to read:
15 550.475 Lease of pari-mutuel facilities by pari-mutuel
16 permitholders.—Holders of valid pari-mutuel permits for the
17 conduct of any pari-mutuel wagering in this state may are
18 entitled to lease any and all of their facilities, located at
19 the address listed on the permit on January 1, 2021, to any
20 other holder of a same class valid pari-mutuel permit or to any
21 jai alai permitholder, when located within a 35-mile radius of
22 each other; and such lessee may apply for a is entitled to a
23 permit and license to conduct intertrack wagering and operate
24 its race meet or jai alai games at the leased facility premises
25 but may not operate a cardroom or slot machine license at the
Page 1 of 2
PCS for HB 709
CODING: Words stricken are deletions; words underlined are additions.
V
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 709 ORIGINAL YEAR
26 leased facility. A jai alai permitholder that leases a facility
27 in accordance with this section must conduct a full schedule of
28 live games as defined in s. 550.002(10) using such
29 permitholder’s existing permit and may not operate under the
30 lessor’s permit.
31 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
PCS for HB 709
CODING: Words stricken are deletions; words underlined are additions.
V
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
PCS for HB 709 by Rep. Esposito
Jai Alai Permitholders
AMENDMENT SUMMARY
March 26, 2025
Amendment 1 by Rep. Esposito (lines 27-28):
• Requires jai alai permitholders that lease facilities in accordance with this section to
conduct at least 59 live performances.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 709 (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 lines 27-28 and insert:
7 in accordance with this section must conduct a minimum of 59
8 live performances using such
9
10 -----------------------------------------------------
11 T I T L E A M E N D M E N T
12 Remove lines 8-9 and insert:
13 permitholders to conduct a certain amount of live
14 performances; providing an effective date.
PCS for HB 709 a1
Published On: 3/25/2025 2:30:39 PM
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