Meeting Packet — Commerce Committee, Florida House of Representatives (March 31, 2025)
Summary
Meeting packet of the Commerce Committee of the Florida House of Representatives for Monday, March 31, 2025, 1:30 PM to 3:30 PM. The agenda lists CS/CS/HB 139 (Pawnbroker Transaction Forms), HB 311 (Repair of Motorized Wheelchairs), CS/HB 715 (Roofing Services), CS/HB 1549 (Financial Institutions) and HM 4063 (Framework for a Sovereign Wealth Fund), among other items. The bill analysis for CS/CS/HB 139 states that a pawnbroker transaction form may be in digital or print format, with digital forms having a minimum font size of 12 points. The packet closes with the text of HM 4063, a memorial urging Congress to establish a framework for a sovereign wealth fund.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Meeting Packet — Commerce Committee, Florida House of Representatives (March 31, 2025).”
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Commerce Committee
Monday, March 31, 2025
1:30 PM - 3:30 PM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
The Florida House of Representatives
Commerce Committee
Daniel Perez James Buchanan
Speaker Chair
Meeting Agenda
Monday, March 31, 2025
1:30 pm – 3:30 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/CS/HB 139 Pawnbroker Transaction Forms by Criminal Justice Subcommittee, Industries &
Professional Activities Subcommittee, López, J., Plasencia
• HB 311 Repair of Motorized Wheelchairs by Eskamani
• CS/HB 497 Nonprofit Agricultural Organization Medical Benefit Plans by Insurance & Banking
Subcommittee, Grow
• CS/HB 715 Roofing Services by Industries & Professional Activities Subcommittee, Porras
• CS/HB 729 Veterinary Professional Associates by Industries & Professional Activities
Subcommittee, Melo
• CS/HB 1157 Verification of Reemployment Assistance Benefit Eligibility by Housing,
Agriculture & Tourism Subcommittee, Abbott
• CS/HB 1549 Financial Institutions by Insurance & Banking Subcommittee, Maggard
• HM 4063 Framework for a Sovereign Wealth Fund by Anderson
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
CS/CS/HB 139
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/CS/HB 139 COMPANION BILL: CS/SB 678 (Truenow)
TITLE: Pawn Broker Transaction Forms LINKED BILLS: None
SPONSOR(S): López, J. RELATED BILLS: None
Committee References
Industries & Professional Criminal Justice Commerce
Activities 17 Y, 0 N, As CS
15 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill provides that a pawnbroker transaction form used to record pawns and purchases may be in digital or
print format instead of only print.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on pawnbrokers by providing them the option to use digital pawnbroker
transaction forms.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that the pawnbroker transaction form, which is approved by the Department of Agriculture and
Consumer Services and is used to record pawns and purchases by pawnbrokers, may be in digital or print format
instead of only print format. (Section 1)
Digital pawnbroker transaction forms must have a minimum font size of 12 points, and information required to be
on the front or back of the printed form must be on the first or second page of the digital form. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Agriculture and Consumer Services
The mission of the Department of Agriculture and Consumer Services (“DACS”) is to support and promote Florida’s
agriculture, protect the environment, safeguard consumers, and ensure the safety and wholesomeness of food.1
The Division of Consumer Services within DACS is responsible for protecting the public from unfair and unsafe
business practices and regulating various businesses such as motor vehicle repair shops, charitable organizations,
pawnbrokers, health studios, sellers of travel, intrastate movers, professional surveyors and mappers,
sweepstakes/game promotions and telemarketers.2
1 DACS, About Us, (last visited Mar. 19, 2025).
2 DACS, Division of Consumer Services, (last visited Mar. 19, 2025).
STORAGE NAME: h0139d.COM
DATE: 3/27/2025
1
Pawnbrokers
A pawnbroker is any person who advances funds to a person who pledges goods as collateral for the funds. The
person pledging the goods (“pledger”) may reclaim the goods after repaying the funds, interest, and pawn service
charge by the maturity date of the pawn, which must be 30 days after the date of the pawn. If the pledger fails to
repay the required funds, then the pledged goods are forfeited to the pawnbroker 30 days after the maturity date.3
Chapter 539, Florida Statutes, the Florida Pawnbroking Act, regulates pawnbrokers in the state of Florida. In order
to be a pawnbroker, a person must be licensed by DACS.4
Pawnbroker Transaction Form
A pawnbroker must complete a printed pawnbroker transaction form whenever they enter into a pawn or make a
purchase from a seller. DACS approves the design and format of the transaction form, which must be 8.5 inches by
11 inches, written in English, indicate whether the transaction is a pawn or sale, and include the following on the
front of the form:5
Name and address of the pawnshop.
A complete and accurate description of the pledged goods or purchased goods, including the following
information, if applicable:
o Brand name.
o Model number.
o Manufacturer’s serial number.
o Size.
o Color, as apparent to the untrained eye.
o Precious metal type, weight, and content, if known.
o Gemstone description, including the number of stones.
o The type of action, caliber or gauge, number of barrels, barrel length, and finish if the transaction
includes firearms.
o Any other unique identifying marks, numbers, names, or letters.
Name, address, home telephone number, place of employment, date of birth, physical description,
signature, and right thumbprint of the pledgor or seller.
Date and time of the transaction.
Type of identification accepted from the pledgor or seller, including the issuing agency and the
identification number.
A statement that the pledgor or seller of the goods represents they are the rightful owner of the goods and
they are not stolen and have no liens or encumbrances against them.
If the transaction is a pawn, the front of the pawnbroker transaction form must also include:6
The amount of money advanced, designated as the amount financed;
The maturity date of the pawn, which must be 30 days after the date of the pawn;
The default date of the pawn and the amount due on the default date;
The total pawn service charge owed on the maturity date, designated as the finance charge;
The total payment to reclaim the goods, including the amount financed and the finance charge;
The annual percentage rate; and
A statement on the front or back that:
o The pawned goods will be forfeited to the pawnbroker if they are not redeemed within 30 days
after the maturity date of the pawn.
o The pledgor is not obligated to redeem the pawned goods.
o If the pawnbroker transaction form is lost, destroyed, or stolen, the pledgor must immediately
advise the issuing pawnbroker in person or in writing by certified or registered mail.
3 S. 539.001, F.S.; National Pawnbrokers Association, Pawn 101: The Basics, (last visited Mar. 19, 2025).
4 Ss. 539.001(3) and (4), F.S.
5 S. 539.001(8), F.S.
6 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
o The pawn may be extended upon mutual agreement of the parties.
If the transaction is a purchase by the pawnbroker, the front of the pawnbroker transaction form must include the
amount of money paid for the goods or the monetary value assigned to the goods.7
Recordkeeping for Pawnbroker Transaction Forms
A pawnbroker must provide a pledgor or seller with a copy of a pawnbroker transaction form at the time of the
pawn or sale. A pawnbroker must maintain a copy of the pawnbroker transaction form for at least one year from
the date of the pawn or sale.8
Before the end of each business day, a pawnbroker must deliver the original pawnbroker transaction forms to the
appropriate official for the local law enforcement agency9 for all of the transactions during the previous business
day unless other arrangements have been agreed upon by the pawnbroker and the appropriate local law
enforcement agency.10
In lieu of physically delivering the original pawnbroker transaction forms, a local law enforcement agency may
supply software to a pawnbroker so the pawnbroker may electronically transfer the transaction forms to the law
enforcement agency. If a pawnbroker does not have a computer to use such software, the law enforcement agency
may provide a computer to the pawnbroker. The law enforcement agency retains ownership of the computer,
unless otherwise agreed upon. The pawnbroker must maintain the computer in good working order, ordinary
wear and tear excepted.11
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 15 Y, 0 N, As CS 3/6/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE Provided a minimum font size for digital pawnbroker transaction
COMMITTEE: forms.
Required information on the front or back of the printed pawnbroker
transaction form to be on the first or second page of the digital form.
Criminal Justice Subcommittee 17 Y, 0 N, As CS 3/19/2025 Hall Butcher
THE CHANGES ADOPTED BY THE Clarified that a pawnbroker may use either the printed or digital format
COMMITTEE: of the pawnbroker transaction form.
Commerce Committee Hamon Brackett
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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7 Id.
8 S. 539.001(9), F.S.
9 The appropriate law enforcement official is the sheriff of the county in which a pawnshop is located or, in case of a pawnshop
located within a municipality, the police chief of the municipality in which the pawnshop is located. Any sheriff or police chief
may designate any law enforcement officer working within the county or municipality as the appropriate law enforcement
official. S. 539.001(1)(b), F.S.
10 Id.
11 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 139 2025
1 A bill to be entitled
2 An act relating to pawnbroker transaction forms;
3 amending s. 539.001, F.S.; authorizing pawnbroker
4 transaction forms to be in digital or printed formats;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraphs (a) and (b) of subsection (8) and
10 paragraphs (a) and (b) of subsection (9) of section 539.001,
11 Florida Statutes, are amended to read:
12 539.001 The Florida Pawnbroking Act.—
13 (8) PAWNBROKER TRANSACTION FORM.—
14 (a) At the time the pawnbroker enters into any pawn or
15 purchase transaction, the pawnbroker shall complete a pawnbroker
16 transaction form for such transaction, including an indication
17 of whether the transaction is a pawn or a purchase, and the
18 pledgor or seller shall sign such completed form. The agency
19 must approve the design and format of the pawnbroker transaction
20 form, which must be 8 1/2 inches x 11 inches in size for printed
21 forms and be in a font size of at least 12 points for digital
22 forms and elicit the information required under this section in
23 a digital or printed format. The pawnbroker may use either
24 format of the pawnbroker transaction form. In completing the
25 pawnbroker transaction form, the pawnbroker shall record the
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26 following information, which must be typed or written indelibly
27 and legibly in English.
28 (b) The front of a printed the pawnbroker transaction form
29 and the first page of a digital form must include:
30 1. The name and address of the pawnshop.
31 2. A complete and accurate description of the pledged
32 goods or purchased goods, including the following information,
33 if applicable:
34 a. Brand name.
35 b. Model number.
36 c. Manufacturer's serial number.
37 d. Size.
38 e. Color, as apparent to the untrained eye.
39 f. Precious metal type, weight, and content, if known.
40 g. Gemstone description, including the number of stones.
41 h. In the case of firearms, the type of action, caliber or
42 gauge, number of barrels, barrel length, and finish.
43 i. Any other unique identifying marks, numbers, names, or
44 letters.
45
46 Notwithstanding sub-subparagraphs a.-i., in the case of multiple
47 items of a similar nature delivered together in one transaction
48 which do not bear serial or model numbers and which do not
49 include precious metal or gemstones, such as musical or video
50 recordings, books, and hand tools, the description of the items
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51 is adequate if it contains the quantity of items and a
52 description of the type of items delivered.
53 3. The name, address, home telephone number, place of
54 employment, date of birth, physical description, and right
55 thumbprint of the pledgor or seller.
56 4. The date and time of the transaction.
57 5. The type of identification accepted from the pledgor or
58 seller, including the issuing agency and the identification
59 number.
60 6. In the case of a pawn:
61 a. The amount of money advanced, which must be designated
62 as the amount financed;
63 b. The maturity date of the pawn, which must be 30 days
64 after the date of the pawn;
65 c. The default date of the pawn and the amount due on the
66 default date;
67 d. The total pawn service charge payable on the maturity
68 date, which must be designated as the finance charge;
69 e. The amount financed plus the finance charge that must
70 be paid to redeem the pledged goods on the maturity date, which
71 must be designated as the total of payments;
72 f. The annual percentage rate, computed according to the
73 regulations adopted by the Federal Reserve Board under the
74 federal Truth in Lending Act; and
75 g. The front or back of a printed the pawnbroker
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76 transaction form and the first or second page of a digital
77 pawnbroker transaction form must include a statement that:
78 (I) Any personal property pledged to a pawnbroker within
79 this state which is not redeemed within 30 days following the
80 maturity date of the pawn, if the 30th day is not a business
81 day, then the following business day, is automatically forfeited
82 to the pawnbroker, and absolute right, title, and interest in
83 and to the property vests in and is deemed conveyed to the
84 pawnbroker by operation of law, and no further notice is
85 necessary;
86 (II) The pledgor is not obligated to redeem the pledged
87 goods; and
88 (III) If the pawnbroker transaction form is lost,
89 destroyed, or stolen, the pledgor must immediately advise the
90 issuing pawnbroker in writing by certified or registered mail,
91 return receipt requested, or in person evidenced by a signed
92 receipt.
93 (IV) A pawn may be extended upon mutual agreement of the
94 parties.
95 7. In the case of a purchase, the amount of money paid for
96 the goods or the monetary value assigned to the goods in
97 connection with the transaction.
98 8. A statement that the pledgor or seller of the item
99 represents and warrants that it is not stolen, that it has no
100 liens or encumbrances against it, and that the pledgor or seller
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101 is the rightful owner of the goods and has the right to enter
102 into the transaction. Any person who knowingly gives false
103 verification of ownership or gives a false or altered
104 identification and who receives money from a pawnbroker for
105 goods sold or pledged commits:
106 a. If the value of the money received is less than $300, a
107 felony of the third degree, punishable as provided in s.
108 775.082, s. 775.083, or s. 775.084.
109 b. If the value of the money received is $300 or more, a
110 felony of the second degree, punishable as provided in s.
111 775.082, s. 775.083, or s. 775.084.
112 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
113 (a) A pawnbroker must maintain a copy of each completed
114 pawnbroker transaction form on the pawnshop premises for at
115 least 1 year after the date of the transaction. On or before the
116 end of each business day, the pawnbroker must deliver to the
117 appropriate law enforcement official the original printed
118 pawnbroker transaction forms or printed copies of the digital
119 pawnbroker transaction forms for each of the transactions
120 occurring during the previous business day, unless other
121 arrangements have been agreed upon between the pawnbroker and
122 the appropriate law enforcement official. If an the original
123 printed transaction form is lost or destroyed by the appropriate
124 law enforcement official, a copy may be used by the pawnbroker
125 as evidence in court. When an electronic image of a pledgor or
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126 seller identification is accepted for a transaction, the
127 pawnbroker must maintain the electronic image in order to meet
128 the same recordkeeping requirements as for the original printed
129 transaction form. If a criminal investigation occurs, the
130 pawnbroker shall, upon request, provide a clear and legible copy
131 of the image to the appropriate law enforcement official.
132 (b) If the appropriate law enforcement agency supplies the
133 appropriate software and the pawnbroker presently has the
134 computer ability, pawn transactions shall be electronically
135 transferred. If a pawnbroker does not presently have the
136 computer ability, the appropriate law enforcement agency may
137 provide the pawnbroker with a computer and all necessary
138 equipment for the purpose of electronically transferring pawn
139 transactions. The appropriate law enforcement agency shall
140 retain ownership of the computer, unless otherwise agreed upon.
141 The pawnbroker shall maintain the computer in good working
142 order, ordinary wear and tear excepted. In the event the
143 pawnbroker transfers pawn transactions electronically, the
144 pawnbroker is not required to also deliver to the appropriate
145 law enforcement official the original or copies of the
146 pawnbroker transaction forms. The appropriate law enforcement
147 official may, for the purposes of a criminal investigation,
148 request that the pawnbroker produce an original of a printed
149 transaction form that has been electronically transferred. The
150 pawnbroker shall deliver this form to the appropriate law
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151 enforcement official within 24 hours of the request.
152 Section 2. This act shall take effect July 1, 2025.
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HB 311
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 311 COMPANION BILL: SB 412 (Smith)
TITLE: Repair of Motorized Wheelchairs LINKED BILLS: None
SPONSOR(S): Eskamani RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill creates the Motorized Right to Repair Act that requires original equipment manufacturers of motorized
wheelchairs sold or used in this state to provide documents, tools, and parts necessary to repair motorized
wheelchairs to third party repair providers and owners of motorized wheelchairs.
Fiscal or Economic Impact:
Indeterminate. The bill may have in indeterminate fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates the Motorized Right to Repair Act (Act) that requires original equipment manufacturers of
motorized wheelchairs sold or used in this state to provide documents, tools, and parts necessary to repair
motorized wheelchairs to third party repair providers and owners of motorized wheelchairs. The Act applies to
motorized wheelchairs sold or in use on or after July 1, 2025. (Sections 2, 4, and 7)
Original equipment manufacturers must make documents and tools available at fair and reasonable terms, which
means at either no cost or at the actual cost of preparing and sending the document or tool. Parts must also be
provided at fair and reasonable terms that are equivalent to the most favorable costs and terms under which an
original equipment manufacturer provides the part to an authorized repair provider. (Section 3)
For any equipment that contains an electronic security lock or security-related function, the original equipment
manufacturer must:
Make certain items and information available to owners and independent repair providers.
Provide, on fair and reasonable terms, any special documentation, tools, and parts needed to access and
reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the
motorized wheelchair. The documentation, tools, and parts may be made available through appropriate
secure release systems. (Section 4)
The Act does not require an original equipment manufacturer to disclose a trade secret to an owner or
independent service provider and does not alter the terms of an arrangement between the original equipment
manufacturer and an authorized repair provider. (Section 6)
A violation of the Motorized Right to Repair Act is punishable under the Florida Deceptive and Unfair Trade
Practices Act. However, an original equipment manufacturer is not liable for any damage or injury caused to a
motorized wheelchair by an independent repair provider or owner during the course of repair, diagnosis, or
maintenance. (Sections 5 and 6)
STORAGE NAME: h0311b.COM
DATE: 3/27/2025
1
The bill provides an effective date of July 1, 2025. (Section 8)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. To the extent that manufacturers will be required to make repair information and tools available to
customers, expenditures for manufacturers may increase, and repair costs for wheelchair owners may decrease.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Wheelchair Repairs
Millions of Americans rely on wheelchairs due to impaired mobility.1 As of 2014, about 21% of adults in the U.S.
have difficulty or are unable to walk a quarter mile.2 The use of mobility devices like wheelchairs provides
independence to users who may otherwise have difficulty with physical functioning.3
Wheelchair repairs impact over 50% of wheelchair users and often result in individuals stranded at home or
missing a medical appointment.4 One survey of wheelchair users found that a result of wheelchair breakdown, out-
of-pocket repair costs ranged from $50-$620.5
To address the costs and delays associated with repairs, right to repair laws allow consumers to repair their own
products instead of using the original equipment manufacturer for service. In general, right to repair laws include
the tools, parts, software or instructions original equipment manufacturers must provide to independent repairers
and owners.6
The Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce.7 The FDUTPA is based on federal law.8
For example, Florida has determined that the following acts or practices are unfair or deceptive:
Imposing unconscionable prices for the rental or lease of any dwelling unit or self-storage facility during a
period of declared state of emergency;9
Failing to abide by storage requirements for personal information and notice requirements for data
breaches of such information;10 and
1 Danielle M. Taylor, U.S. DEPT. OF COM., Americans With Disabilities: 2014, available at
https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf (last visited March 13, 2025)
(citing more than 5.5 million wheelchair users).
2 Id. at 7.
3 Lynn Worobey, et al., Increases in Wheelchair Breakdowns, Repairs, and Adverse Consequences for People with Traumatic
Spinal Cord Injury, 91:6 AM. J. OF PHYSICAL MED. AND REHAB. 463 (2012), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC4886332/ (last visited March 13, 2025).
4 Id.
5 Lisa I. Iezzoni, HARV. HEALTH PUBL’G, Millions rely on wheelchairs for mobility, but repair delays are hurting users, available at
https://www.health.harvard.edu/blog/millions-rely-on-wheelchairs-for-mobility-but-repair-delays-are-hurting-users-
202207212785 (last visited March 13, 2025).
6 Right to Repair 2023 Legislation, National Conference of State Legislatures, November 1, 2023,
https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation (last visited March 13, 2025).
7
Chapter 73-124, L.O.F., and s. 501.202, F.S., F.S.
8
D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV. 1083
(Summer 2011).
9
S. 501.160, F.S.
10
S. 501.171, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Failing to abide by requirements for weight-loss programs.11
The state attorney or the Department of Legal Affairs (DLA) may bring FDUTPA actions, if it serves the public
interest, on behalf of consumers or governmental entities.12 The Office of the State Attorney (SAO) may enforce
FDUTPA violations occurring in its jurisdiction. DLA has enforcement authority if the violation is multi-
jurisdictional, the state attorney defers in writing, or the state attorney fails to act within 90 days after a written
complaint is filed.13 Consumers may also file suit through private actions.14
DLA and the SAO have powers to investigate FDUTPA claims, which include:15
Administering oaths and affirmations;
Subpoenaing witnesses or matter; and
Collecting evidence.
DLA and the SAO, as enforcing authorities, may seek the following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.16
Other States
Currently, it appears that seven states have passed right to repair laws. These states include California, Colorado,
Maine, Massachusetts, Minnesota, New York, and Oregon. These laws focus on the digital equipment industry,
motor vehicles, and the agricultural and construction industry.17 The Colorado law addresses original equipment
manufacturers of agricultural equipment or a powered wheelchair.18 New York has introduced a bill that would
require manufacturers to make available certain documentation, parts, embedded software, firmware, or tools
necessary for repairing wheelchair equipment.19
11
S. 501.0579, F.S.
12
S. 501.207, F.S.(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state
attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the
violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within
a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage;
State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential
for deterrence of anticompetitive conduct in Florida),
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on March 13, 2025).
13
S. 501.203(2), F.S.
14
S. 501.211, F.S.
15
S. 501.206(1), F.S.
16
S. 501.207, F.S.(1), 501.208, F.S., and 501.2075, F.S. Civil Penalties are deposited into the General Revenue fund. Enforcing
authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
17 Statista, How Many States Have Right to Repair Laws?, https://www.statista.com/chart/32855/us-states-with-at-least-one-
bill-regulating-right-to-repair-own-products/ (last visited Mar. 17, 2025).
18 Colorado General Assembly, Consumer Right to Repair Digital Electronic Equipment, https://leg.colorado.gov/bills/hb24-
1121 (last visited Mar. 17, 2025).
19 New York Senate Bill S4500.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 0 N 3/19/2025 Anstead Thompson
Subcommittee
Commerce Committee Hamon Thompson
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 311 2025
1 A bill to be entitled
2 An act relating to repair of motorized wheelchairs;
3 providing a directive to the Division of Law Revision;
4 creating s. 559.971, F.S.; providing a short title;
5 creating s. 559.972, F.S.; providing definitions;
6 creating s. 559.973, F.S.; requiring an original
7 equipment manufacturer to make available any
8 documentation, parts, and tools, required for the
9 diagnosis, maintenance, or repair of a motorized
10 wheelchair and parts for the motorized wheelchair;
11 requiring an original equipment manufacturer of a
12 motorized wheelchair with an electronic security lock
13 to make available any special documentation, parts,
14 and tools, needed to access and reset the lock when
15 disabled in the course of diagnosis, maintenance, or
16 repair of the motorized wheelchair; creating s.
17 559.974, F.S.; providing that violation of the act is
18 an unlawful practice under the Florida Deceptive and
19 Unfair Trade Practices Act; creating s. 559.975, F.S.;
20 providing that an original equipment manufacturer is
21 not required to divulge trade secrets; providing that
22 nothing in the act alters the terms of an arrangement
23 between an authorized repair provider and an original
24 equipment manufacturer; providing an exception;
25 limiting the liability of an original equipment
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HB 311 2025
26 manufacturer or authorized repair provider in certain
27 circumstances; creating s. 559.976, F.S.; providing
28 applicability; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Part XIV of chapter 559, Florida Statutes,
33 consisting of ss. 559.971-559.976, is created and entitled
34 "Repair of Motorized Wheelchairs."
35 Section 2. Section 559.971, Florida Statutes, is created
36 to read:
37 559.971 Short title.-This part may be cited as the
38 "Motorized Wheelchair Right to Repair Act."
39 Section 3. Section 559.972, Florida Statutes, is created
40 to read:
41 559.972 Definitions.-As used in this part, the term:
42 (1) "Authorized repair provider" means an individual or a
43 business that has an arrangement with the original equipment
44 manufacturer under which the original equipment manufacturer
45 grants to the individual or business a license to use a trade
46 name, service mark, or other proprietary identifier for the
47 purposes of offering the services of diagnosis, maintenance, or
48 repair of a motorized wheelchair under the name of the original
49 equipment manufacturer, or other arrangement with the original
50 equipment manufacturer to offer such services on behalf of the
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HB 311 2025
51 original equipment manufacturer. An original equipment
52 manufacturer that offers the services of diagnosis, maintenance,
53 or repair of its own motorized wheelchair, and that does not
54 have an arrangement with an unaffiliated individual or business,
55 must be considered an authorized repair provider with respect to
56 motorized wheelchairs.
57 (2) "Documentation" means any manual, diagram, reporting
58 output, service code description, schematic diagram, security
59 codes, passwords, or other guidance or information used in
60 effecting the services of diagnosis, maintenance, or repair of a
61 motorized wheelchair.
62 (3) "Fair and reasonable terms" means making available
63 parts, tools, or documentation as follows:
64 (a) Documentation made available by the original equipment
65 manufacturer at no charge, except that, when a physical copy is
66 requested, a charge may be included for the reasonable actual
67 costs of preparing and sending the copy.
68 (b) Tools made available by the original equipment
69 manufacturer at no charge and without requiring authorization or
70 Internet access for use or operation of the tools; without
71 imposing impediments to access or use the tools to diagnose,
72 maintain, or repair and enable full functionality of digital
73 electronic equipment; and not in a manner that impairs the
74 efficient and cost-effective performance of any such diagnosis,
75 maintenance, or repair, except that, when the tool is requested
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HB 311 2025
76 in physical form, a charge may be included for the reasonable,
77 actual costs of preparing and sending the tool.
78 (c) Parts made available by the original equipment
79 manufacturer, either directly or through an authorized repair
80 provider, to independent repair providers and owners at costs
81 and terms that are equivalent to the most favorable costs and
82 terms under which an original equipment manufacturer offers the
83 parts to an authorized repair provider and that:
84 1. Accounts for any discount, rebate, convenient and
85 timely means of delivery, means of enabling fully restored and
86 updated functionality, rights of use, or other incentive and
87 preference the original manufacturer offers to an authorized
88 repair provider; or any additional cost or impediment the
89 original equipment manufacturer imposes on an owner or
90 independent repair provider.
91 2. Is not conditioned upon or does not impose a
92 substantial obligation or restriction that is not reasonably
93 necessary for enabling the owner or independent repair provider
94 to engage in the diagnosis, maintenance, or repair of equipment
95 made by or on behalf of the original equipment manufacturer.
96 3. Is not conditioned upon an arrangement with the
97 original equipment manufacturer.
98 (4) "Independent repair provider" means an individual or
99 business operating in this state which is unaffiliated with an
100 original equipment manufacturer that is engaged in the services
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HB 311 2025
101 of diagnosis, maintenance, or repair of motorized wheelchairs.
102 (5) "Original equipment manufacturer" means a business
103 engaged in selling, leasing, or supplying new motorized
104 wheelchairs manufactured by, or on behalf of, the business to
105 any individual or business.
106 (6) "Owner" means an individual or business that owns or
107 leases a motorized wheelchair purchased or used in this state.
108 (7) "Part" means any replacement part, either new or used,
109 made available by an original equipment manufacturer for
110 purposes of effecting the services of maintenance or repair of a
111 motorized wheelchair manufactured by or on behalf of, sold, or
112 otherwise supplied by the original equipment manufacturer.
113 (8) "Tools" means any software, hardware, or other
114 apparatus used for the diagnosis, maintenance, or repair of a
115 motorized wheelchair, including software or other mechanisms
116 that program a new part, calibrate functionality, or perform any
117 other function required to return the wheelchair to fully
118 functional condition, including any updates.
119 (9) "Trade secret" has the same meaning as in s. 688.002.
120 Section 4. Section 559.973, Florida Statutes, is created
121 to read:
122 559.973 Requirements.-
123 (1) For motorized wheelchairs and parts for motorized
124 wheelchairs that are sold or used in this state, an original
125 equipment manufacturer must make available to any independent
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HB 311 2025
126 repair provider and owner by, on behalf of, or sold by such
127 original equipment manufacturer, on fair and reasonable terms,
128 any documentation, parts, and tools, required for the diagnosis,
129 maintenance, or repair of such a motorized wheelchair and parts
130 for the motorized wheelchair, inclusive of any updates to
131 information. The documentation parts and tools must be made
132 available either directly by the original equipment manufacturer
133 or via an authorized repair provider.
134 (2) For equipment that contains an electronic security
135 lock or other security-related function, the original equipment
136 manufacturer must make available to an owner and independent
137 repair provider, on fair and reasonable terms, any special
138 documentation, tools, and parts needed to access and reset the
139 lock or function when disabled in the course of diagnosis,
140 maintenance, or repair of the motorized wheelchair. The
141 documentation, tools, and parts may be made available through
142 appropriate secure release systems.
143 Section 5. Section 559.974, Florida Statutes, is created
144 to read:
145 559.974 Enforcement.-A violation of this part is
146 punishable under the Florida Deceptive and Unfair Trade
147 Practices Act.
148 Section 6. Section 559.975, Florida Statutes, is created
149 to read:
150 559.975 Limitations.-
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151 (1) This part does not require an original equipment
152 manufacturer to divulge a trade secret to an owner or
153 independent service provider.
154 (2) This part does not alter the terms of an arrangement
155 between an authorized repair provider and an original equipment
156 manufacturer, including, but not limited to, the performance or
157 provision of warranty or recall repair work by an authorized
158 repair provider on behalf of an original equipment manufacturer
159 and pursuant to such arrangement. However, any provision in the
160 terms that waives, avoids, restricts, or limits the original
161 equipment manufacturer's obligations to comply with this part is
162 void.
163 (3) An original equipment manufacturer or authorized
164 repair provider is not liable for any damage or injury caused to
165 a motorized wheelchair by an independent repair provider or
166 owner that occurs during the course of repair, diagnosis, or
167 maintenance.
168 Section 7. Section 559.976, Florida Statutes, is created
169 to read:
170 559.976 Applicability.-This part applies with respect to
171 motorized wheelchairs sold or in use on or after July 1, 2025.
172 Section 8. This act shall take effect July 1, 2025.
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hb311-00
CS/HB 497
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 497 COMPANION BILL: CS/CS/SB 480 (DiCeglie)
TITLE: Nonprofit Agricultural Organization Medical LINKED BILLS: None
Benefit Plans RELATED BILLS:
SPONSOR(S): Grow
Committee References
Insurance & Banking Health Care Facilities & Systems Commerce
16 Y, 0 N, As CS 18 Y, 0 N
SUMMARY
Effect of the Bill:
The bill establishes a framework allowing nonprofit agricultural organizations to offer medical benefit plans to
their members. To qualify, an organization must:
Be based in Florida;
Be tax-exempt under s. 501(c)(3) of the Internal Revenue Code;
Be focused on supporting rural communities and farmers;
Collect annual dues;
Have existed since before 1945; and
Have members across most of the state.
The bill specifies that these medical benefit plans are not considered insurance under the Florida Insurance Code
and requires organizations offering such plans to include a disclaimer on all applications and marketing materials.
The bill prohibits the sale or marketing of these plans through licensed insurance agents and mandates an annual
financial audit conducted by an independent certified public accountant, which must be publicly accessible.
Fiscal or Economic Impact:
The bill may have a negative fiscal impact on state government revenues. It has no fiscal impact on state
government expenses or local government revenues or expenses. It 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 establishes a framework allowing nonprofit agricultural organizations to offer medical benefit plans to
their members. To qualify, an organization must:
Be based in Florida;
Be tax-exempt under s. 501(c)(3) of the Internal Revenue Code;
Be focused on supporting rural communities and farmers;
Collect annual dues;
Have existed since before 1945; and
Have members across most of the state. (Section 1)
The bill specifies that these medical benefit plans are not considered insurance under the Florida Insurance Code
and requires organizations offering such plans to include a disclaimer on all applications and marketing materials.
(Section 1).
STORAGE NAME: h0497d.COM
DATE: 3/27/2025
1
The bill prohibits the sale or marketing of these plans through licensed insurance agents and mandates an annual
financial audit conducted by an independent certified public accountant, which must be publicly accessible.
(Section 1).
The bill takes effect on July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Insurance premium tax revenues may be reduced to the extent that purchasers of health coverage shift their
business from health insurance to the exempt health coverage proposed by the bill.
PRIVATE SECTOR:
Members of eligible nonprofit agricultural organizations may realize savings on health coverage to the extent that
health coverage products offered by such organizations are priced lower that insurance products that they may
already purchase.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Health Insurance
Health insurance is the insurance of human beings against bodily injury or disablement by accident or sickness,
including the expenses associated with such injury, disablement, or sickness.1 Individuals purchase health
insurance coverage with the purpose of managing anticipated expenses related to health or protecting themselves
from unexpected medical bills or large health care costs. Managed care is the most common delivery system for
medical care today by health insurers.2 Managed care systems combine the delivery and financing of health care
services by limiting the choice of doctors and hospitals.3 In return for this limited choice, however, medical care is
less costly due to the managed care network’s ability to control health care services. Some common forms of
managed care are preferred provider organizations4 (PPO) and health maintenance organizations5 (HMO).
Office of Insurance Regulation
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and other risk bearing
entities in Florida.6 The Financial Services Commission (FSC), composed of the Governor, the Attorney General, the
Chief Financial Officer, and the Commissioner of Agriculture, serves as the OIR agency head for purposes of
rulemaking. Further, the FSC appoints the OIR Commissioner.
As part of its regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority under
certain conditions.7 The OIR is responsible for examining the affairs, transactions, accounts, records, and assets of
each insurer that holds a certificate of authority to transact insurance business in Florida.8 As part of the
examination process, all persons being examined must make available to the OIR the accounts, records, documents,
files, information, assets, and matters in their possession or control that relate to the subject of the examination.9
1 S. 624.603, F.S.
2 Florida Department of Financial Services, Health Insurance and Health Maintenance Organizations, A Guide for Consumers, available at:
https://www.myfloridacfo.com/docs-sf/consumer-services-libraries/ (last visited Feb. 26, 2025).
3 Id.
4 S. 627.6471, F.S.
5 Part I of ch. 641, F.S.
6 S. 20.121(3)(a), F.S.
7 S. 624.418, F.S.
8 s. 624.316(1)(a), F.S.
9 S. 624.318(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The OIR is also authorized to conduct market conduct examinations to determine compliance with applicable
provisions of the Insurance Code (FIC).10
Health Maintenance Organizations
Health Maintenance Organizations (HMOs) in Florida operate within a regulatory framework overseen by OIR. To
offer health insurance plans in Florida, HMOs must obtain a license from the OIR.11 Managed care plans are the
primary offerings of HMOs in Florida. These plans provide comprehensive healthcare services to members for a
fixed monthly premium.12 Members typically select a primary care physician from within the HMO's network, who
serves as the main point of contact for all healthcare needs and referrals to specialists.13
HMOs maintain networks of healthcare providers, including primary care physicians, specialists, hospitals, and
other healthcare facilities.14 Members are generally required to receive care from within the HMO's network, with
exceptions for emergencies or authorized out-of-network care.15
Florida law provides various consumer protections for individuals enrolled in HMO plans, including guaranteed
access to emergency services, coverage for essential health benefits mandated by the Affordable Care Act, and the
right to appeal coverage decisions made by the HMO.16
Association Health Plans
An association health plan (AHP) is a group purchasing arrangement in which members of a trade group or
professional association jointly obtain health insurance for employees. These arrangements differ from traditional
group insurance by their unique structure, since they involve the purchase of insurance products across multiple
employers.
On June 21, 2018, the Employee Benefits Security Administration within the federal Department of Labor (DOL)
issued a final rule amending the parameters for AHPs,17 consistent with the directives of a 2017 Presidential
Executive Order.18 The revised regulations were intended to give an employer greater flexibility to participate in an
AHP. The new federal rule, among other things, permitted establishing an AHP for the explicit purpose of providing
health coverage, so long as the association has another legitimate purpose for members and allowed the self-
employed and sole proprietors to participate in an AHP.19 Overall, the federal rule was designed to offer an
expanded pathway for the establishment of an AHP.
In July 2018, eleven states20 and the District of Columbia sued the DOL, alleging the final rule, and particularly the
rule’s provisions on bona fide association and working owner provisions, conflicted with the text and purpose of
Employee Retirement Income Security Act (ERISA) and Patient Portability and Affordable Care Act (PPACA), and
exceeded DOL’s statutory authority.21 On March 28, 2019, the U.S. District Court for the District of Columbia agreed
with the states, finding that the DOL unreasonably expanded ERISA’s definition of “employers” as an end run
around the requirements of PPACA.22 The court struck down the portions of the DOL’s AHP rule that expanded the
ability of small businesses and owners to buy health insurance on the large group market that was not subject to
PPACA requirements that apply to the small group market.23
10 See S. 624.3161, F.S. The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S. S. 624.01, F.S.
11 S. 641.21(1), F.S.
12 Medicare, What’s an HMO? https://www.medicare.gov/health-drug-plans/health-plans/. (last visited Feb. 26, 2025).
13 Id.
14 S. 641.19(12), F.S.
15 Medicare, What’s an HMO?, https://www.medicare.gov/health-drug-plans/health-plans/. (last visited Feb. 26, 2025).
16 Consumer Services, Health Insurance & HMO Overview, https://www.myfloridacfo.com/division/consumers/understanding-
insurance/health-insurance-and-hmo-overview (last visited Feb. 26, 2025).
17 Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans, 83 FR 28912. June 21, 2018.
18 Promoting Healthcare Choice and Competition Across the United States, 82 FR 48385. October 21, 2017.
19 Milliman, Inc., “Association health plans after the final rule”, August 22, 2018, available at
http://www.milliman.com/insight/2018/Association-health-plans-after-the-final-rule/ (last viewed on Feb. 26, 2025).
20 California, Delaware, Kentucky, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Virginia, and Washington.
21 State of New York, et al. v. U.S. Department of Labor, et al., No. 1:18-cv-01747 (D.D.C. Mar. 28, 2019).
22 Id.
23 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
State Regulation of AHPs
The regulatory oversight of health insurance is generally reserved to the states, except when explicitly preempted
by federal law. In Florida, OIR is responsible for all activities concerning insurers and other risk bearing entities,
including licensing, rates, policy forms, market conduct, claims, issuing certificates of authority, solvency, viatical
settlements, premium financing, and administrative supervision, as provided under the FIC.24
All health insurance policies issued in Florida, with the exception of certain self-insured policies,25 must meet
certain requirements that are detailed throughout the FIC. Ch. 627, F.S., sets parameters and requirements for
health insurance policies and ch. 641, F.S., provides requirements for health plans issued by HMOs. At a minimum,
insurance policies must specify premium rates, services covered, and effective dates. Insurers must document the
time when a policy takes effect and the period during which the policy remains in effect.26
Florida Life and Health Insurance Guaranty Association
A guaranty association is typically a nonprofit corporation established by law to safeguard policyholders against
financial losses and delays in claim payment and settlement resulting from the insolvency of an insurance
company. In the event of an insolvency of a member, the guaranty association takes over the servicing of claims on
eligible policies. Authorized insurers in Florida are typically required to participate in the applicable guaranty
association for the relevant line of insurance as a condition of eligibility to transact insurance in the state.
Section 631.715, F.S., establishes the Florida Life and Health Insurance Guaranty Association (FLHIGA). Every
insurer licensed to sell direct life insurance policies, health insurance policies, annuity contracts, and supplemental
contracts in the state must participate in FLHIGA as a requirement for conducting business in Florida.27 FLHIGA
functions as a nonprofit corporation, governed by a Board of Directors consisting of nine to eleven members
appointed by member insurers.28
Health Coverage or Services Exempt from Florida’s Insurance Code
Florida law exempts nonprofit religious organizations,29 commonly known as health care sharing ministries
(HCSMs), from the regulatory requirements and consumer protections of the Florida Insurance Code if they meet
the following criteria:
Qualify as a tax-exempt organization under s. 501 of the Internal Revenue Code of 1986, as amended.30
Limit participation to individuals who share a common set of ethical or religious beliefs.31
Act as a facilitator among participants to assist those with financial, physical, or medical needs
according to criteria established by the organization.32
Provide for participants’ financial or medical needs through voluntary contributions from other
participants or direct payments between participants.33
Establish contribution amounts for participants without assuming risk or making a promise to pay
among participants or by the organization itself.34
Provide monthly accounting reports to participants detailing the total amount of qualified needs shared
in the previous month.35
24 s. 20.121(3)(a)(1), F.S. The OIR’s commissioner is the agency head for purposes of final agency action, and its rulemaking body is the
Financial Services Commission (the Governor and the Cabinet).
25 29 U.S.C. 18 § 1001 et seq. ERISA regulates certain self-insured plans, which represent approximately 50 percent of the insureds in Florida.
These plans cannot be regulated by state law.
26 S. 627.413(1)(d), F.S.
27 s. 631.716(1), F.S.
28 Id.
29 S. 624.1265, F.S., refers to health care sharing ministries as “nonprofit religious organizations.” A health care sharing ministry is an
organization that facilitates the sharing of health care expenses among individuals with similar and sincerely held beliefs. These
organizations resemble insurance in that members generally pay monthly membership fees and submit claims when they incur medical bills.
30 S. 624.1265(1)(a), F.S.
31 S. 624.1265(1)(b), F.S.
32 S. 624.1265(1)(c), F.S.
33 S. 624.1265(1)(d), F.S.
34 S. 624.1265(1)(e), F.S.
35 S. 624.1265(1)(f), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Conduct an annual financial audit performed by an independent certified public accountant, in
accordance with generally accepted accounting principles, and make it publicly available upon request
or by posting it on the organization’s website.36
Do not market or sell health plans through insurance agents licensed by the Department of Financial
Services under ch. 626, F.S.37
Nonprofit religious organizations must include a written disclaimer in all applications and guideline materials. The
disclaimer must state:
Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and
neither its guidelines nor its plan of operation is an insurance policy. Membership is not offered through
an insurance company, and the organization is not subject to the regulatory requirements or consumer
protections of the Florida Insurance Code. Whether anyone chooses to assist you with your medical bills
will be totally voluntary because no other participant is compelled by law to contribute toward your
medical bills. As such, participation in the organization or a subscription to any of its documents should
never be considered to be insurance. Regardless of whether you receive any payments for medical
expenses or whether this organization continues to operate, you are always personally responsible for
the payment of your own medical bills.38
Under the Insurance Code, these requirements do not prevent:
A participant from limiting the financial or medical needs eligible for payment.39
The nonprofit religious organization from canceling a participant’s membership if they fail to meet
membership conditions for more than 60 days.40
Health Care Sharing Ministries Nationwide
Approximately 30 states have explicitly exempted HCSMs from insurance regulation.41 Members of an typically
contribute a monthly payment to cover the medical expenses of other members. HCSMs either match paying
members with those in need or pool contributions and distribute payments directly.42
Some individuals choose HCSMs due to their lower upfront costs compared to PPACA-compliant plans.43 However,
HCSMs are not insurance and cannot guarantee payment of claims. While they may distribute funds to members
with medical needs, they are not legally required to do so and do not have to comply with state or federal
insurance regulations or consumer protections.44
Farm Bureau Health Plan
In a number of states, Farm Bureau Plans (FBPs) have been provided an exemption from regulation by the state’s
insurance regulatory authority to provide health coverage that is not regulated as an insurance product. The FBPs
operate as healthcare options provided by a state's Farm Bureau to its members, typically catering to individuals
and families within rural communities, including farmers and agricultural workers. To access FBPs, individuals
must join their state's Farm Bureau organization. Membership often entails paying dues to support the Farm
Bureau's advocacy and community initiatives. FBPs operate under a unique exemption from state insurance
regulations, distinguishing them from traditional health insurance offerings. This exemption allows FBPs to be
considered separately from standard health insurance products.
36 S. 624.1265(1)(g), F.S.
37 S. 624.1265(1)(h), F.S.
38 S. 624.1265(2)(b)(3), F.S.
39 S. 624.1265(2)(a), F.S.,
40 S. 624.1265(2)(b), F.S.
41 National Association of Insurance Commissioners, What you should know about health care sharing ministries, discount plans, and risk
sharing plans, (Dec. 13, 2023), https://content.naic.org/article/what-you-should-know-about-health-care-sharing-ministries-discount-
plans-and-risk-sharing-plans (last visited March. 5, 2025).
42 Id.
43 Id.
44 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Unlike typical health insurance, FBPs, which predate PPACA, utilize medical underwriting and are not subject to
state or federal insurance mandates. Consequently, they can decline applicants based on medical history or impose
waiting periods for pre-existing conditions without having to comply with essential health benefit requirements or
maximum out-of-pocket limits mandated for PPACA-compliant plans. While FBPs aren't classified as insurance,
they still provide comprehensive benefits. In every state with FBPs, they typically offer options for comprehensive
coverage at reasonable monthly costs, including free or low-cost preventative care, prescription drug coverage,
telehealth services, dental and vision care options, and health savings accounts for qualified High Deductible
Health Plans, with most plans having no annual or lifetime limits. Unlike individual market plans, participants can
enroll in FBPs at any time. 45
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 851 Anderson DiCegile The bill died in the Select
Committee on Health
Innovation.
OTHER RESOURCES:
Health Insurance and Health Maintenance Organizations Consumer Guide
Health Insurance & HMO Overview
Association Health Plans After the Final Rule
Farm Bureau Health Coverage Plans
45 The states are Tennessee, Iowa, Kansas, Indiana, and Texas. The Foundation for Government Accountability, Farm Bureau Health Coverage
Plans, https://thefga.org/wp-content/uploads/2021/01/Farm-Bureau-Plans-FAQ.pdf (last visited Feb. 26, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 16 Y, 0 N, As CS 3/5/2025 Lloyd Herrera
Subcommittee
THE CHANGES ADOPTED BY THE Replaces all existing provisions with a new framework for nonprofit
COMMITTEE: agricultural organizations to offer medical benefit plans rather than
general health coverage.
Establishes a new statute (s. 624.4032, F.S.) to regulate nonprofit
agricultural organization medical benefit plans modeled after the
Church Benefit Plan Statute.
Modifies the organization’s definition, now requiring 501(c)(3) tax-
exempt status instead of 501(c)(5).
Requires a disclaimer on applications and marketing materials,
informing consumers that the plan is not insurance, not subject to state
insurance regulations or consumer protections.
Prohibits marketing through licensed insurance agents to differentiate
these plans from regulated insurance products.
Mandates annual financial audits by an independent CPA, ensuring
transparency and public access to financial information which must be
provided on request.
Health Care Facilities & Systems 18 Y, 0 N 3/11/2025 Calamas Calamas
Subcommittee
Commerce Committee Hamon Herrera
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 497 2025
1 A bill to be entitled
2 An act relating to nonprofit agricultural organization
3 medical benefit plans; creating s. 624.4032, F.S.;
4 providing purpose; defining the term "nonprofit
5 agricultural organization"; providing authority,
6 duties, and prohibited acts of nonprofit agricultural
7 organizations offering medical benefit plans to their
8 members; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 624.4032, Florida Statutes, is created
13 to read:
14 624.4032 Nonprofit agricultural organization medical
15 benefit plans.—
16 (1) The purpose of this section is to authorize nonprofit
17 agricultural organizations to offer medical benefit plans to
18 their members.
19 (2) As used in this section, the term "nonprofit
20 agricultural organization" means an organization that meets all
21 of the following criteria:
22 (a) Is domiciled in this state.
23 (b) Is exempt from federal income tax under s. 501(c)(3)
24 of the Internal Revenue Code.
25 (c) Was created primarily to promote programs for the
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26 development of rural communities and the economic stability and
27 sustainability of farmers in this state.
28 (d) Exists to serve its members beyond only offering
29 medical benefit plans.
30 (e) Collects annual dues from its members.
31 (f) Was in existence before 1945.
32 (g) Is composed of members who, collectively, are
33 residents of the majority of counties in this state.
34 (3) A nonprofit agricultural organization:
35 (a) May offer medical benefit plans to members of the
36 nonprofit agricultural organization. Such plans are not
37 insurance for purposes of the Florida Insurance Code.
38 (b) Must provide a written disclaimer on or accompanying
39 all applications and marketing materials for a medical benefit
40 plan, regardless of whether the applications and marketing
41 materials are distributed by or on behalf of the nonprofit
42 agricultural organization. The disclaimer must read in
43 substance: "Notice: This medical benefit plan is not a health
44 insurance policy or health maintenance contract and is not
45 subject to the regulatory requirements and consumer protections
46 that apply to health insurance policies or health maintenance
47 contracts under the Florida Insurance Code. The nonprofit
48 agricultural organization offering this medical benefit plan is
49 not an authorized insurer or authorized health maintenance
50 organization in Florida, and the nonprofit agricultural
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51 organization is not subject to the regulatory requirements or
52 consumer protections of the Florida Insurance Code." The
53 disclaimer must be in contrasting color and at least 12-point
54 type.
55 (c) May not market or sell medical benefit plans through
56 agents licensed by the department.
57 (d) Must conduct an annual financial audit that is
58 performed by an independent certified public accountant in
59 accordance with generally accepted accounting principles and
60 that is made available to the public by providing a copy upon
61 request or by posting on the nonprofit agricultural
62 organization's website.
63 Section 2. This act shall take effect July 1, 2025.
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CS/HB 715
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 715 COMPANION BILL: SB 1076 (McClain)
TITLE: Roofing Services LINKED BILLS: None
SPONSOR(S): Porras RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
16 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill expands the scope of work for licensed roofing contractors. The bill narrows the time-period that a
residential property may cancel a roofing contract entered into because of a state of emergency.
Fiscal or Economic Impact:
The bill may have a positive economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for licensed roofing contractors to include evaluation and enhancement of
roof-to-wall connections for structures with wood roof decking as described in Section 706 of the Florida
Building Code – Existing Building. Any enhancement must be:
Done in conjunction with a roof covering replacement or repair; and
Installed and inspected in accordance with the:
o Office of Insurance Regulation (“OIR”) uniform mitigation verification inspection form;
o Florida Building Code; or
o project specific engineering that exceeds the requirements of the Florida Building Code or OIR
inspection form. (Section 1)
The bill limits the time period that a residential property owner may cancel a contract, which was entered into
because of an event causing a state of emergency, to replace or repair a roof without penalty or obligation. The bill
also removes the requirement that the contract must be entered into because of the event causing the state of
emergency. Currently a residential property owner may cancel such a contract without penalty or obligation within
the earlier of 10 days after entering the contract or by the official start date. (Section 9)
The bill provides that in addition to the current law requirements, a residential property owner may only cancel
the contract without penalty or obligation if they cancel within 180 days of an event causing a state of emergency.
The owner does not have to enter into the contract because of the event causing the state of emergency, but their
property must be located in the geographic area of the state of emergency. (Section 9)
The bill reduces the font size of the notice in a roofing contract that states a residential property may cancel a
roofing contract entered into because of an event causing a state of emergency without penalty or obligation within
a certain time-period. The bill reduces the font size from 18 points to 14 points. (Section 9)
The bill provides an effective date of upon becoming law. (Section 10)
STORAGE NAME: h0715b.COM
DATE: 3/28/2025
1
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive economic impact on the private sector by increasing the number of licensed
contractors who can evaluate and enhance certain roof-to-wall connections, which may lead to a reduction of costs
for such services.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Roofing Contractors
Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S.1
A roofing contractor’s scope of work specifically includes services that are unlimited in the roofing trade and who
has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, and use materials and
items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and
coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the
roof.
A roofing contractor’s scope of work also includes skylights, required roof-deck attachments, repair or
replacement of wood roof sheathing or fascia as needed during roof repair or replacement, and any related work.
A roofing contractor’s scope of work does not include evaluating or enhancing roof-to-wall connections.
Florida Building Code
The Florida Building Codes Act (“Building Code”), provides a mechanism for the uniform adoption, updating,
interpretation, and enforcement of a single state building code that must be applied, administered, and enforced
uniformly and consistently across the state. The Building Code is adopted by the Building Commission and
enforced by local governments.2
The Building Code sets minimum standards for the design, construction, erection, alteration, modification, repair,
and demolition of structures in the state. Section 706 of the Building Code (Existing Building) provides methods for
recovering or replacing an existing roof covering.3
A roof covering is the most visual part of the roofing system and makes up the majority of waterproofing and
protection. The most popular roof covering is shingles; however, there are other types including, but not limited to,
metal roofing and wood shakes.4
Roof decking or “sheathing” is the layer of material that sits underneath the shingles and serves as the foundation
of the roof. Roof decking can be made of different types of materials such as wood or metal. 5
Uniform Mitigation Verification Inspection Form
1 S. 489.105(3), F.S.
2 Ss. 125.56, 553.72, 553.73, and 553.74, F.S.
3 S. 553.72, F.S.; Section 706 of the Florida Building Code (Existing Building).
4 RoofCorp of Metro Denver, Inc., What is Roof Covering, https://roofingexperts.com/roof-covering/ (last visited March 8,
2025).
5 Hook Agency, Roof Decking (When It Should Be Replaced, Types & More), Indy Roof & Restoration
https://indyroofandrestoration.com/roof-decking/ (last visited March 8, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A uniform mitigation form is a form developed by OIR that insurers provide to residential property insurance
policyholders that notifies them of any discounts, credits, or deductibles that are available for certain fixtures or
construction techniques that reduce the amount of loss in a windstorm.6
Roof-to-wall connections
The roof-to-wall connection is the structural linkage between a building’s roof and its walls. They are a critical
aspect of wind mitigation and sometimes referred to as “hurricane straps.”7 Below are examples of different types
of hurricane straps.8
SI GLE WRAP SIMPSON Strong-Tie•
SOWC Truss/Rafter-to-Top Plate
Installation • Cross Secoon
CLIP DOUBLE WRAP
Canceling Roofing Contracts
Current law allows a residential property owner to cancel a contract to replace or repair a roof without penalty or
obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, as
6 S. 627.711, F.S.
7 Megan Hall, Roof-to-wall Connectors: What are they and how they affect your Wind Mitigation Verification Form, True Home
Inspections, April 11, 2023
https://www.truehomeinspects.com/blog/2023/3/15/kmwu3p5vzbf1eym9ezrd42farrb7r8#:~:text=They%20are%20desig
ned%20to%20transfer%20the%20uplift%20forces,roof%20pitch%20and%20the%20spacing%20of%20the%20trusses.
(last visited March 8, 2025); Howard Meeks, Types of Roof Wall connections, Ocoee Home Inspections,
https://ocoeehomeinspections.com/types-of-roof-to-wall-connections/ (last visited March 8, 2024).
8 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
long as the contract was entered into because of events that caused a declaration of a state of emergency by the
Governor.9
A contractor that enters into a contract to replace or repair the roof of a residential property during a declared
state of emergency must include specific language in the contract that notifies the residential property owner that
they may cancel the contract without penalty or obligation10
The language must be in bold type of not less than 18 points.11
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 0 N, As CS 3/12/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE Clarified that “wood decking as described in section 706 of the Florida
COMMITTEE: Building Code” is referring to section 706 of the Existing Building provision
of the Building Code.
Extended the period that a resident may cancel a roofing contract without
penalty to within 180 days of an event causing a state of emergency instead
of 30 days.
Clarified that the option to cancel a roofing contract entered into because of
a state of emergency only applies to owner’s whose property is in the
geographic area covered by the state of the emergency.
Commerce Committee Hamon Brackett
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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9 S. 489.147(6), F.S. The “official start date” is the date on which work that includes the installation of materials that will be
included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or
roof has been made in compliance with the Florida Building Code.
10 Id.
11 Id.
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 715 2025
1 A bill to be entitled
2 An act relating to roofing services; amending s.
3 489.105, F.S.; revising the definition of the term
4 "roofing contractor"; reenacting ss. 489.107(4)(b),
5 489.113(2), 489.117(1)(a), (2)(a) and (b), and (4)(a),
6 489.118(1), 489.126(1), 489.131(10) and (11), and
7 877.02(2), F.S.; relating to the Construction Industry
8 Licensing Board, qualifications for practice and
9 restrictions, registration and specialty contractors,
10 certification of registered contractors and
11 grandfathering provisions, moneys received by
12 contractors, applicability, and solicitation of legal
13 services or retainers therefor and penalty,
14 respectively, to incorporate the amendment made to s.
15 489.105, F.S., in references thereto; amending s.
16 489.147, F.S.; providing applicability; revising the
17 official start date that a residential property owner
18 may cancel a contract to replace or repair a roof
19 without penalty or obligation; revising the language
20 required to be in a contract, or attached thereto, to
21 replace or repair a roof that is executed within a
22 specified time of a declaration of a state of
23 emergency; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Paragraph (e) of subsection (3) of section
28 489.105, Florida Statutes, is amended to read:
29 489.105 Definitions.—As used in this part:
30 (3) "Contractor" means the person who is qualified for,
31 and is only responsible for, the project contracted for and
32 means, except as exempted in this part, the person who, for
33 compensation, undertakes to, submits a bid to, or does himself
34 or herself or by others construct, repair, alter, remodel, add
35 to, demolish, subtract from, or improve any building or
36 structure, including related improvements to real estate, for
37 others or for resale to others; and whose job scope is
38 substantially similar to the job scope described in one of the
39 paragraphs of this subsection. For the purposes of regulation
40 under this part, the term "demolish" applies only to demolition
41 of steel tanks more than 50 feet in height; towers more than 50
42 feet in height; other structures more than 50 feet in height;
43 and all buildings or residences. Contractors are subdivided into
44 two divisions, Division I, consisting of those contractors
45 defined in paragraphs (a)-(c), and Division II, consisting of
46 those contractors defined in paragraphs (d)-(q):
47 (e) "Roofing contractor" means a contractor whose services
48 are unlimited in the roofing trade and who has the experience,
49 knowledge, and skill to install, maintain, repair, alter,
50 extend, or design, if not prohibited by law, and use materials
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51 and items used in the installation, maintenance, extension, and
52 alteration of all kinds of roofing, waterproofing, and coating,
53 except when coating is not represented to protect, repair,
54 waterproof, stop leaks, or extend the life of the roof. The
55 scope of work of a roofing contractor also includes all of the
56 following and any related work: skylights; and any related work,
57 required roof-deck attachments;, and any repair or replacement
58 of wood roof sheathing or fascia as needed during roof repair or
59 replacement; and the evaluation and enhancement of roof-to-wall
60 connections for structures with wood roof decking as described
61 in Section 706 of the Florida Building Code-Existing Building,
62 provided that any enhancement, which was properly installed and
63 inspected in accordance with the Office of Insurance Regulation
64 uniform mitigation verification inspection form, the Florida
65 Building Code, or project specific engineering that exceeds
66 these requirements, is done in conjunction with a roof covering
67 replacement or repair and any related work.
68 Section 2. For the purpose of incorporating the amendment
69 made by this act to section 489.105, Florida Statutes, in a
70 reference thereto, paragraph (b) of subsection (4) of section
71 489.107, Florida Statutes, is reenacted to read:
72 489.107 Construction Industry Licensing Board.—
73 (4) The board shall be divided into two divisions,
74 Division I and Division II.
75 (b) Division II is comprised of the roofing contractor,
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76 sheet metal contractor, air-conditioning contractor, mechanical
77 contractor, pool contractor, plumbing contractor, and
78 underground utility and excavation contractor members of the
79 board; one of the members appointed pursuant to paragraph
80 (2)(j); and one of the members appointed pursuant to paragraph
81 (2)(k). Division II has jurisdiction over the regulation of
82 contractors defined in s. 489.105(3)(d)-(p).
83 Section 3. For the purpose of incorporating the amendment
84 made by this act to section 489.105, Florida Statutes, in a
85 reference thereto, subsection (2) of section 489.113, Florida
86 Statutes, is reenacted to read:
87 489.113 Qualifications for practice; restrictions.—
88 (2) A person must be certified or registered in order to
89 engage in the business of contracting in this state. However,
90 for purposes of complying with the provisions of this chapter, a
91 subcontractor who is not certified or registered may perform
92 construction work under the supervision of a person who is
93 certified or registered, provided that the work is within the
94 scope of the supervising contractor's license, the supervising
95 contractor is responsible for the work, and the subcontractor
96 being supervised is not engaged in construction work that would
97 require a license as a contractor under any of the categories
98 listed in s. 489.105(3)(d)-(o). This subsection does not affect
99 the application of any local construction licensing ordinances.
100 To enforce this subsection:
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101 (a) The department shall issue a cease and desist order to
102 prohibit any person from engaging in the business of contracting
103 who does not hold the required certification or registration for
104 the work being performed under this part. For the purpose of
105 enforcing a cease and desist order, the department may file a
106 proceeding in the name of the state seeking issuance of an
107 injunction or a writ of mandamus against any person who violates
108 any provision of such order.
109 (b) A county, municipality, or local licensing board
110 created by special act may issue a cease and desist order to
111 prohibit any person from engaging in the business of contracting
112 who does not hold the required certification or registration for
113 the work being performed under this part.
114 Section 4. For the purpose of incorporating the amendment
115 made by this act to section 489.105, Florida Statutes, in
116 references thereto, paragraph (a) of subsection (1), paragraphs
117 (a) and (b) of subsection (2), and paragraph (a) of subsection
118 (4) of section 489.117, Florida Statutes, are reenacted to read:
119 489.117 Registration; specialty contractors.—
120 (1)(a) A person engaged in the business of a contractor as
121 defined in s. 489.105(3)(a)-(o) must be registered before
122 engaging in business as a contractor in this state, unless he or
123 she is certified. Except as provided in paragraph (2)(b), to be
124 initially registered, the applicant must submit the required fee
125 and file evidence of successful compliance with the local
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126 examination and licensing requirements, if any, in the area for
127 which registration is desired. An examination is not required
128 for registration.
129 (2)(a) Except as provided in paragraph (b), the board may
130 not issue a new registration after July 1, 1993, based on any
131 certificate of competency or license for a category of
132 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
133 municipal or county government that does not exercise
134 disciplinary control and oversight over such locally licensed
135 contractors, including forwarding a recommended order in each
136 action to the board as provided in s. 489.131(7). For purposes
137 of this subsection and s. 489.131(10), the board shall determine
138 the adequacy of such disciplinary control by reviewing the local
139 government's ability to process and investigate complaints and
140 to take disciplinary action against locally licensed
141 contractors.
142 (b) The board shall issue a registration to an eligible
143 applicant to engage in the business of a contractor in a
144 specified local jurisdiction, provided each of the following
145 conditions are satisfied:
146 1. The applicant held, in any local jurisdiction in this
147 state during 2021, 2022, or 2023, a certificate of registration
148 issued by the state or a local license issued by a local
149 jurisdiction to perform work in a category of contractor defined
150 in s. 489.105(3)(a)-(o).
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151 2. The applicant submits all of the following to the
152 board:
153 a. Evidence of the certificate of registration or local
154 license held by the applicant as required by subparagraph 1.
155 b. Evidence that the specified local jurisdiction does not
156 have a license type available for the category of work for which
157 the applicant was issued a certificate of registration or local
158 license during 2021, 2022, or 2023, such as a notification on
159 the website of the local jurisdiction or an e-mail or letter
160 from the office of the local building official or local building
161 department stating that such license type is not available in
162 that local jurisdiction.
163 c. Evidence that the applicant has submitted the required
164 fee.
165 d. Evidence of compliance with the insurance and financial
166 responsibility requirements of s. 489.115(5).
167
168 An examination is not required for an applicant seeking a
169 registration under this paragraph.
170 (4)(a)1. A person whose job scope does not substantially
171 correspond to either the job scope of one of the contractor
172 categories defined in s. 489.105(3)(a)-(o), or the job scope of
173 one of the certified specialty contractor categories established
174 by board rule, is not required to register with the board. A
175 local government, as defined in s. 163.211, may not require a
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176 person to obtain a license, issued by the local government or
177 the state, for a job scope which does not substantially
178 correspond to the job scope of one of the contractor categories
179 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
180 489.1455(1), or the job scope of one of the certified specialty
181 contractor categories established pursuant to s. 489.113(6). A
182 local government may not require a state or local license to
183 obtain a permit for such job scopes. For purposes of this
184 section, job scopes for which a local government may not require
185 a license include, but are not limited to, painting; flooring;
186 cabinetry; interior remodeling when the scope of the project
187 does not include a task for which a state license is required;
188 driveway or tennis court installation; handyman services;
189 decorative stone, tile, marble, granite, or terrazzo
190 installation; plastering; pressure washing; stuccoing; caulking;
191 and canvas awning and ornamental iron installation.
192 2. A county that includes an area designated as an area of
193 critical state concern under s. 380.05 may offer a license for
194 any job scope which requires a contractor license under this
195 part if the county imposed such a licensing requirement before
196 January 1, 2021.
197 3. A local government may continue to offer a license for
198 veneer, including aluminum or vinyl gutters, siding, soffit, or
199 fascia; rooftop painting, coating, and cleaning above three
200 stories in height; or fence installation and erection if the
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201 local government imposed such a licensing requirement before
202 January 1, 2021.
203 4. A local government may not require a license as a
204 prerequisite to submit a bid for public works projects if the
205 work to be performed does not require a license under general
206 law.
207 Section 5. For the purpose of incorporating the amendment
208 made by this act to section 489.105, Florida Statutes, in a
209 reference thereto, subsection (1) of section 489.118, Florida
210 Statutes, is reenacted to read:
211 489.118 Certification of registered contractors;
212 grandfathering provisions.—The board shall, upon receipt of a
213 completed application and appropriate fee, issue a certificate
214 in the appropriate category to any contractor registered under
215 this part who makes application to the board and can show that
216 he or she meets each of the following requirements:
217 (1) Currently holds a valid registered local license in
218 one of the contractor categories defined in s. 489.105(3)(a)-
219 (p).
220 Section 6. For the purpose of incorporating the amendment
221 made by this act to section 489.105, Florida Statutes, in a
222 reference thereto, subsection (1) of section 489.126, Florida
223 Statutes, is reenacted to read:
224 489.126 Moneys received by contractors.—
225 (1) For purposes of this section, the term "contractor"
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226 includes all definitions as set forth in s. 489.105(3), and any
227 person performing or contracting or promising to perform work
228 described therein, without regard to the licensure of the
229 person.
230 Section 7. For the purpose of incorporating the amendment
231 made by this act to section 489.105, Florida Statutes, in
232 references thereto, subsections (10) and (11) of section
233 489.131, Florida Statutes, are reenacted to read:
234 489.131 Applicability.—
235 (10) No municipal or county government may issue any
236 certificate of competency or license for any contractor defined
237 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
238 government exercises disciplinary control and oversight over
239 such locally licensed contractors, including forwarding a
240 recommended order in each action to the board as provided in
241 subsection (7). Each local board that licenses and disciplines
242 contractors must have at least two consumer representatives on
243 that board. If the board has seven or more members, at least
244 three of those members must be consumer representatives. The
245 consumer representative may be any resident of the local
246 jurisdiction who is not, and has never been, a member or
247 practitioner of a profession regulated by the board or a member
248 of any closely related profession.
249 (11) Any municipal or county government which enters or
250 has in place a reciprocal agreement which accepts a certificate
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251 of competency or license issued by another municipal or county
252 government in lieu of its own certificate of competency or
253 license allowing contractors defined in s. 489.105(3)(a)-(o),
254 shall file a certified copy of such agreement with the board not
255 later than 60 days after July 1, 1993, or 30 days after the
256 effective date of such agreement.
257 Section 8. For the purpose of incorporating the amendment
258 made by this act to section 489.105, Florida Statutes, in a
259 reference thereto, subsection (2) of section 877.02, Florida
260 Statutes, is reenacted to read:
261 877.02 Solicitation of legal services or retainers
262 therefor; penalty.—
263 (2) It shall be unlawful for any person in the employ of
264 or in any capacity attached to any hospital, sanitarium, police
265 department, wrecker service or garage, prison or court, for a
266 person authorized to furnish bail bonds, investigators,
267 photographers, insurance or public adjusters, or for a general
268 or other contractor as defined in s. 489.105 or other business
269 providing sinkhole remediation services, to communicate directly
270 or indirectly with any attorney or person acting on said
271 attorney's behalf for the purpose of aiding, assisting, or
272 abetting such attorney in the solicitation of legal business or
273 the procurement through solicitation of a retainer, written or
274 oral, or any agreement authorizing the attorney to perform or
275 render legal services.
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CS/HB 715 2025
276 Section 9. Paragraphs (a) and (b) of subsection (6) of
277 section 489.147, Florida Statutes, are amended to read:
278 489.147 Prohibited property insurance practices; contract
279 requirements.—
280 (6)(a) A residential property owner may cancel a contract
281 to replace or repair a roof without penalty or obligation within
282 10 days after the execution of the contract or by the official
283 start date, whichever comes first, if the contract was entered
284 into within 180 days of based on events that are the subject of
285 a declaration of a state of emergency by the Governor and the
286 residential property is located within the geographic area for
287 which the declaration of the state of emergency applies. For the
288 purposes of this subsection, the official start date is the date
289 on which work that includes the installation of materials that
290 will be included in the final work on the roof commences, a
291 final permit has been issued, or a temporary repair to the roof
292 covering or roof has been made in compliance with the Florida
293 Building Code.
294 (b) A contractor executing a contract during a declaration
295 of a state of emergency to replace or repair a roof of a
296 residential property must include or add as an attachment to the
297 contract the following language, in bold type of not less than
298 14 points 18 points, immediately before the space reserved for
299 the signature of the residential property owner:
300
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301 "You, the residential property owner, may cancel this contract
302 without penalty or obligation within 10 days after the execution
303 of the contract or by the official start date, whichever comes
304 first, because this contract was entered into within 180 days of
305 events resulting in the declaration of during a state of
306 emergency by the Governor. The official start date is the date
307 on which work that includes the installation of materials that
308 will be included in the final work on the roof commences, a
309 final permit has been issued, or a temporary repair to the roof
310 covering or roof system has been made in compliance with the
311 Florida Building Code."
312 Section 10. This act shall take effect upon becoming a
313 law.
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hb715-01-c1
COMMERCE COMMITTEE
CS/HB 715 by Rep. Porras
Roofing Services
AMENDMENT SUMMARY
March 31, 2025
Amendment 1 by Rep. Porras (between lines 311 and 312):
• Requires contractors to provide notice in contracts for the replacement or repair a
residential roofs that property owners should contact their insurance provider to confirm
coverage and reimbursement of the proposed work before signing the contract.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 715 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Porras offered the following:
3
4 Amendment (with directory and title amendments)
5 Between lines 311 and 312, insert:
6 (7) A contractor executing a contract to replace or repair
7 a roof of a residential property must include in the contract,
8 or add as an attachment to the contract, the following language
9 in bold type of not less than 14 points on the page reserved for
10 the signature of the residential property owner:
11
12 "If the proposed work is related to an insurance
13 claim, you, the residential property owner, should
14 contact your insurance company to verify coverage for
15 the proposed roofing work, including any claims,
16 deductibles, and policy terms, before signing this
086827 - h0715-lines 311-312.docx
Published On: 3/28/2025 6:14:14 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 715 (2025)
Amendment No. 1
17 contract. By signing this contract, you acknowledge
18 that you have been advised to contact your insurance
19 provider regarding coverage and reimbursement of the
20 proposed work."
21
22 -----------------------------------------------------
23 D I R E C T O R Y A M E N D M E N T
24 Remove line 277 and insert:
25 section 489.147, Florida Statutes, are amended, and subsection
26 (7) is added to that section, to read:
27
28 -----------------------------------------------------
29 T I T L E A M E N D M E N T
30 Remove line 23 and insert:
31 emergency; requiring a contractor executing a contract
32 to replace or repair a roof of a residential property
33 to include in the contract, or attach thereto,
34 specified language; providing an effective date.
086827 - h0715-lines 311-312.docx
Published On: 3/28/2025 6:14:14 PM
Page 2 of 2
CS/HB 729
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 729 COMPANION BILL: CS/SB 652 (Bradley)
TITLE: Veterinary Professional Associates LINKED BILLS: None
SPONSOR(S): Melo RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
15 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill creates a new category of veterinary professional known as a “veterinary professional associate.” The bill
defines the qualifications necessary for individuals to use this title. The bill requires the completion of certain
veterinary clinical skills training and rotations. The bill allows such individuals to perform certain duties while
under the supervision of a veterinarian and practice veterinary medicine on a limited basis. The bill makes
supervising veterinarians liable for veterinary professional associates acting under their supervision.
The effective date of the bill is July 1, 2025.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a new category of veterinary professional called a “veterinary professional associate,” and allows
such individuals to work under the supervision of a licensed veterinarian and practice veterinary medicine on a
limited basis, as follows:
Names the act, the "Veterinary Workforce Innovation Act." (Section 1)
Provides the following legislative findings: (Section 2)
o “The practice of educated, trained, and experienced veterinary professional associates will increase
consumers' access to high-quality veterinary medical services, at a reasonable cost to consumers,
while also increasing the efficiency of the practice of veterinary medicine in this state.”
Defines the following terms: (Section 2)
o "Approved program" means a master's program in veterinary clinical care, or the equivalent, from a
school of veterinary medicine in the United States or in its territories or possessions.
o "Veterinary professional associate" means a person who has earned a master's degree from an
approved program and is authorized to perform veterinary medical services delegated by a
supervising veterinarian.
Allows the title "veterinary professional associate" to be used only by an individual who has successfully
completed an approved program and passed a national competency examination. (Section 2)
Allows, unless otherwise prohibited by federal or state law, a veterinary professional associate to perform
duties or actions of veterinary medicine, in which he or she possesses the competence, necessary training,
current knowledge, and experience to perform the assigned duties. (Section 2)
Allows a veterinary professional associate to perform only the duties assigned to him or her while under
the responsible supervision of a licensed veterinarian, except when immediate supervision is required.
(Section 2)
STORAGE NAME: h0729b.COM
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1
Requires all candidates for the veterinary professional associate designation to complete a minimum of the
following:
o 100 hours of in-person clinical skills training, focusing on fundamental hands-on procedures,
patient handling, diagnostic techniques, and treatment protocols under direct supervision.
Additionally; and
o 200 hours of clinical rotations in approved veterinary settings, which must provide practical
experience in real-world veterinary care environments, allowing candidates to develop proficiency
in case management, client communication, and interdisciplinary collaboration.
o Compliance with these requirements must be verified through documented assessments conducted
by licensed veterinary professionals. (Section 2)
Prohibits veterinary professional associates from: (Section 2)
o Unless otherwise authorized by state or federal law, prescribing medicinal drugs, prescription
drugs, or controlled substances.
o Performing surgery that enters the body cavity, except for veterinary sterilizations which must be
performed under the immediate supervision of a licensed veterinarian.
Makes licensed veterinarians who assign duties or actions to a veterinary professional associate liable for
any act or omission of the veterinary professional associate acting under the licensed veterinarian's
supervision. (Section 2)
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have in indeterminate positive economic impact on the private sector. The bill will
allow a new class of midlevel practitioners in veterinary medicine. This may lead to additional jobs, and cost
savings related to improved veterinary care.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Practice of Veterinary Medicine
The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation (DBPR)
implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice act). The purpose of the
practice act is to ensure that every veterinarian practicing in this state meets minimum requirements for safe
practices to protect public health and safety.1
A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of veterinary medicine
in Florida2 and they are subject to disciplinary action from the Board for various violations of the practice act.3
The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound, fracture, bodily
injury, or disease, or holding oneself out as performing any of these functions.4
Veterinary medicine includes, with respect to animals:5
Surgery;
1 S. 474.201, F.S.
2 S. 474.202(11), F.S.
3 Ss. 474.213 & 474.214, F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the
performance of any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. Section 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine); and
Other branches or specialties of veterinary medicine.
The practice act does not apply to the following categories of persons:
Veterinary aides, nurses, laboratory technicians, preceptors,6 or other employees of a licensed veterinarian,
who administer medication or provide help or support under the responsible supervision7 of a licensed
veterinarian;
Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the animals of a
single owner.
Faculty veterinarians when they have assigned teaching duties at accredited8 institutions;
Certain graduated intern/resident veterinarians of accredited institutions;
Certain students in a school or college of veterinary medicine who perform assigned duties by an instructor
or work as preceptors;
Certain doctors of veterinary medicine employed by a state agency or the United States Government;
Persons or their employees caring for the persons’ own animals, as well as certain part-time or temporary
employees, or independent contractors, who are hired by an owner to help with herd management and
animal husbandry tasks; and
Certain entities or persons9 that conduct experiments and scientific research on animals as part of the
development of pharmaceuticals, biologicals, serums, or methods of treatment or techniques to diagnose or
treat human ailments, or in the study and development of methods and techniques applicable to the
practice of veterinary medicine.10
Any permanent or mobile establishment where a licensed veterinarian practices must have a premises permit
issued by DBPR.11 Each person to whom a veterinary license or premises permit is issued must conspicuously
display such document in her or his office, place of business, or place of employment in a permanent or mobile
veterinary establishment or clinic.12
By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
Render a handwriting sample to an agent of the department and, further, to have waived any objections to
its use as evidence against her or him.
Waive the confidentiality and authorize the preparation and release of medical reports pertaining to the
mental or physical condition of the licensee when the department has reason to believe that a violation of
this chapter has occurred and when the department issues an order, based on the need for additional
information, to produce such medical reports for the time period relevant to the complaint.13
6 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical
setting to allow practical experience with patients. See also https://www.merriam-
webster.com/dictionary/preceptor#medicalDictionary (last visited March 9, 2025).
7 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed
doctor of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
8 Ss. 474.203(1)-(2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
9 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions,
foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches,
graduate doctors of veterinary medicine, or persons under the direct supervision thereof ....”
10 See s. 474.203, F.S.
11 S. 474.215(1), F.S.
12 S. 474.216, F.S.
13 S. 474.2185, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
According to the most recent figures, there are approximately 13,600 licensed veterinarians in Florida.14
Immediate Supervision
The practice act defines “immediate supervision” to mean that a “licensed doctor of veterinary medicine is on the
premises whenever veterinary services are being provided.”15
Veterinary tasks requiring immediate supervision, include:16
Administering anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician, intern, or
other employee of a licensed veterinarian.
Administering certain vaccinations by a veterinary aide, nurse, technician, intern or other employee of a
licensed veterinarian which is not specifically prohibited.
Veterinary tasks that may be performed without the licensed veterinarian on the premises, include:17
Administering medication and treatment, excluding vaccinations, as directed by the licensed veterinarian;
and
Obtaining samples and the performance of those diagnostic tests, including radiographs, directed by the
licensed veterinarian.
Responsible Supervision
Responsible supervision means “the control, direction, and regulation by a licensed doctor of veterinary medicine
of the duties involving veterinary services which she or he delegates to unlicensed personnel.”18
Veterinarian Shortage
The University of Florida’s Dean of the College of Veterinary Medicine, Dana Zimmel, has indicated that there is a
shortage of veterinarians in Florida. The state’s only veterinary medical college, the University of Florida, also
reports that due to limited capacity, it must turn away 1,500 qualified candidates a year.19
According to the American Veterinary Medical Association (AVMA), a midlevel practitioner may not be the best
option to address this shortage, but instead recommend that more effort “should be spent on resources, tools, and
programs designed to retain veterinarians and credentialed veterinary technicians.”20
A study conducted by the National Library of Medicine found a veterinary professional health care provider,
similar to the human medical profession's physician assistant, could help address the veterinary shortage, and that
such individuals, modeled after physician assistants, could be employed to handle routine veterinary care and
thereby allow veterinarians additional time to focus on the more demanding and challenging aspects of veterinary
medicine.21
A recent study conducted by Michigan State University’s Department of Agricultural, Food, and Resource
Economics found that the “veterinary medical profession is facing a capacity crisis, struggling to meet the growing
demand for services. Introducing a new mid-level provider role, the Veterinary Professional Associate (VPA), could
14 Department of Business and Professional Regulation, Veterinary Medicine – Board Information,
https://www2.myfloridalicense.com/veterinary-medicine/board-
information/#:~:text=The%20Board%20of%20Veterinary%20Medicine,Chapter%2061G18%2C%20Florida%20Administrat
ive%20Code. (last visited March 9, 2025).
15 S. 474.202(5), F.S.
16 R. 61G18-17.005, F.A.C.
17 Id.
18 S. 474.202(10), F.S.
19 Dana Zimmel, Florida needs more veterinarians | Column, Tampa Bay Times (March 9, 2025),
https://www.tampabay.com/opinion/2022/01/03/florida-needs-more-veterinarians-column/ (last visited March 9, 2025).
20 American Veterinary Medical Association, AVMA News, Idea of midlevel practitioner rejected in favor of better support,
engagement of credentialed veterinary technicians (Jan. 10, 2023), https://www.avma.org/news/idea-midlevel-practitioner-
rejected-favor-better-support-engagement-credentialed-veterinary (last visited March 9, 2025).
21 Lori Kogan, Sherry Stewart, Veterinary professional associates: does the profession's foresight include a mid-tier professional
similar to physician assistants?, National Library of Medicine (2009), https://pubmed.ncbi.nlm.nih.gov/19625672/ (last visited
March 9, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
bridge the gap between veterinarians and technicians, potentially helping to alleviate this issue.” The study also
found that “with this as a foundation, structured educational and credentialing programs can be developed around
the broad base of competencies and knowledge necessary for consistent, predictable success as a VPA. Further, the
study found that “regulatory environments and potential restraints notwithstanding, perhaps one of the biggest
hurdles to the successful implementation of a midlevel provider in veterinary medicine will be the inherent
hesitation or reluctance of veterinarians to delegate clinical responsibilities.”22
Human Physician Assistants
According to the Mayo Clinic, physician assistants are “licensed medical professionals who hold an advanced
degree and are able to provide direct patient care. They work with patients of all ages in virtually all specialty and
primary care areas, diagnosing and treating common illnesses and working with minor procedures. With an
increasing shortage of health care providers, physician assistants are a critical part of today’s team-based approach
to health care. They increase access to quality health care for many populations and communities. The specific
duties of a physician assistant are determined by their supervising physician and state law, but they provide many
of the same services as a primary care physician. They practice in every state and in a wide variety of clinical
settings and specialties.”23
In Florida, physician assistants are licensed medical professionals that are authorized to perform services
delegated by a supervising physician.24 PAs are regulated by the Florida Council on Physician Assistants (Council)
in conjunction with either the Board of Medicine for PAs licensed under ch. 458, F.S., or the Board of Osteopathic
Medicine for PAs licensed under ch. 459, F.S. During fiscal year 2023-2024, there were 11,890 actively licensed PAs
in the state, and 1,339 initial PA licenses were issued by the Florida Department of Health.25
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 849 Killebrew, Buchanan Bradley Became law on July 1, 2024.
OTHER RESOURCES:
Department of Business and Professional Regulation: Veterinary Medicine Board Information
The USDA Veterinary Medicine Loan Repayment Program Veterinary Services Shortage Situations Map
22 James W. Lloyd, Donna L. Harris, David M. Smith, The Veterinary Professional Associate Financial Model: General Practice,
(July 2024), https://ideas.repec.org/p/ags/midasp/347403.html (last visited March 9, 2025).
23 Mayo Clinic College of Medicine and Science, Physician Assistant, https://college.mayo.edu/academics/explore-health-care-
careers/careers-a-z/physician-assistant/ (last visited March 9, 2025).
24 Ss. 458.347(2)(e) and 459.022(2)(e).
25 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2023-
2024, https://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/2024.10.28.FY23-24AR-FINAL.pdf
(last visited March 9, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
BILL HISTORY
STAFF
ANALYSISDIRECTOR/
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF
PREPARED BY
Industries & Professional Activities 15 Y, 0 N, As CS 3/12/2025 Thompson Anstead
Subcommittee
THE CHANGES ADOPTED BY THE The amendment specified education requirements, and clarified surgical
COMMITTEE: procedure requirements.
Commerce Committee Hamon Thompson
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 729 2025
1 A bill to be entitled
2 An act relating to veterinary professional associates;
3 providing a short title; creating s. 474.2126, F.S.;
4 providing legislative findings; defining terms;
5 authorizing certain individuals to use the title
6 "veterinary professional associate"; authorizing
7 veterinary professional associates to perform certain
8 duties only while under the responsible supervision of
9 a licensed veterinarian; specifying certain education
10 requirements; prohibiting such associates from
11 prescribing certain drugs or controlled substances or
12 performing certain surgical procedures; providing
13 exceptions; providing that supervising veterinarians
14 are liable for the acts or omissions of veterinary
15 professional associates under their supervision;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. This act may be cited as the "Veterinary
21 Workforce Innovation Act."
22 Section 2. Section 474.2126, Florida Statutes, is created
23 to read:
24 474.2126 Veterinary professional associate.—
25 (1) The Legislature finds that the practice of educated,
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26 trained, and experienced veterinary professional associates will
27 increase consumers' access to high-quality veterinary medical
28 services, at a reasonable cost to consumers, while also
29 increasing the efficiency of the practice of veterinary medicine
30 in this state.
31 (2) As used in this section, the term:
32 (a) "Approved program" means a master's program in
33 veterinary clinical care, or the equivalent, from a school of
34 veterinary medicine in the United States or in its territories
35 or possessions.
36 (b) "Veterinary professional associate" means a person who
37 has earned a master's degree from an approved program and is
38 authorized to perform veterinary medical services delegated by a
39 supervising veterinarian.
40 (3) The title "veterinary professional associate" may be
41 used only by an individual who has successfully completed an
42 approved program and passed a national competency examination.
43 (4) Unless otherwise prohibited by federal or state law, a
44 veterinary professional associate may perform duties or actions,
45 including duties or actions in s. 474.202(9) and (13), in which
46 he or she possesses the competence, necessary training, current
47 knowledge, and experience to perform the assigned duties. The
48 veterinary professional associate may perform only the duties
49 assigned to him or her while under the responsible supervision,
50 as defined in s. 474.202, of a licensed veterinarian, except
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CS/HB 729 2025
51 when immediate supervision is required as provided in paragraph
52 (6)(b).
53 (5) To ensure competency in clinical practice, all
54 candidates for the veterinary professional associate designation
55 must complete a minimum of 100 hours of in-person clinical
56 skills training, focusing on fundamental hands-on procedures,
57 patient handling, diagnostic techniques, and treatment protocols
58 under direct supervision. Additionally, candidates must complete
59 a minimum of 200 hours of clinical rotations in approved
60 veterinary settings. The rotations must provide practical
61 experience in real-world veterinary care environments, allowing
62 candidates to develop proficiency in case management, client
63 communication, and interdisciplinary collaboration. Compliance
64 with the requirements of this subsection shall be verified
65 through documented assessments conducted by licensed veterinary
66 professionals.
67 (6) A veterinary professional associate may not:
68 (a) Unless otherwise authorized by state or federal law,
69 prescribe medicinal drugs or drugs, as defined in s. 465.003, or
70 a controlled substance listed in chapter 893; or
71 (b) Perform surgical procedures that enter a body cavity,
72 except for veterinary sterilizations. Such surgical procedures
73 must be performed under immediate supervision, as defined in s.
74 474.202, of a licensed veterinarian.
75 (7) A licensed veterinarian who assigns duties or actions
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CS/HB 729 2025
76 to a veterinary professional associate is liable for any act or
77 omission of the veterinary professional associate acting under
78 the licensed veterinarian's supervision.
79 Section 3. This act shall take effect July 1, 2025.
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hb729-01-c1
CS/HB 1157
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 1157 COMPANION BILL: SB 1238 (Rodriguez)
TITLE: Verification of Reemployment Assistance Benefit LINKED BILLS: None
Eligibility RELATED BILLS: None
SPONSOR(S): Abbott
Committee References
Housing, Agriculture & Tourism Commerce
13 Y, 4 N, As CS
SUMMARY
Effect of the Bill:
The bill adds conditions for disqualification from reemployment assistance and requires the Department of
Commerce to implement new provisions to verify a claimant’s eligibility.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on the Department of Commerce.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Reemployment Assistance Benefits
The bill adds the following conditions for disqualification from reemployment assistance:
Failing to contact five prospective employers per week;
Failing to appear on three or more occasions for a scheduled job interview; or
Failing to return to work when recalled to work by their former employer after a temporary layoff. (Section
2).
The bill requires the Department of Commerce (Department) to verify a claimant’s eligibility for reemployment
assistance benefits through the following measures:
Verify the identity of each claimant;
Cross-check the information contained in an initial claim with information in the database of the Systematic
Alien Verification for Entitlements (SAVE) program.
Cross-check the information contained in a claim every two weeks that a claimant files a claim to ensure
that the claimant is:
o Living;
o Not incarcerated; or
o Not already employed. (Section 3).
The bill also requires the Department to take the following actions to verify reemployment assistance benefit
eligibility:
Investigate any claim in this state associated with another existing claim, either in this state or another
state, that indicates suspicious activity.
Scrutinize any claim in this state filed from a foreign Internet Protocol (IP) address.
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Work with the United States Department of Labor, out-of-state workforce agencies, the Department of
Justice, the Department of Law Enforcement, the Office of the Statewide Prosecutor, and other relevant law
enforcement entities, as feasible, to investigate and prosecute fraudulent claims.
Maintain a website and email address for reporting violations by individuals or employers, and annually
notify employers of the Department’s website and email address.
Annually make available on its website:
o The number of successful detections of fraudulent claims;
o The number of claims not paid due to the detection of fraud;
o The number of fraudulent claims paid and the amount paid on those claims;
o The amount recovered from fraudulent overpayments;
o The number of fraudulent claims referred for investigation and possible prosecution; and
o The sources used to cross-check claims during the reporting period. (Section 3).
The bill provides an effective date of July 1, 2025. (Section 4).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Department of Commerce may incur indeterminate costs related to the creation, maintenance, and operation
of websites and database checks with the overall impact on the state expenditures remaining indeterminate. A
request for a formal analysis was submitted to the Department of Commerce on March 6, 2025.
The Florida Department of Law Enforcement reviewed CS/HB 1157 and determined that it does not impact their
department.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Unemployment Compensation
The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who
are unemployed through no fault of their own (as determined under state law) and who meet the requirements of
state law.1 The program is administered as a partnership between the federal government and the states.2
Individual states and the Internal Revenue Service (IRS) collect employer payroll taxes to pay reemployment
assistance benefits.3 Federal collections go to the states for costs of administering state unemployment
compensation and job service programs.4 In addition, Federal funds pay one-half of the cost of extended
unemployment benefits (during periods of high unemployment) and provides for a fund from which states may
borrow, if necessary, to pay benefits.5
1 United States Department of Labor (DOL), State Unemployment Insurance Benefits,
https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited Mar. 13, 2025).
2 DOL, Federal – State Partnership, https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last visited Mar. 13, 2025).
3 Florida Department of Revenue, Florida Reemployment Tax,
https://floridarevenue.com/taxes/taxesfees/Pages/reemployment.aspx (last visited Mar. 13, 2025); Internal Revenue Service,
Federal Unemployment Tax, https://www.irs.gov/individuals/international-taxpayers/federal-unemployment-tax (last visited
Mar. 13, 2025).
4 DOL, Unemployment Insurance Tax Topic,
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20emp
loyer's%20taxable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state (last
visited Mar. 13, 2025).
5 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
States are permitted to set benefit eligibility requirements, the amount and duration of benefits, and the state tax
structure, as long as state law does not conflict with the Federal requirements.6 Florida’s Reemployment Assistance
Program was created by the Legislature in 1937 and the Department of Commerce (Department) is the agency
responsible for its administration.7 The Department contracts with the Florida Department of Revenue to provide
unemployment tax collections services.8
In Florida, which rebranded the unemployment compensation program as the reemployment assistance program
in 2012,9 a qualified claimant may receive benefits equal to 25 percent of wages, not to exceed $6,325 in a benefit
year.10 Benefits range from a minimum of $32 per week to a maximum weekly benefit amount11 of $275, for a
maximum of between 12 weeks and 23 weeks.12
Disqualification for Reemployment Assistance Benefits
An individual shall be disqualified from receiving reemployment assistance benefits for any of the following
reasons, which include, but are not limited to:13
Voluntarily leaving work without good cause, or being discharged by his or her employing unit for
misconduct connected with the work;
Failing to apply for available suitable work when directed by the department or the One-Stop Career
Center, to accept suitable work when offered, or to return to suitable self-employment when directed to do
so;
Making false or fraudulent representations in filing for benefits;
Being discharged from employment due to drug use or rejection from a job offer for failing a drug test; or
Becoming unavailable for work due to incarceration or imprisonment.
Benefit Eligibility
To be eligible for benefits each week of unemployment, a claimant must meet certain requirements, which
generally involve efforts to find new employment, including, but not limited to, the following:14
Completing the Department’s online work registration;
Reporting to the One-Stop Career Center when directed to do so by the local CareerSource board;
Being able and available for work;
Contacting at least 5 prospective employers each week; and
Participating in reemployment services.
Systematic Alien Verification for Entitlements (SAVE) Program
The SAVE program is an online service that verifies immigration status and naturalized U.S. citizenship of
applicants seeking benefits or licenses.15 The program assists registered federal, state, and local government
agencies, among others.16 SAVE does not determine eligibility, as that responsibility rests with the benefit-granting
or licensing agency.17
In order for the SAVE program to verify a benefit applicant’s status, the benefit-granting or licensing agency must
submit:18
6 DOL, Federal – State Partnership, https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last visited Mar. 13, 2025).
7 Ch. 18402, Laws of Fla.; S. 443.171(1), F.S.; S. 443.011, F.S.
8 S. 443.1316(1), F.S.
9 Ch. 2012-30, Laws of Fla.
10 S. 443.111(5), F.S.
11 S. 443.111(3), F.S. the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total wages for insured work
paid during the quarter of the base period where the wages paid were highest.
12 S. 443.111(5)(c), F.S.
13 S. 443.101, F.S.
14 S. 443.091(1), F.S.,
15 United States Citizenship and Immigration Services (USCIS), Save, https://www.uscis.gov/save (last visited Mar. 13, 2025).
16 Id.
17 Id.
18 USCIS, Verification Process, https://www.uscis.gov/save/about-save/save-verification-process (last visited Mar. 13, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
First name and last name;
Date of birth;
The public benefit(s) requested by the applicant; and
At least one unique immigration identifier such as the Alien Registration Number, I-94, SEVIS ID, I-797, or
Citizenship Certificate Number.
The SAVE program typically provides an initial response within seconds, which is sufficient for most requests. For
additional verification, the response time is 3 federal workdays.19 Additionally, the transaction charges for the
SAVE program’s verification in 2025 are $2.25 per verification case for federal agencies and $1.50 for non-federal
agencies.20 A minimum monthly service charge of $25 applies where at least one SAVE case is submitted by an
agency.21
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1289 Abbott The bill died in the House on
second reading.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 13 Y, 4 N, As CS 3/18/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE Deleted section 4 of the bill, which requires the consumer-first
COMMITTEE: workforce system to align with federal regulations and to use artificial
intelligence for matching participants with jobs and training.
Commerce Committee Hamon Rodriguez
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
19 USCIS, SAVE Verification Response Time, https://www.uscis.gov/save/about-save/save-verification-response-time (last
visited Mar. 13, 2025).
20 Id.
21 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
CS/HB 1157 2025
1 A bill to be entitled
2 An act relating to verification of reemployment
3 assistance benefit eligibility; providing a short
4 title; amending s. 443.101, F.S.; revising
5 circumstances under which the Department of Commerce
6 disqualifies claimants from reemployment assistance
7 benefits; creating s. 443.1112, F.S.; requiring the
8 department to verify claimants' identities before
9 paying benefits; requiring the department to cross-
10 check certain information; providing duties of the
11 department; requiring the department to maintain a web
12 page and an e-mail address for a specified purpose and
13 to notify employers each year of the web page and e-
14 mail address; providing annual reporting requirements;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as the "Promoting Work,
20 Deterring Fraud Act of 2025."
21 Section 2. Subsection (2) of section 443.101, Florida
22 Statutes, is amended to read:
23 443.101 Disqualification for benefits.—An individual shall
24 be disqualified for benefits:
25 (2) If the Department of Commerce finds that the
Page 1 of 6
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1157 2025
26 individual has failed without good cause to apply for available
27 suitable work, including contacting the required number of
28 prospective employers per week for any week of unemployment
29 claimed in the benefit year in accordance with s. 443.091, or
30 failed to appear on three or more occasions for a scheduled job
31 interview, to accept suitable work when offered to him or her,
32 to or return to the individual's customary self-employment when
33 directed by the department, or to return to employment when
34 recalled to work by the individual's employer after a temporary
35 layoff, the disqualification continues for the full period of
36 unemployment next ensuing after he or she failed without good
37 cause to apply for available suitable work, accept suitable
38 work, or return to his or her customary employment or self-
39 employment, and until the individual has earned income of at
40 least 17 times his or her weekly benefit amount. The department
41 shall by rule adopt criteria to implement this subsection,
42 including for determining the "suitability of work," as used in
43 this section. In developing these rules, the department shall
44 consider the duration of a claimant's unemployment in
45 determining the suitability of work and the suitability of
46 proposed rates of compensation for available work. Further,
47 after an individual has received 25 weeks of benefits in a
48 single year, suitable work is a job that pays the minimum wage
49 and is 120 percent or more of the weekly benefit amount the
50 individual is drawing.
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CS/HB 1157 2025
51 (a) In determining whether or not any work is suitable for
52 an individual, the department shall consider the degree of risk
53 to the individual's health, safety, and morals; the individual's
54 physical fitness, prior training, experience, prior earnings,
55 length of unemployment, and prospects for securing local work in
56 his or her customary occupation; and the distance of the
57 available work from his or her residence.
58 (b) Notwithstanding any other provisions of this chapter,
59 work is not deemed suitable and benefits may not be denied to
60 any otherwise eligible individual for refusing to accept new
61 work under any of the following conditions:
62 1. The position offered is vacant due directly to a
63 strike, lockout, or other labor dispute.
64 2. The wages, hours, or other conditions of the work
65 offered are substantially less favorable to the individual than
66 those prevailing for similar work in the locality.
67 3. As a condition of being employed, the individual is
68 required to join a company union or to resign from or refrain
69 from joining any bona fide labor organization.
70 (c) If the department finds that an individual was
71 rejected for offered employment as the direct result of a
72 positive, confirmed drug test required as a condition of
73 employment, the individual is disqualified for refusing to
74 accept an offer of suitable work.
75 Section 3. Section 443.1112, Florida Statutes, is created
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CS/HB 1157 2025
76 to read:
77 443.1112 Verification of reemployment assistance benefit
78 eligibility; detection of fraud.—
79 (1) The Department of Commerce must verify the identity of
80 each claimant who applies for reemployment assistance benefits
81 before paying any benefits to that individual.
82 (2) For the initial claim for benefits made by a claimant
83 and as necessary to verify a claimant's eligibility for
84 benefits, the department must cross-check the information
85 contained in the claim with information in the database of the
86 Systematic Alien Verification for Entitlements Program
87 established by the United States Bureau of Citizenship and
88 Immigration Services.
89 (3) For every 2 weeks that a claimant makes a claim for
90 benefits, including the initial claim for benefits, to verify a
91 claimant's eligibility for benefits, the department must cross-
92 check the information contained in the claim to make sure that
93 the claimant is:
94 (a) Living.
95 (b) Not incarcerated.
96 (c) Not already employed.
97 (4) The department shall do all of the following:
98 (a) Investigate any claim in this state associated with a
99 mailing address, a bank account, an e-mail address, a telephone
100 number, or an Internet protocol address that is also associated
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CS/HB 1157 2025
101 with another existing claim for reemployment assistance benefits
102 in this state or another state and verify that the claim in this
103 state is legitimate and not fraudulent before paying any
104 benefits for the claim.
105 (b) Scrutinize any claim in this state filed from a
106 foreign Internet protocol address before paying any benefits for
107 the claim.
108 (c) Work with the United States Department of Labor, the
109 United States Department of Justice, other state workforce
110 agencies, the Department of Law Enforcement, the state
111 attorneys, or the Office of the Statewide Prosecutor to share
112 information related to fraudulent claims or attempted fraudulent
113 claims to the extent feasible for further investigation and
114 proceedings brought under this chapter.
115 (d) Maintain a web page and an e-mail address through
116 which an individual or an employer may report known or suspected
117 violations of this chapter, including identity theft or fraud.
118 Each year, the department shall notify employers in this state
119 of this web page and e-mail address for reporting violations.
120 (e) Each year, make available on its website a report
121 identifying the number of fraudulent reemployment assistance
122 claims identified for the prior year, the number of claims not
123 paid due to successful detection of fraudulent intentions, the
124 number of claims and the amount of reemployment assistance
125 benefits paid against claims subsequently identified as
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CS/HB 1157 2025
126 fraudulent, the amount of fraudulent overpayments recovered, and
127 the number of fraudulent claims referred for investigation and
128 possible prosecution. The report must also list the sources of
129 information that were used to cross-check claims during the
130 reporting period.
131 Section 4. This act shall take effect July 1, 2025.
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hb1157-01-c1
COMMERCE COMMITTEE
HB 1157 by Rep. Abbott
Relating to Verification of Reemployment Assistance Benefit Eligibility
AMENDMENT SUMMARY
March 31, 2025
Amendment 1 by Rep. Abbott (Lines 31-119):
• Amends the disqualification of benefits to clarify that an individual may be disqualified for
benefits if they failed to appear on 3 or more occasions for a scheduled job interview without
notifying the prospective employer of the need to cancel or reschedule the interview.
• Requires the Department of Commerce to maintain a web page, rather than a web page and
an email address, through which individuals or employers may report known or suspected
violations of the Reemployment Assistance Program Law.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1157 (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: Commerce Committee
2 Representative Abbott offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 31-119 and insert:
6 interview without notifying the prospective employer of the need
7 to cancel or reschedule the interview, to accept suitable work
8 when offered to him or her, to or return to the individual's
9 customary self-employment when directed by the department, or to
10 return to employment when recalled to work by the individual's
11 employer after a temporary layoff, the disqualification
12 continues for the full period of unemployment next ensuing after
13 he or she failed without good cause to apply for available
14 suitable work, accept suitable work, or return to his or her
15 customary employment or self-employment, and until the
16 individual has earned income of at least 17 times his or her
17 weekly benefit amount. The department shall by rule adopt
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Page 1 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1157 (2025)
Amendment No. 1
18 criteria to implement this subsection, including for determining
19 the "suitability of work," as used in this section. In
20 developing these rules, the department shall consider the
21 duration of a claimant's unemployment in determining the
22 suitability of work and the suitability of proposed rates of
23 compensation for available work. Further, after an individual
24 has received 25 weeks of benefits in a single year, suitable
25 work is a job that pays the minimum wage and is 120 percent or
26 more of the weekly benefit amount the individual is drawing.
27 (a) In determining whether or not any work is suitable for
28 an individual, the department shall consider the degree of risk
29 to the individual's health, safety, and morals; the individual's
30 physical fitness, prior training, experience, prior earnings,
31 length of unemployment, and prospects for securing local work in
32 his or her customary occupation; and the distance of the
33 available work from his or her residence.
34 (b) Notwithstanding any other provisions of this chapter,
35 work is not deemed suitable and benefits may not be denied to
36 any otherwise eligible individual for refusing to accept new
37 work under any of the following conditions:
38 1. The position offered is vacant due directly to a
39 strike, lockout, or other labor dispute.
40 2. The wages, hours, or other conditions of the work
41 offered are substantially less favorable to the individual than
42 those prevailing for similar work in the locality.
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Page 2 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1157 (2025)
Amendment No. 1
43 3. As a condition of being employed, the individual is
44 required to join a company union or to resign from or refrain
45 from joining any bona fide labor organization.
46 (c) If the department finds that an individual was
47 rejected for offered employment as the direct result of a
48 positive, confirmed drug test required as a condition of
49 employment, the individual is disqualified for refusing to
50 accept an offer of suitable work.
51 Section 3. Section 443.1112, Florida Statutes, is created
52 to read:
53 443.1112 Verification of reemployment assistance benefit
54 eligibility; detection of fraud.—
55 (1) The Department of Commerce must verify the identity of
56 each claimant who applies for reemployment assistance benefits
57 before paying any benefits to that individual.
58 (2) For the initial claim for benefits made by a claimant
59 and as necessary to verify a claimant's eligibility for
60 benefits, the department must cross-check the information
61 contained in the claim with information in the database of the
62 Systematic Alien Verification for Entitlements Program
63 established by the United States Bureau of Citizenship and
64 Immigration Services.
65 (3) For every 2 weeks that a claimant makes a claim for
66 benefits, including the initial claim for benefits, to verify a
67 claimant's eligibility for benefits, the department must cross-
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1157 (2025)
Amendment No. 1
68 check the information contained in the claim to make sure that
69 the claimant is:
70 (a) Living.
71 (b) Not incarcerated.
72 (c) Not already employed.
73 (4) The department shall do all of the following:
74 (a) Investigate any claim in this state associated with a
75 mailing address, a bank account, an e-mail address, a telephone
76 number, or an Internet protocol address that is also associated
77 with another existing claim for reemployment assistance benefits
78 in this state or another state and verify that the claim in this
79 state is legitimate and not fraudulent before paying any
80 benefits for the claim.
81 (b) Scrutinize any claim in this state filed from a
82 foreign Internet protocol address before paying any benefits for
83 the claim.
84 (c) Work with the United States Department of Labor, the
85 United States Department of Justice, other state workforce
86 agencies, the Department of Law Enforcement, the state
87 attorneys, or the Office of the Statewide Prosecutor to share
88 information related to fraudulent claims or attempted fraudulent
89 claims to the extent feasible for further investigation and
90 proceedings brought under this chapter.
91 (d) Maintain a web page through which an individual or an
92 employer may report known or suspected violations of this
93 chapter, including identity theft or fraud. Each year, the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1157 (2025)
Amendment No. 1
94 department shall notify employers in this state of this web page
95 for reporting violations.
96
97 -----------------------------------------------------
98 T I T L E A M E N D M E N T
99 Remove lines 12-14 and insert:
100 page for a specified purpose and to notify employers
101 each year of the web page; providing annual reporting
102 requirements;
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Page 5 of 5
CS/HB 1549
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 1549 COMPANION BILL: CS/SB 1612 (Grall)
TITLE: Financial Institutions LINKED BILLS: None
SPONSOR(S): Maggard RELATED BILLS: None
Committee References
Insurance & Banking Commerce
14 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill provides various amendments to the financial institutions code. The bill:
Amends the due dates by which time a financial institution must pay semiannual assessments and specifies
the method and timing of when the semiannual assessments must be made.
Authorizes the Office of Financial Regulation (OFR) to issue a certificate of acquisition to an acquiring
financial institution after specified circumstances are met.
Clarifies that an elected officer, director, or committee member may not receive compensation for their
service but may be reimbursed for necessary expenses incurred while performing official credit union
business.
Repeals the requirement for credit unions to maintain a regular reserve and modifies the definition of the
term “equity” to remove reference to “regular reserve.”
Removes a timeframe for certain requirements by directors of a proposed new bank or trust company.
Modifies the period in which a proposed bank or trust company must open and conduct a general
commercial bank or trust company business.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
State Financial Institution Assessments:
The bill requires state financial institutions to pay a semiannual assessment based on total assets as of the last
business day in December and June. The assessment must be received by the Office of Financial Regulation (OFR)
via mail, wire transfer, automated clearinghouse, or other approved electronic means by March 31 and September
30. (Section 1).
Certificates for Acquisition or Assumption Transactions:
The bill authorizes the OFR to issue a certificate confirming that an acquisition, assumption, or sale transaction
between financial institutions has been completed once the acquiring institution submits the necessary evidence.
(Section 2).
Definition of "Equity" for Credit Unions:
The bill repeals the requirement for credit unions to maintain a regular reserve and modifies the definition of the
term “equity” to remove reference to “regular reserve.” (Section 3 & 5).
STORAGE NAME: h1549b.COM
DATE: 3/27/2025
1
Compensation and Reimbursement for Credit Union Officials
The bill clarifies that elected officers, directors, and committee members may not be compensated for their service,
consistent with current law, while stating that they may be reimbursed for necessary expenses incidental to
performing official business for the credit union. (Section 4).
Stock Subscription:
The bill requires that at least 30 days before opening, the directors of a proposed bank or trust company must have
completed the stock offering and filed with the office a final list of subscribers to all capital stock. (Section 6).
Opening of Banks/Trust Companies:
The bill requires a bank or trust company corporation to open and conduct a general commercial bank or trust
business within 18 months after the issuance of a final order of approval by the office. (Section 7).
The effective date of the bill is July 1, 2025. (Section 8).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Financial Institutions
A financial institution must hold a federal or state charter to accept deposits. Banks are chartered either as national
banks by the Office of the Comptroller of the Currency (OCC) under the U.S. Department of the Treasury or as state
banks by a state regulator.1
In Florida, the Florida Financial Institutions Codes govern all state-authorized and state-chartered banks, trust
companies, and related entities.2 The OFR licenses and regulates 196 financial entities, including 57 state-chartered
banks.3 There are also 30 federally-chartered banks operating in Florida.4
Banks and Trust Companies
Federal Law – Creation and Opening of a New Bank or Trust Company
Federally chartered banks, whether public or private, must meet stringent regulatory requirements to obtain a
charter5. The OCC follows a two-phase approval process:
Preliminary Approval: Expires if the proposed bank:
o Fails to raise required capital within 12 months, or
o Does not commence business within 18 months, unless an extension is granted.6
Final Approval: Granted after completion of all organization requirements, authorizing the bank to begin
operations.7
Federal law prohibits offering national bank-issued securities without registration unless an exemption (e.g., for
nonpublic offerings) applies.8
Florida Law – Creation and Opening of a New Bank or Trust Company
State law requires that directors of a proposed bank or trust company:
1 Congressional Research Service, Introduction to Financial Services: Banking, p. 1, January 5, 2023, available at:
https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited March 15, 2025).
2 S. 655.005(1)(k), F.S., states that the Financial Institutions Codes includes: Ch. 655, financial institutions generally; Ch. 657, credit unions;
Ch. 658, banks and trust companies; Ch. 660, trust business; Ch. 662, family trust companies; Ch. 663, international banking; Ch. 665, relating
to associations; and Ch. 667, savings banks.
3 The OFR, Fast Facts (2025 ed.), available at: fast-facts.pdf (last visited March 15, 2025) (hereinafter cited as “2025 OFR Fast Facts”).
4 The OCC, National Banks Active As of 2/28/2025, February 28, 2025, available at national-by-state.pdf (March 15, 2025).
5 See 12 CFR 16; Office of the Comptroller of the Currency, Comptroller’s Licensing Manual Charters, p. 4, December 2021, available at
charters.pdf (last visited March 11, 2025) (hereinafter cited as “OCC Licensing Manual for Charters”).
6 12 CFR 5.20(i)(6)(iv)
7 OCC Licensing Manual for Charters at p. 3.
8 12 CFR 16.7
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Complete a stock offering and file a list of subscribers with the OFR within six months of corporate
existence and at least 30 days prior to opening.9
Provide additional information as reasonably required by OFR, including financial and biographical details
of subscribers.10
Undergo OFR's review and character and financial investigations.
A bank or trust company must begin operations within 12 months of corporate existence, notify OFR of its
intended opening date, and comply with any OFR orders.11 OFR must also conduct a pre-opening examination and
issue a certificate of authorization if all requirements are satisfied.12 However, the OFR reports “[t]he 6-month time
requirement has been a problem for recent bank start-ups and is more restrictive than [the 12-month
requirement] federally.”13
Financial Institution Assessments
Financial institutions must pay semiannual assessments based on total assets as of the last business day of June
and December14, covering the next six months.15
Assessments are due by January 31 and July 31 and can be submitted by mail, wire transfer, automated
clearinghouse, or other OFR-approved electronic means.
Late penalties may be assessed up to $100 per day, and intentional late payments may incur administrative
fines up to $1,000 per day, unless excused for good cause.16
Certificate of Acquisition
Florida law allows a financial institution to acquire 50 percent or more of the assets, liabilities, or a combination of
both of any financial institution subject to the OFR approval and other specified conditions. For instance, both
financial institutions must adopt a plan for the acquisition, assumption, or sale which must contain specified
information.17 The OFR is required to approve or disapprove of the plan and, following adoption of the plan by the
transferring financial institution, must certify in writing that the plan has been approved.18 The transferring
financial institution may abandon the transaction despite the members’ or stockholders’ approval and the OFR’s
certification of the plan.19 Unlike the OFR’s authority to issue a Certificate of Merger when two credit unions
merge,20 the OFR does not have authority to issue a Certificate of Acquisition when a financial institution purchases
or wholly acquires another financial institution.21
Credit Unions
A credit union must have a federal or state charter to operate in Florida. Credit unions are chartered and regulated
as a national credit union by the National Credit Union Association (NCUA).22 Such membership is limited to a
group or groups with a common bond of occupation or association within a defined community. Deposits into a
federal credit union allow members to become owners of the credit union, run to become a credit union official,
and vote on certain matters.23
The Florida Financial Institutions Codes apply to all state-chartered credit unions.24 There are approximately 138
credit unions in Florida25 with 67 of them being state-chartered.26 Florida law provides that any person may be
9 S. 658.235(1), F.S.
10 S. 658.25(2), F.S.
11 S. 658.25(1), F.S.
12 S. 658.25(3), F.S.
13 The OFR, Agency Analysis of 2025 for HB 1459, p. 3 March 11, 2025. (hereinafter cited as “2025 OFR Agency Analysis for HB 1549”).
14 S. 655.047(1), F.S.
15 S. 655.047(3), F.S.
16 S. 655.047(2), F.S.
17 S. 655.414(2), F.S.
18 S. 655.414(4) and (5), F.S.
19 Id.
20 S. 657.065, F.S.
21 S. 655.414(5), F.S.
22 National Credit Union Administration, Overview of the Charter Application Process, April 14, 2022, available at Overview of the Charter
Application Process | NCUA (last visited March 15, 2025).
23 National Credit Union Administration, Overview of Federal Credit Unions, April 14, 2022, available at Overview of Federal Credit Unions |
NCUA (last visited March 15, 2025).
24 S. 655.005(1)(k), F.S., states that the Financial Institutions Codes includes ch. 657, credit unions.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
admitted to a credit union upon payment of any required fee, payment of shares, and compliance with the credit
union bylaws.27 State-chartered credit unions operate as financial institutions except for exercising certain
incidental powers authorized by law.28
Reserve Accounts
Florida law requires credit unions to maintain the following reserve accounts:
Allowance for loan and lease losses;
Regular reserve to meet losses which must not be decreased unless the OFR approves the decrease or as
provided by rule of the commission;29
Allowance for investment losses; and
Special reserves to protect members against losses from risk assets or extended credit when required by
rule or other specified circumstances.30
In 2022, the NCUA amended federal regulations and removed the requirement for federal credit unions to maintain
a regular reserve account.31
OTHER RESOURCES:
Florida Credit Unions
Overview of the Charter Application Process | NCUA
Fixed-Asset Rule Provides Relief to More than 3,800 Federal Credit Unions | NCUA
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IInsurance & Banking 14 Y, 0 N, As CS 3/20/2025 Hamon Herrera
Subcommittee
THE CHANGES ADOPTED BY THE The amendment reinstates the 5% cap on credit union investments in real
COMMITTEE: estate, furniture, fixtures, and equipment, reversing the bill’s removal of this
limit. Additionally, the amendment modifies the provision governing elected
officers, directors, and committee members to clarify that while they may not
be compensated for their service (current law), they may be reimbursed for
necessary expenses incidental to performing official business for the credit
union.
Commerce Committee Hamon Herrera
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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25 National Credit Union Service Organization, Florida Credit Unions, available at Florida Credit Unions (last visited March 15, 2025).
26 2025 OFR Fast Facts at p. 4.
27 S. 657.023(1), F.S.
28 S. 657.031(3), F.S.
29 Section 657.043(2), F.S.
30 Section 657.043, F.S.
31 The NCUA, Risk-Based Capital Frequently Asked Questions: Is Prompt Corrective Action (PCA) for Credit Unions Changing with the Revised
Capital Adequacy Standards?, April 14, 2022, available at Risk-Based Capital Frequently Asked Questions | NCUA (last visited March 15,
2025).
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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
CS/HB 1549 2025
1 A bill to be entitled
2 An act relating to financial institutions; amending s.
3 655.047, F.S.; requiring state financial institutions
4 to pay a semiannual assessment for specified time
5 periods; requiring that the semiannual assessment be
6 received by the Office of Financial Regulation in a
7 specified manner and by specified dates; amending s.
8 655.414, F.S.; authorizing the office to issue a
9 specified certificate under certain circumstances;
10 amending s. 657.002, F.S.; revising the definition of
11 the term "equity"; amending s. 657.028, F.S.;
12 authorizing an elected officer, director, or committee
13 member of a credit union to be reimbursed for certain
14 expenses; amending s. 657.043, F.S.; conforming
15 provisions to changes made by the act; amending s.
16 658.235, F.S.; revising the timeframe for certain
17 requirements by the directors of a proposed bank or
18 trust company; amending s. 658.25, F.S.; revising the
19 timeframe within which a bank or trust company
20 corporation is required to open and conduct specified
21 business; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 655.047, Florida Statutes, is amended
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26 to read:
27 655.047 Assessments; financial institutions.—
28 (1) Each state financial institution shall pay to the
29 office a semiannual assessment for the 6-month periods beginning
30 January 1 and July 1. Assessments must be based on the total
31 assets as shown on the statement of condition of the financial
32 institution on the last business day in December and the last
33 business day in June of each year.
34 (2) If mailed, The semiannual assessment must be received
35 by the office by mail, wire transfer, automated clearinghouse,
36 or other electronic means approved by the office on or before
37 March January 31 and September 30 July 31 of each year following
38 the semiannual assessment period. If transmitted through a wire
39 transfer, an automated clearinghouse, or other electronic means
40 approved by the office, the semiannual assessment must be
41 transmitted to the office on or before January 31 and July 31 of
42 each year. The office may levy a late payment penalty of up to
43 $100 per day or part thereof that a semiannual assessment
44 payment is overdue, unless it is excused for good cause.
45 However, for intentional late payment of a semiannual
46 assessment, the office shall levy an administrative fine of up
47 to $1,000 a day for each day the semiannual assessment is
48 overdue.
49 (3) The assessments required by this section cover the 6-
50 month period following the first day of the month in which they
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51 are due. The office may prorate the amount of the semiannual
52 assessment; however, no portion of a semiannual assessment is
53 refundable.
54 Section 2. Subsection (5) of section 655.414, Florida
55 Statutes, is amended to read:
56 655.414 Acquisition of assets; assumption of liabilities.—
57 With prior approval of the office, and upon such conditions as
58 the commission prescribes by rule, a financial institution may
59 acquire 50 percent or more of the assets of, liabilities of, or
60 a combination of assets and liabilities of any other financial
61 institution in accordance with the procedures and subject to the
62 following conditions and limitations:
63 (5) ADOPTED PLAN; APPROVAL CERTIFICATION CERTIFICATE;
64 ABANDONMENT; CERTIFICATE OF ACQUISITION, ASSUMPTION, OR SALE.—
65 (a) If the plan is adopted by the members or stockholders
66 of the transferring financial institution, the president or vice
67 president and the cashier, manager, or corporate secretary of
68 such institution shall submit the adopted plan to the office,
69 together with a certified copy of the resolution of the members
70 or stockholders approving it.
71 (b) Upon receipt of the certified copies and evidence that
72 the participating financial institutions have complied with all
73 applicable state and federal law and rules, the office shall
74 certify, in writing, to the participants that the plan has been
75 approved.
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76 (c) Notwithstanding approval of the members or
77 stockholders or certification by the office, the board of
78 directors of the transferring financial institution may abandon
79 the such a transaction without further action or approval by the
80 members or stockholders, subject to the rights of third parties
81 under any contracts relating thereto.
82 (d) After the acquiring financial institution completes
83 the plan and submits a request with any evidence required by the
84 office to confirm the transaction's completion, the office may
85 issue a certificate to the acquiring financial institution
86 confirming that the acquisition, assumption, or sale transaction
87 has been completed.
88 Section 3. Subsection (6) of section 657.002, Florida
89 Statutes, is amended to read:
90 657.002 Definitions.—As used in this chapter:
91 (6) "Equity" means undivided earnings, regular reserves,
92 and other reserves.
93 Section 4. Subsection (2) of section 657.028, Florida
94 Statutes, is amended to read:
95 657.028 Activities of directors, officers, committee
96 members, employees, and agents.—
97 (2) An elected officer, director, or committee member,
98 other than the chief executive officer, may not be compensated
99 for her or his service to the credit union, but an elected
100 officer, director, or committee member may be reimbursed for
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101 necessary expenses incidental to performing official business
102 for the credit union as such.
103 Section 5. Subsections (3), (4), and (5) of section
104 657.043, Florida Statutes, are renumbered as subsections (2),
105 (3), and (4), respectively, and present subsections (2) and (4)
106 of that section are amended, to read:
107 657.043 Reserves.—
108 (2) REGULAR RESERVE.—The regular reserve shall belong to
109 the credit union and shall be used to meet losses. The regular
110 reserve may not be decreased without the prior written approval
111 of the office or as provided by rule of the commission.
112 (3)(4) SPECIAL RESERVES.—In addition to such regular
113 reserve, Special reserves shall be established:
114 (a) To protect members against losses resulting from
115 credit extended or from risk assets when required by rule, or
116 when found by the office, in any special case, to be necessary
117 for that purpose; or
118 (b) As authorized by the board of directors.
119 Section 6. Subsection (1) of section 658.235, Florida
120 Statutes, is amended to read:
121 658.235 Subscriptions for stock; approval of major
122 shareholders.—
123 (1) Within 6 months after commencement of corporate
124 existence, and At least 30 days before prior to opening, the
125 directors shall have completed the stock offering and shall file
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126 with the office a final list of subscribers to all of the
127 capital stock of the proposed bank or trust company showing the
128 name and residence of each subscriber and the amount of stock of
129 every class subscribed for by each.
130 Section 7. Subsection (1) of section 658.25, Florida
131 Statutes, is amended to read:
132 658.25 Opening for business.—
133 (1) A bank or trust company corporation shall open and
134 conduct a general commercial bank or trust business within 18
135 months after the issuance of a final order of approval by the
136 office no later than 12 months after the commencement of its
137 corporate existence.
138 Section 8. This act shall take effect July 1, 2025.
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HM 4063
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 #: HM 4063 COMPANION BILL: SM 1488 (Avila)
TITLE: Framework for a Sovereign Wealth Fund LINKED BILLS: None
SPONSOR(S): Anderson RELATED BILLS: None
Committee References
Insurance & Banking Commerce
15 Y, 1 N
SUMMARY
Effect of the Bill:
Urges the Congress of the United States to establish a framework for a sovereign wealth fund by enacting legislation
necessary for establishing such a framework.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Urges the Congress of the United States to establish a framework for a sovereign wealth fund by enacting
legislation necessary for establishing such a framework.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
On February 3, 2025, President Trump signed an executive order (EO 14196) directing the Treasury and
Commerce Secretaries to develop a plan for the establishment of a sovereign wealth fund (SWF). An SWF is a
government-owned investment fund that invests in financial assets and real estate to generate a profit for its
citizens. SWFs are funded by a variety of sources, including surplus reserves from natural resources, trade
surpluses, bank reserves, privatization money, and governmental transfer payments.
Several U.S. states (11) have created SWFs to finance certain services – typically public education – or to provide
general revenue to the state government and/or its citizens. For example, the Alaska Permanent Fund (APF)
distributes the money it makes from the state’s nonrenewable resources to the state’s residents as annual
dividends. The APF divides its fund deposits into two parts: the principal (non-spendable) and the earnings reserve
account (spendable), which are commingled and invested under the same asset allocation.
STORAGE NAME: h4063b.COM
DATE: 3/28/2025
1
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 15 Y, 1 N 3/20/2025 Hamon Schenk
Subcommittee
Commerce Committee Hamon Schenk
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
R E P R E S E N T A T I V E S
HM 4063 2025
1 House Memorial
2 A memorial to the Congress of the United States,
3 urging Congress to establish a framework for a
4 sovereign wealth fund for the United States.
5
6 WHEREAS, on February 3, 2025, President Donald J. Trump
7 issued an executive order that directs the Secretary of the
8 United States Department of the Treasury and the Secretary of
9 the United States Department of Commerce to develop a plan
10 within 90 days for the creation of a sovereign wealth fund, and
11 WHEREAS, while the secretaries are developing the plan,
12 Congress should be proactive and establish the framework for the
13 sovereign wealth fund, and
14 WHEREAS, if Congress establishes the framework, the
15 sovereign wealth fund can be more efficiently implemented, and
16 WHEREAS, the sovereign wealth fund can be used to promote
17 fiscal sustainability, lessen the burden of taxes on families
18 and small business, establish long-term economic security, fund
19 critical projects, and promote the United States' economic and
20 strategic leadership internationally, NOW, THEREFORE,
21
22 Be It Resolved by the Legislature of the State of Florida:
23
24 That the Congress of the United States is urged to
25 establish a framework for a sovereign wealth fund.
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R E P R E S E N T A T I V E S
HM 4063 2025
26 BE IT FURTHER RESOLVED that the Legislature urges Congress
27 to enact any legislation necessary to establish the framework
28 for the sovereign wealth fund.
29 BE IT FURTHER RESOLVED that the Secretary of State is
30 directed to dispatch copies of this memorial to the President of
31 the United States, to the President of the United States Senate,
32 to the Speaker of the United States House of Representatives,
33 and to each member of the Florida delegation to the Congress of
34 the United States.
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