Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House Commerce Committee (April 1, 2025)

Summary

Meeting packet of the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, April 1, 2025, 4:00 PM to 7:00 PM. The agenda lists CS/HB 43 (Reusable Tenant Screening Reports), HB 203 (Transportation Concurrency), HB 211 (Farm Products), HB 897 (Timeshare Plan Management), proposed committee substitutes for HB 561 and HB 563, and PCB HAT 25-01 and PCB HAT 25-02 on hemp consumable THC products. The bill analysis for CS/HB 43 states that the bill authorizes, but does not require, a landlord to accept a reusable tenant screening report from a prospective tenant. The packet closes with the text of PCB HAT 25-02.

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

Cite this document

“Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House Commerce Committee (April 1, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-01-3287-housing-agriculture-tourism-subcommittee-meeting-packe-1168af4893/, SHA-256 7ef406a74a3306c309e7fba72a74bcaa8b93486a220206cb0a5b33e1ace4fa00.

Full text

Housing, Agriculture & Tourism
Subcommittee
Tuesday, April 1, 2025
4:00 PM - 7:00 PM
Morris Hall (17 HOB)

Meeting Packet

Daniel Perez Michelle Salzman
Speaker Chair
The Florida House of Representatives
Commerce Committee
Housing, Agriculture & Tourism Subcommittee
Daniel Perez Michelle Salzman
Speaker Chair

Meeting Agenda

Tuesday, April 1, 2025
4:00 pm – 7:00 pm
Morris Hall (17 HOB)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• CS/HB 43 Reusable Tenant Screening Reports by Civil Justice & Claims Subcommittee,
Edmonds
• HB 203 Transportation Concurrency by Grow
• HB 211 Farm Products by Cobb
• HB 897 Timeshare Plan Management by Berfield
• HJR 1215 Ad Valorem Tax Exemption by Alvarez, D.
• CS/HJR 1257 Property Tax Benefits for Certain Residential Properties Subject to a Long-term
Lease by Ways & Means Committee, Busatta
• CS/HB 1259 Property Tax Exemption and Assessment Limitation on Long-term Leased
Property by Ways & Means Committee, Busatta

Consideration of the following bill(s) with proposed committee substitute(s):

• PCS for HB 561 – Manufacturing
• PCS for HB 563 -- Fees/Florida Manufacturing Promotional Campaign

Consideration of the following proposed committee bill(s):

• PCB HAT 25-01 -- Hemp Consumable THC Products
• PCB HAT 25-02 -- Taxation of Hemp Consumable THC Products

V. Closing Remarks

VI. Adjournment

214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
CS/HB 43
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 43 COMPANION BILL: CS/SB 362 (Osgood)
TITLE: Reusable Tenant Screening Reports LINKED BILLS: None
SPONSOR(S): Edmonds RELATED BILLS: None
Committee References
Civil Justice & Claims Housing, Agriculture & Tourism Judiciary
18 Y, 0 N, As CS  

SUMMARY
Effect of the Bill:
CS/HB 43 authorizes, but does not require, a landlord to accept a reusable tenant screening report from a
prospective tenant and specifies the information such a report must include. The bill further prohibits a landlord
who has accepted a reusable tenant screening report from a prospective tenant from charging the prospective
tenant an application screening fee or other fee associated with accessing the report.

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:
CS/HB 43 authorizes, but does not require, a landlord to accept a reusable tenant screening report from a
prospective tenant. (Section 1)

The bill defines a “reusable tenant screening report” as a consumer report that:
 Has been prepared within the previous 30 days by a consumer reporting agency at the request and expense
of a prospective tenant.
 Is made directly available to a landlord for use in the rental application process or is provided through a
third-party website that regularly engages in the business of providing a reusable tenant screening report
and complies with all the state and federal laws pertaining to use and disclosure of information contained
in a consumer report by a consumer reporting agency.
 Is available to the landlord at no cost to access or use. (Section 1)

The bill requires a reusable tenant screening report to include the following information:
 The prospective tenant’s full name.
 The prospective tenant’s contact information, including mailing address, e-mail address, and telephone
number.
 Verification of the prospective tenant’s employment.
 The prospective tenant’s last known address.
 The results of an eviction history check.
 The date through which the information contained in the report is current. (Section 1)

The bill authorizes a landlord to request confirmation from a prospective tenant that there has been no material
change to the information in the reusable tenant screening report since it was generated. (Section 1)

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DATE: 3/28/2025
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The bill prohibits a landlord who has accepted a reusable tenant screening report from a prospective tenant from
charging the prospective tenant an application screening fee or other fee associated with accessing the report.
(Section 1)

The bill provides an effective date of July 1, 2025. (Section 2)

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
This bill may have an indeterminate positive fiscal impact on prospective rental tenants as the authorization for
landlords to accept reusable tenant screening reports may decrease application costs for such prospective tenants.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Preemption of the Residential Landlord and Tenant Act
In 2023, the Legislature expressly preempted the regulation of residential tenancies, the landlord-tenant
relationship, and all other matters covered under the Residential Landlord and Tenant Act to the state.1 This
preemption supersedes any local government regulations on such matters, including, but not limited to, the
screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and
fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of
the landlord and the tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the
rights and responsibilities of the landlord and tenant; fees charged by the landlord; or notice requirements.2

The Residential Landlord and Tenant Act is, however, currently silent as to the screening process used by a
landlord in approving tenancies and as to applications and fees associated with such applications generally.3, 4

Federal Fair Credit Reporting Act
There are hundreds of companies engaged in employment and tenant background screening across the United
States.5 These companies are defined as “consumer reporting agencies” (CRAs), pursuant to the federal Fair Credit
Reporting Act (FCRA) and are regulated by both the Federal Trade Commission and Consumer Financial Protection
Bureau.6

The FCRA defines “consumer reporting agency” as any person which, for monetary fees, dues, or on a cooperative
nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit
information or other information on consumers for the purpose of furnishing consumer reports to third parties,
and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer
reports.7

It further defines “consumer report” generally as any written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in
whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for:
 Credit or insurance to be used primarily for personal, family, or household purposes;
 Employment purposes; or

1 Ch. 2023-314, L.O.F.
2 S. 83.425, F.S.
3 Pt. II, Ch. 83, F.S.
4 There is some discussion in s. 83.683, F.S., regarding rental applications by servicemembers.
5 Professional Background Screening Association (PBSA), About PBSA, https://thepbsa.org/about-us/about-pbsa/ (last visited

Mar. 13, 2025.)
6 Id.
7 15 U.S.C. § 1681a(f).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
 Any other purpose authorized in 15 U.S.C. s. 1681b.8

Section 1681b, U.S.C., provides specific circumstances under which a CRA may furnish a consumer report,
including, but not limited to:
 In accordance with the written instructions of the consumer to who it relates.9
 To a person who has a legitimate business need for the information in connection with a business
transaction that is initiated by the consumer.10

The FCRA promotes the accuracy, fairness, and privacy of information that CRAs collect.11 The FCRA governs the
acts of CRAs, entities that furnish information to CRAs (furnishers), and individuals who use credit reports issued
by CRAs.12 Specifically, CRAs and their furnishers must adopt methods to ensure the information they collect and
report is accurate.13 Individuals may request to review the information a CRA has in his or her file, the sources of
the information, and the identity of those to whom the information was disclosed to ensure that it is accurate, and
may dispute its accuracy which triggers a CRA’s duty to reinvestigate the information.14

Additionally, if any person takes any adverse action against an individual based in whole or in part on any
information contained in a consumer report, he or she must provide specified information to the individual,
including:
 Notice of the adverse action to the individual.
 The name, address, and telephone number of the CRA that furnished the consumer report the person relied
on.
 Notice of the individual’s right to obtain a free copy of a consumer report on themselves from the CRA that
issued such a report to the person taking the adverse action.
 Notice of the individual’s right to dispute the accuracy or completeness of any information in a consumer
report with the CRA who produced it.15

Portable Tenant Screening Reports
Currently, some companies specialize in online tenant background screening reports, which include information
such as a:
 ResidentScore, a renter credit score.
 Criminal background report.
 Credit report.
 Eviction related report.
 Income insights report.
 Identity check report.16

On such a website, either a landlord or property manager or a tenant can create an account to either request
screening of a potential tenant or to screen themselves.17 Such companies typically provide several tiers of reports
that are available for purchase to provide a prospective tenant or property manager or landlord with control over
the cost of the report which will impact how much information the report includes.18 However, even for a top tier

8 15 U.S.C. § 1681a(d).
9 15 U.S.C. § 1681b(a)(2).
10 15 U.S.C. § 1681b(a)(3)(F)(i).
11 Federal Trade Commission, A Summary of Your Rights Under the Fair Credit Reporting Act (Sept. 18, 2018), 12 CFR 1022,

https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf (last visited Mar. 13,
2025).
12 15 U.S.C. § 1681, et. seq.
13 15 U.S.C. § 1681s-2.
14 15 U.S.C. §§ 1681g and 1681i.
15 15 U.S.C. § 1681m(a).
16 TransUnion SmartMove, Tenant Background Screening Reports, https://www.mysmartmove.com/tenant-screening-services

(last visited Mar. 13, 2025).
17 Id.
18 TransUnion SmartMove, Pricing, https://www.mysmartmove.com/pricing (last visited Mar. 13, 2025).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
tenant screening report, which includes all of the information listed above, the total cost is $47, and a prospective
tenant may grant permission for a property owner to access his or her report.19

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2023 CS/HB 1417 Esposito, McClure Trumbull Took effect July 1, 2023.

OTHER RESOURCES:
Tenant Background Screening Reports

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
ICivil Justice & Claims 18 Y, 0 N, As CS 3/13/2025 Jones Leshko
Subcommittee
THE CHANGES ADOPTED BY THE  Removed provisions that conflict with current law which expressly
COMMITTEE: preempts the regulation of all matters covered under the Residential
Landlord and Tenant Act to the state.
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Judiciary Committee

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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19 Id.; TransUnion SmartMove, Tenant Frequently Asked Questions, https://www.mysmartmove.com/transunion-smartmove-

frequently-asked-questions/tenant-frequently-asked-questions#accordiongroup-338a6660be-item-bf9b64ac40 (last visited
Mar. 13, 2025).
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 43 2025

1 A bill to be entitled
2 An act relating to reusable tenant screening reports;
3 creating s. 83.471, F.S.; providing definitions;
4 authorizing a landlord to accept reusable tenant
5 screening reports and require a specified statement;
6 requiring that certain information be included in
7 reusable tenant screening reports; prohibiting a
8 landlord from charging certain fees to an applicant
9 using a reusable tenant screening report; providing
10 applicability; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 83.471, Florida Statutes, is created to
15 read:
16 83.471 Reusable tenant screening reports.—
17 (1) As used in this section, the term:
18 (a)1. "Consumer report" means any written, oral, or other
19 communication of information by a consumer reporting agency
20 bearing on a consumer's credit worthiness, credit standing,
21 credit capacity, character, general reputation, personal
22 characteristics, or mode of living which is used or expected to
23 be used or collected in whole or in part for the purpose of
24 serving as a factor in establishing the consumer's eligibility
25 for credit or insurance to be used primarily for personal,

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hb43-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 43 2025

26 family, or household purposes; employment purposes; or any other
27 purpose authorized under 15 U.S.C. s. 1681b.
28 2. Except for the restrictions provided in 15 U.S.C. s.
29 1681a(d)(3), the term "consumer report" does not include:
30 a. Subject to 15 U.S.C. s. 1681s-3, any report containing
31 information solely as to transactions or experiences between the
32 consumer and the person making the report; communication of such
33 information among persons related by common ownership or
34 affiliated by corporate control; or communication of other
35 information among persons related by common ownership or
36 affiliated by corporate control, if it is clearly and
37 conspicuously disclosed to the consumer that the information may
38 be communicated among such persons and the consumer is given the
39 opportunity, before the time that the information is initially
40 communicated, to direct that such information not be
41 communicated among such persons;
42 b. Any authorization or approval of a specific extension
43 of credit directly or indirectly by the issuer of a credit card
44 or similar device;
45 c. Any report in which a person who has been requested by
46 a third party to make a specific extension of credit directly or
47 indirectly to a consumer conveys his or her decision with
48 respect to such request, if the third party advises the consumer
49 of the name and address of the person to whom the request was
50 made, and such person makes the disclosures to the consumer

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hb43-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 43 2025

51 required under 15 U.S.C. s. 1681m; or
52 d. A communication described in 15 U.S.C. s. 1681a(o) or
53 s. 1681a(x).
54 (b) "Consumer reporting agency" means any person who, for
55 monetary fees, dues, or on a cooperative nonprofit basis,
56 regularly engages in whole or in part in the practice of
57 assembling or evaluating consumer credit information or other
58 information on consumers for the purpose of furnishing consumer
59 reports to third parties, and which uses any means or facility
60 of interstate commerce for the purpose of preparing or
61 furnishing consumer reports.
62 (c) "Reusable tenant screening report" means a consumer
63 report that:
64 1. Is prepared within the previous 30 days by a consumer
65 reporting agency at the request and expense of an applicant.
66 2. Is made directly available to a landlord for use in the
67 rental application process or is provided through a third-party
68 website that regularly engages in the business of providing a
69 reusable tenant screening report and complies with all state and
70 federal laws pertaining to use and disclosure of information
71 contained in a consumer report by a consumer reporting agency.
72 3. Is available to the landlord at no cost to access or
73 use.
74 (2) A landlord may accept reusable tenant screening
75 reports and may require an applicant to state that there has not

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hb43-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 43 2025

76 been a material change to the information in the reusable tenant
77 screening report.
78 (3) A reusable tenant screening report must include all of
79 the following information:
80 (a) The applicant's full name.
81 (b) The applicant's contact information, including mailing
82 address, e-mail address, and telephone number.
83 (c) Verification of the applicant's employment.
84 (d) The applicant's last known address.
85 (e) The results of an eviction history check in a manner
86 and for a period of time consistent with applicable law related
87 to the consideration of eviction history in housing.
88 (f) The date through which the information contained in
89 the report is current.
90 (4) If an applicant provides a reusable tenant screening
91 report to a landlord who accepts such reports, the landlord may
92 not charge the applicant a fee to access the report or an
93 application screening fee.
94 (5) This section does not:
95 (a) Affect any other applicable law related to the
96 consideration of criminal history information in housing; or
97 (b) Require a landlord to accept reusable tenant screening
98 reports.
99 Section 2. This act shall take effect July 1, 2025.

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hb43-01-c1
HB 203
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 203 COMPANION BILLS: SB 1074 (McClain), SB 1738 (Ingolia)
TITLE: Transportation Concurrency LINKED BILLS: None
SPONSOR(S): Grow RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
The bill allows a local government’s comprehensive plan for transportation concurrency to identify facilities
necessary to either meet adopted levels of service or maintain current levels of service.

Fiscal or Economic Impact:
The bill has an indeterminate negative impact on local governments.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill amends Florida’s Community Planning Act. Specifically, for local governments that require transportation
concurrency, the bill provides that the capital improvement element of their respective comprehensive plans must
identify facilities necessary to meet adopted levels of service during a 5-year period or to maintain current levels of
service. (Section 1.)

In effect, the bill allows a local government that has imposed transportation concurrency requirements to identify
in its comprehensive plan only those facilities necessary to maintain current levels of service, not adopted levels of
service.

The bill has an effective date of July 1, 2025. (Section 2.)

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill has an indeterminate fiscal or economic impact on local governments.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Planning Act
Under Florida’s Community Planning Act (CPA),1 every local government2 is required to plan for future
development and growth by adopting, implementing, and amending as necessary a comprehensive plan.3 All

1 Pt. II, Ch. 163, F.S.
2 Local government means any county or municipality. S. 163.3164(29), F.S.
3 Ss. 163.3167(2), F.S. and 163.3177, F.S.

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1
elements of a plan or plan amendment must be based on relevant, appropriate data4 and an analysis by the local
government which may include surveys, studies, the respective community’s goals and visions, and other data
available at the time of adopting the plan or amendment.5

Among other requirements, each comprehensive plan must include a transportation element that addresses
mobility issues in relation to the size and character of the local government.6 The purpose of the transportation
element is for the local government to plan a multimodal transportation system with an emphasis on public
transportation systems, where feasible.7

The transportation element must:
 Provide for a safe, convenient multimodal transportation system, coordinated with the future land use
map or map series and designed to support all elements of the comprehensive plan; and
 Be coordinated with the plans and programs of any applicable metropolitan planning organization,
transportation authority, the Florida Transportation Plan, and the Department of Transportation adopted
work program.8

Transportation Concurrency
Under Florida’s concurrency laws, certain public facilities and services must be in place and available to serve new
development no later than the issuance of a certificate of occupancy or its functional equivalent by a local
government.9 “At its core, concurrency is a state requirement that development is not to proceed unless
infrastructure capacity and specific urban services are in place to service the new development.”10 Sanitary sewer,
solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency
requirement on a statewide basis;11 however, any local government may extend the concurrency requirement to
additional public facilities, such as transportation.12

If a local government chooses to apply concurrency to transportation facilities, the local government’s
comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of
service to guide the local government’s application of concurrency to the transportation facilities.13 Level of service
means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based
on and related to the operational characteristics of the facility; it must indicate the capacity per unit of demand for
each public facility.14

Further, the premise of concurrency is that the public facilities will be provided in order to achieve and maintain
the adopted level of service standard.15 A local government’s comprehensive plan that imposes transportation

4 To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on

that particular subject at the time of adoption of the plan or plan amendment at issue. S. 163.3177(1)(f), F.S.
5 S. 163.3177(1)(f), F.S.
6 S. 163.3177(6)(b), F.S.
7 Id.
8 Id.
9 S. 163.3180(2), F.S.
10 Chapin, Timothy S., T. Gregory, & J. Brown, Rethinking the Florida Transportation Concurrency Mandate (Aug. 2007),

https://gradschool.fsu.edu/sites/g/files/imported/storage/original/application/d4bd2fba3ffe3f180a973d0d838aac7c.pdf
(last visited Mar. 27, 2025).
11 S. 163.3180(1), F.S.
12 Id.
13 S. 163.3180(5)(a), F.S.
14 S. 163.3164(28), F.S.
15 S. 163.3180(5)(d), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
concurrency must contain appropriate amendments to the capital improvements element16 of its comprehensive
plan.17

Under current law, for a local government that imposes transportation concurrency, the capital improvement
element of its comprehensive plan must identify facilities necessary to meet adopted levels of service during a 5-
year period.18

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/CS/CS/HB Duggan DiCeglie Died in the House. Among
1177 other things, modified
requirements for local
governments implementing
transportation concurrency
requirements.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee

16 “Capital improvement” means physical assets constructed or purchased to provide, improve, or replace a public facility and

which are typically large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require
multiyear financing. For the purposes of the CPA, physical assets that have been identified as existing or projected needs in the
individual comprehensive plan elements are considered capital improvements. S. 163.3164(7), F.S.
17 S. 163.3180(5)(d), F.S.
18 Id.

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3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 203 2025

1 A bill to be entitled
2 An act relating to transportation concurrency;
3 amending s. 163.3180, F.S.; revising facilities
4 required to be identified in the capital improvements
5 element of a comprehensive plan that imposes
6 transportation concurrency; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (d) of subsection (5) of section
12 163.3180, Florida Statutes, is amended to read:
13 163.3180 Concurrency.—
14 (5)
15 (d) The premise of concurrency is that the public
16 facilities will be provided in order to achieve and maintain the
17 adopted level of service standard. A comprehensive plan that
18 imposes transportation concurrency shall contain appropriate
19 amendments to the capital improvements element of the
20 comprehensive plan, consistent with the requirements of s.
21 163.3177(3). The capital improvements element shall identify
22 facilities necessary to meet adopted levels of service during a
23 5-year period or to maintain current levels of service.
24 Section 2. This act shall take effect July 1, 2025.

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hb203-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

HB 203 by Rep. Grow
Relating to Transportation Concurrency

AMENDMENT SUMMARY
April 1, 2025

Amendment 1 by Rep. Grow (Line 23): The amendment limits the authorization for a local
government’s comprehensive plan for transportation concurrency to identify facilities necessary to
either meet adopted levels of service or maintain current levels of service to counties with a
population of 200,000 or less.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 203 (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: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Grow offered the following:
4
5 Amendment (with title amendment)
6 Remove line 23 and insert:
7 5-year period or to maintain current levels of service for small
8 counties, as defined in s. 339.2818(2).
9
10 -----------------------------------------------------
11 T I T L E A M E N D M E N T
12 Remove line 6 and insert:
13 transportation concurrency for small counties;
14 providing an effective

084647 - h0203-line23.docx
Published On: 3/31/2025 8:42:10 AM
Page 1 of 1
HB 211
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 211 COMPANION BILL: SB 374 (Truenow)
TITLE: Farm Products LINKED BILLS: None
SPONSOR(S): Cobb RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
The bill amends the definition of “farm product” to include plants and plant products, regardless of whether the
plants and plant products are edible or nonedible.

The bill prohibits a governmental entity from prohibiting, restricting, or regulating a bona fide farm operation that
involves the collection, storage, processing, and distribution of a farm product on agricultural land.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill amends the definition of “farm product” to mean plants and plant products,1 regardless of whether the
plants and plant products are edible or nonedible, or any animal use to humans and includes, but is not limited to,
any product derived therefrom. (Section 1.)

The bill prohibits a governmental entity2 from adopting or enforcing any ordinance, resolution, regulation, rule, or
policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation that involves the
collection, storage, processing, and distribution of a farm product on agricultural land. (Section 1.)

The bill has an effective date of July 1, 2025. (Section 3.)

1 For purposes of these provisions, “plants and plant products” mean tress, shrubs, vines, forage and cereal plants, and all

other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all
products made from them, unless specifically excluded by the rules of the Department of Agriculture and Consumer Services.
S. 581.011(27), F.S.
2 For purposes of these provisions, “governmental entity” means local and regional government entities but does not include a

water management district, a water control district established under ch. 298, F.S., or a special district created by special act
for water management purposes. Ss. 164.1031(3) and 163.3162(d), F.S.
STORAGE NAME: h0211.HAT
DATE: 3/28/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Agriculture in Florida

As of 2024, Florida has 44,400 farm operations3 covering 9.7 million acres of farmland.4 In 2023, Florida ranked
first in the United States in the value of production for floriculture, Valencia oranges, sugarcane, watermelons and
sweet corn. The state ranked second in value of production for bell peppers, all oranges, strawberries, tomatoes
grown in the open, and non-Valencia oranges; ranked third nationally in cabbage and grapefruit; and ranked fourth
nationally in peanuts.5

Regulation of Bona Fide Farm Operations

To prevent duplication of regulation, a Florida governmental entity6 is prohibited from exercising any of its powers
to adopt or enforce any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise
limit an activity of a bona fide farm operation on land classified as agriculture land,7 if such activity is:
 Regulated through implemented best management practices, interim measures, or regulations adopted as
rules under ch. 120, F.S.,8 by the Department of Environmental Protection, the Department of Agriculture
and Consumer Services, or a water management district as part of a statewide or regional program; or
 Regulated by the U.S. Department of Agriculture, the U.S. Army Corps of Engineers, or the U.S.
Environmental Protection Agency.9

Classification of Agricultural Land

Under Florida law, a property appraiser must, on an annual basis, classify all lands within a county for tax
assessment purposes as either agricultural or nonagricultural.10 Subject to certain restrictions, only lands that are
used primarily for bona fide agricultural purposes may be classified as agricultural.11 For purposes of this
classification, the term “bona fide agricultural purposes” means good faith commercial agricultural use of the land,
which includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, pisciculture,
aquaculture, algaculture, sod farming, and all forms of farm products and farm production.12

Currently, Florida law defines “farm product” as any plant13 or animal useful to humans and includes, but is not
limited to, any product derived therefrom.14

3 “Farm operations” means all conditions or activities by the owner, lessee, agent, independent contractor, or supplier which

occur on a farm in connection with the production of farm, honeybee, or apiculture products or in connection with
complementary agritourism activities. These conditions and activities include, but are not limited to, the marketing of farm
products at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors,
dust, fumes, and particle emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the
application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism activities; and the
employment and use of labor. S. 823.14(3)(d), F.S.
4 USDA’s National Agricultural Statistics Service Florida Field Office, 2024 State Agricultural Overview,

https://www.nass.usda.gov/Quick_Stats/Ag_Overview/stateOverview.php?state=FLORIDA (last visited Mar. 27, 2025).
5 Department of Agriculture and Consumer Services, Florida Agriculture Overview and Statistics,

https://www.fdacs.gov/Agriculture-Industry/Florida-Agriculture-Overview-and-Statistics (last visited Mar. 27, 2025).
6 Supra note 2.
7 See s. 193.461, F.S.
8 Ch. 120, F.S., is the Administrative Procedure Act. See s. 210.51, F.S.
9 S. 163.3162(3)(a), F.S.
10 S. 193.461(1), F.S.
11 S. 193.461(3)(b), F.S.
12 Ss. 193.461(3)(b) and 193.461(5), F.S.
13 Supra note 1.
14 S. 163.3162(2)(c), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
RECENT LEGISLATION:

YEAR BILL # HOUSE SENATE OTHER INFORMATION
SPONSOR(S) SPONSOR
2024 CS/CS/HB Tuck, Alvarez, D. Collins It prohibited governmental entities from
1051 restricting housing construction for legally
verified agricultural workers on certain
agricultural land, among other things. The
Senate companion was vetoed.
2023 CS/CS/CS/HB Tuck, Truenow Collins It prohibited counties from imposing
1343 special assessments on agricultural lands,
among other things. It died in House
returning messages, but a related Senate
bill passed.
2023 CS/HB 1361 Truenow Bradley It prohibited local governments from
regulating the collection, storage,
processing, or distribution of organic
material products. It died on the House
Second Reading calendar.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 211 2025

1 A bill to be entitled
2 An act relating to farm products; amending s.
3 163.3162, F.S.; revising the definition of the term
4 "farm product"; providing that the collection,
5 storage, processing, and distribution of a farm
6 product is an activity of a bona fide farm operation
7 which a governmental entity may not prohibit,
8 restrict, regulate, or otherwise limit; reenacting s.
9 163.3177(7)(b), F.S., relating to the definition of
10 the term "rural agricultural industrial center," to
11 incorporate the amendment made to s. 163.3162, F.S.,
12 in a reference thereto; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (c) of subsection (2) and paragraph
17 (a) of subsection (3) of section 163.3162, Florida Statutes, are
18 amended to read:
19 163.3162 Agricultural lands and practices.—
20 (2) DEFINITIONS.—As used in this section, the term:
21 (c) "Farm product" means plants and plant products any
22 plant, as defined in s. 581.011, regardless of whether such
23 plants and plant products are edible or nonedible, or any animal
24 useful to humans and includes, but is not limited to, any
25 product derived therefrom.

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HB 211 2025

26 (3) DUPLICATION OF REGULATION.—Except as otherwise
27 provided in this section and s. 487.051(2), and notwithstanding
28 any other law, including any provision of chapter 125 or this
29 chapter:
30 (a) A governmental entity may not exercise any of its
31 powers to adopt or enforce any ordinance, resolution,
32 regulation, rule, or policy to prohibit, restrict, regulate, or
33 otherwise limit an activity of a bona fide farm operation,
34 including, but not limited to, the collection, storage,
35 processing, and distribution of a farm product, on land
36 classified as agricultural land pursuant to s. 193.461, if such
37 activity is regulated through implemented best management
38 practices, interim measures, or regulations adopted as rules
39 under chapter 120 by the Department of Environmental Protection,
40 the Department of Agriculture and Consumer Services, or a water
41 management district as part of a statewide or regional program;
42 or if such activity is expressly regulated by the United States
43 Department of Agriculture, the United States Army Corps of
44 Engineers, or the United States Environmental Protection Agency.
45 Section 2. For the purpose of incorporating the amendment
46 made by this act to section 163.3162, Florida Statutes, in a
47 reference thereto, paragraph (b) of subsection (7) of section
48 163.3177, Florida Statutes, is reenacted to read:
49 163.3177 Required and optional elements of comprehensive
50 plan; studies and surveys.—

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HB 211 2025

51 (7)
52 (b) As used in this subsection, the term "rural
53 agricultural industrial center" means a developed parcel of land
54 in an unincorporated area on which there exists an operating
55 agricultural industrial facility or facilities that employ at
56 least 200 full-time employees in the aggregate and process and
57 prepare for transport a farm product, as defined in s. 163.3162,
58 or any biomass material that could be used, directly or
59 indirectly, for the production of fuel, renewable energy,
60 bioenergy, or alternative fuel as defined by law. The center may
61 also include land contiguous to the facility site which is not
62 used for the cultivation of crops, but on which other existing
63 activities essential to the operation of such facility or
64 facilities are located or conducted. The parcel of land must be
65 located within, or within 10 miles of, a rural area of
66 opportunity.
67 Section 3. This act shall take effect July 1, 2025.

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hb211-00
HB 897
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 897 COMPANION BILL: SB 496 (McClain)
TITLE: Timeshare Plan Management LINKED BILLS: None
SPONSOR(S): Berfield RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Civil Justice & Claims Commerce
 

SUMMARY
Effect of the Bill:
The bill exempts community association managers (CAMs) and CAM firms that manage timeshare plans from
certain requirements relating to conflicts of interest. The bill specifies that timeshare management firms and
licensed CAMs who are employed by a timeshare management firm are governed by certain provisions in the
Vacation Plan and Timesharing Act.

Additionally, the bill requires:
 Timeshare management firms and licensed CAMs that are employed by a timeshare management firm to
discharge their duties in good faith, and exempts such firms and licensed CAMs from certain liability for
monetary damages.
 The board of administration of a timeshare condominium to meet only once a year, but does not prohibit
additional board meetings from being called.
 Requires that, if a timeshare management firm that is an agent of an owners’ association or an owners’
association provides goods or services through arrangements with a parent, affiliate, or subsidiary of the
timeshare management firm, the existence of the arrangement must be disclosed annually to the members
of the owners’ association as part of the common expense budgeting process, as an explanatory note to the
annual budget, or otherwise.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill exempts community association managers (CAMs) and CAM firms that manage a timeshare plan governed
by the Vacation Plan and Timesharing Act1 from certain requirements and prohibitions relating to conflicts of
interest2 for CAMs and CAM firms. (Section 2.)

The bill specifies that timeshare management firms and licensed CAMs that are employed by a timeshare
management firm are governed by s. 468.438, F.S.,3 and s. 721.13, F.S.4 (Section 3.)

1 Ch. 721, F.S.
2 See s. 468.4335, F.S.
3 S. 468.438, F.S., governs the licensure and regulation of timeshare management firms by Florida’s Department of Business

and Professional Regulation.
4 S. 721.13, F.S., governs the management of timeshare plans under the Florida Vacation Plan and Timesharing Act.

STORAGE NAME: h0897.HAT
DATE: 3/30/2025
1
The bill requires timeshare management firms and licensed CAMs who are employed by a timeshare management
firm to discharge their duties in good faith, with the care an ordinarily prudent person in a like position would
exercise under similar circumstances, and in a manner they reasonably believe to be in the interests of the owners’
association. (Section 4.)

The bill also exempts timeshare management firms and licensed CAMs that are employed by a timeshare
management firm from certain liability for monetary damages,5 unless the firm or licensed CAM breached or failed
to perform their duties and the breach of, or failure to perform, such duties constitutes:
 A violation of criminal law as provided in s. 617.0834, F.S.;6
 A transaction from which the firm or licensed CAM derived an improper personal benefit, either directly or
indirectly; or
 Constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property. (Section 4.)

The bill requires7 a board of administration of a timeshare condominium to meet only once a year, unless
additional board meetings are called. Additionally, if a timeshare management firm that is an agent of an owners’
association or an owners’ association provides goods or services through arrangements with a parent, affiliate, or
subsidiary of the timeshare management firm, the bill requires the existence of such arrangements to be disclosed
annually to the members of that owners’ association as part of the common expense budgeting process, as an
explanatory note to the annual budget, or otherwise. (Section 4.)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Association Managers and Firms

Under Florida law, a community association is a residential homeowners’ association in which membership is a
condition of ownership of a unit in a planned unit development, or of a lot for a home or a mobile home, or of a
townhouse, villa, condominium, cooperative, or other residential unit which is part of a residential development
scheme and which is authorized to impose a fee which may become a lien on the parcel.8

Community association managers9 (CAMs) and community association management firms10 (CAM firms) provide
community association management services, which means any of the following practices that require substantial
specialized knowledge, judgement, and managerial skill when done for compensation and when the community
association served contains more than 10 units or has an annual budget in excess of $100,000:
 Controlling or disbursing funds of an association;
 Preparing budgets or other financial documents for an association;
 Assisting in the noticing or conduct of association meetings;
 Determining the number of days required for statutory notices;
 Determining amounts due to the association;
 Collecting amounts due to the association before the filing of a civil action;
 Calculating the votes required for a quorum or to approve a proposition or amendment;
 Completing forms related to the management of an association;
 Drafting meeting notices and agendas;
 Calculating and preparing certificates of assessment and estoppel certificates;
 Responding to requests for certificates of assessment and estoppel certificates;

5 See s. 617.0834, F.S.
6 s. 617.0834, F.S., governs activities relating to officers and directors of certain non-profit corporations and associations and

their immunity from civil liability.
7 This requirement is notwithstanding the other provisions of ch. 718, F.S., the Florida Condominium Act.
8 S. 468.431(1), F.S.
9 See s. 468.431(4), F.S.
10 See s. 468.432(3), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
 Negotiating monetary or performance terms of a contract subject to approval by an association;
 Drafting pre-arbitration demands;
 Coordinating or performing maintenance for real or personal property and other related routine services
involved in the operation of an association; and
 Complying with an association’s governing documents and the requirements of law as necessary to
perform any of the above activities.11

Licensure and Regulation

CAMs and CAM firms are licensed and regulated by the Department of Business and Professional Regulation
(DBPR), and the seven-member Regulatory Council of Community Association Managers within DBPR, pursuant to
part VIII of chapter 468, F.S.12 A person may not manage (or hold herself or himself out to the public as being able
to manage) a community association in the state unless he or she is licensed by DBPR.13 Similarly, a CAM firm or
other organization responsible for the management of more than 10 units or an association budget of $100,000 or
greater may not engage (or hold itself out to the public as being able to engage) in the business of community
association management in the state unless it is licensed by DBPR.14

Under Florida law, a CAM or CAM firm is deemed to act as an agent of a community association when performing
duties within the scope of authority authorized by a written contract with the association or chapter 468, F.S.
Additionally, a CAM or CAM firm must discharge duties authorized to be performed on behalf of an association:
 Loyally, skillfully, and diligently;
 Dealing honestly and fairly;
 In good faith;
 With care and full disclosure to the community association;
 Accounting for all funds; and
 Not charging unreasonable or excessive fees.15

Florida law requires a CAM or CAM firm to return all official records of a community association within its
possession to the association with 20 business days after termination of an agreement to provide community
association management services to the association or receipt of a written request for return of the official records,
whichever occurs first.16

Conflicts of Interest

A CAM or CAM firm, including directors, officers, and persons with a financial interest in a CAM firm, or a relative17
of such persons, must disclose to the board of a community association any activity that may reasonably be
construed to be a conflict of interest.18 There is a rebuttable presumption that a conflict of interest exists if any of
the following occurs without prior notice:
 A CAM or CAM firm, including directors, officers, and persons with a financial interest in a CAM firm, or a
relative of such persons, enters into a contract for goods or services with the association.19
 A CAM or CAM firm, including directors, officers, and persons with a financial interest in a CAM firm, or a
relative of such persons, holds an interest in or receives compensation or anything of value from a
corporation, limited liability corporation, partnership, limited liability partnership, or other business entity

11 S. 468.431(2), F.S.
12 See ss. 468.432(1) and 468.4315, F.S.
13 S. 468.432(1), F.S.
14 S. 468.432(2), F.S.
15 S. 468.4334(1)(a), F.S.
16 S. 468.4334(4), F.S.
17 For purposes of these provisions, “relative” means a relative within the third degree of consanguinity by blood or marriage.

S. 468.4335(6), F.S.
18 S. 468.4335(1), F.S.
19 S. 468.4335(1)(a), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
that conducts business with the association or proposes to enter into a contract or other transaction with
the association.20

If a CAM or CAM firm, including directors, officers, and persons with a financial interest in a CAM firm, or a relative
of such persons, proposes to engage in an activity that is a conflict of interest described above, the proposed
activity must be listed on, and all contracts and transactional documents related to the proposed activity must be
attached to, the meeting agenda of the next board of administration meeting.21

In the event a community association’s board discovers that a CAM or CAM firm, including directors, officers, and
persons with a financial interest in a CAM firm, or a relative of such persons, has violated Florida’s laws relating to
conflicts of interests for CAMs and CAM firms, the association may cancel its community association management
contract with the CAM or CAM firm.22 If the contract is canceled, the association is liable only for the reasonable
value of the management services provided up to the time of cancellation and is not liable for any termination fees,
liquidated damages, or other form of penalty for such cancellation.23

Florida Vacation Plan and Timesharing Act

The Florida Vacation Plan and Timesharing Act24 (Timeshare Act), administered by the Division of Florida
Condominiums, Timeshares, and Mobile Homes (Division) within DBPR, governs vacation plans and timeshare
plans in the state. A timeshare plan is any arrangement, plan, scheme, or similar device (other than an exchange
program), whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or
right-to-use agreement or by any other means, whereby a purchaser, for consideration, receives ownership rights
in or a right to use accommodations, and facilities, if any, for a period of time less than a full year during any given
year, but not necessarily for consecutive years.25

The purpose of the Timeshare Act is to:
 Recognize real and personal property timeshare plans in the state;
 Establish procedures for the creation, sale, exchange, promotion and operation of timeshare plans;
 Provide full and fair disclosure to purchasers and prospective purchasers of timeshare plans;
 Require every timeshare plan in the state to be subjected to the provisions of the chapter;
 Require full and fair disclosure of terms, conditions, and services by resale service providers; and
 Recognize that a uniform and consistent method of regulation is necessary to safeguard Florida's tourism
industry and the state's economic well-being.26

The Timeshare Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of
at least three years when the accommodations and facilities are located or offered within this state.27 The
Timeshare Act governs vacation plans and timesharing,28 and multisite vacation and timeshare plans known as
vacation clubs.29

20 S. 468.4335(1)(b), F.S.
21 S. 468.4335(3), F.S.
22 S. 468.4335(4), F.S.
23 Id.
24 Ch. 721, F.S.
25 S. 721.05(39), F.S.
26 S. 721.02, F.S.
27 S. 721.03(1), F.S.
28 See p. I of ch. 721, F.S.
29 See pt. II of ch. 721, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Managing Entity of a Timeshare

The Timeshare Act requires a developer to provide a managing entity for each timeshare plan.30 The managing
entity is the person or organization responsible for operating and maintaining the timeshare plan.31 The managing
entity may be the developer, a separate manager or management firm, or an owners' association,32 and must be
created prior to the first closing of the sale of a timeshare interest.33

The duties of a managing entity of a timeshare plan include, but are not limited to:
 Management and maintenance of all accommodations and facilities constituting the timeshare plan.
 Collection of all assessments for common expenses.
 Providing annually to all purchasers of the timeshare plan an itemized annual budget that includes
estimated revenues and expenses.
 Maintenance of books and records concerning the timeshare plan, so that all such books and records are
reasonably available for inspection by any purchaser or their authorized agent.
 Arranging for an annual audit of the financial statements of the timeshare plan by a certified public
accountant licensed by the Board of Accountancy of DBPR, in accordance with generally accepted auditing
standards as defined by the rules of the Board of Accountancy.
 Making available for inspection by the Division any books and records of the timeshare plan upon the
request of the Division.
 Scheduling occupancy of the timeshare units, when purchasers are not entitled to use specific timeshare
periods, so that all purchasers will be provided the use and possession of the accommodations and facilities
of the timeshare plan which they have purchased.
 Performing any other functions and duties which are necessary and proper to maintain the
accommodations or facilities of the timeshare plan, as provided in the contract and as advertised.
 Entering into an ad valorem tax escrow agreement prior to the receipt of any ad valorem tax escrow
payments into the ad valorem tax escrow account, if an independent escrow agent is required by s.
192.037, F.S., and submitting to the Division the statement of receipts and disbursements regarding the ad
valorem tax escrow account.34

Under the Timeshare Act, a managing entity that is an officer, director, or agent of an owners’ association must
discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would
exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the
owners’ association.35 An officer, director, or agent of an owners’ association is exempt from liability for monetary
damages, unless the officer, director, or agent breached or failed to perform his or her duties and the breach of, or
failure to perform, his or her duties constitutes:
 A violation of criminal law as provided in s. 617.0834, F.S.;
 A transaction from which the officer or director derived an improper personal benefit, either directly or
indirectly; or
 An act or omission that was reckless, in bad faith, with malicious purpose, or in a manner exhibiting
wanton and willful disregard of human rights, safety, or property.36

30 S. 721.13(1)(a), F.S.
31 See s. 721.05(22), F.S.
32 An owners’ association is an association made up of all owners of timeshare interests in a timeshare plan, including

developers and purchasers of the timeshare plan. S. 721.105(27), F.S.
33 S. 721.13(1)(a), F.S.
34 S. 721.13(3), F.S.
35 S. 721.13(13), F.S.
36 Id.

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5
RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/HB 429 Robinson, W. Perry Amended several provisions in the
Timeshare Act. Approved by the Governor.
2024 CS/CS/CS/HB Lopez, V. Bradley Amended certain laws relating to CAMs
1021 and CAM firms. Approved by the Governor.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee

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

HB 897 2025

1 A bill to be entitled
2 An act relating to timeshare plan management; amending
3 s. 468.4334, F.S.; conforming provisions to changes
4 made by the act; amending s. 468.4335, F.S.; revising
5 applicability for provisions governing conflicts of
6 interest between community association managers or
7 community association management firms and certain
8 persons with a financial interest in such
9 associations; amending s. 468.438, F.S.; providing
10 construction; amending s. 721.13, F.S.; deleting a
11 provision requiring managing entities that perform
12 community association management to comply with
13 certain provisions related to community association
14 management firms; requiring timeshare management firms
15 and individuals employed by timeshare management firms
16 to discharge their duties in good faith; exempting
17 such firms and individuals from liability for monetary
18 damages; requiring the board of administration of a
19 timeshare condominium to meet once per year; providing
20 an exception; requiring disclosure of certain
21 information annually to certain persons if a timeshare
22 management firm or an owners' association provides
23 goods and services through arrangements with specified
24 entities; providing construction; reenacting s.
25 721.14(2), F.S., relating to discharge of a managing

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HB 897 2025

26 entity, to incorporate the amendment made to s.
27 721.13, F.S., in a reference thereto; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (4) of section 468.4334, Florida
33 Statutes, is amended to read:
34 468.4334 Professional practice standards; liability;
35 community association manager requirements; return of records
36 after termination of contract.—
37 (4) A community association manager or a community
38 association management firm shall return all community
39 association official records within its possession to the
40 community association within 20 business days after termination
41 of a contractual agreement to provide community association
42 management services to the community association or receipt of a
43 written request for return of the official records, whichever
44 occurs first. A notice of termination of a contractual agreement
45 to provide community association management services must be
46 sent by certified mail, return receipt requested, or in the
47 manner required under such contractual agreement. The community
48 association manager or community association management firm may
49 retain, for up to 20 business days, those records necessary to
50 complete an ending financial statement or report. If an

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HB 897 2025

51 association fails to provide access to or retention of the
52 accounting records to prepare an ending financial statement or
53 report, the community association manager or community
54 association management firm is relieved from any further
55 responsibility or liability relating to the preparation of such
56 ending financial statement or report. Failure of a community
57 association manager or a community association management firm
58 to timely return all of the official records within its
59 possession to the community association creates a rebuttable
60 presumption that the community association manager or community
61 association management firm willfully failed to comply with this
62 subsection. A community association manager or a community
63 association management firm that fails to timely return
64 community association records is subject to suspension of its
65 license under s. 468.436, and a civil penalty of $1,000 per day
66 for up to 10 business days, assessed beginning on the 21st
67 business day after termination of a contractual agreement to
68 provide community association management services to the
69 community association or receipt of a written request from the
70 association for return of the records, whichever occurs first.
71 However, for a timeshare plan governed by created under chapter
72 721, s. 721.14(4) applies the time periods provided in s.
73 721.14(4)(b) apply.
74 Section 2. Subsection (7) is added to section 468.4335,
75 Florida Statutes, to read:

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HB 897 2025

76 468.4335 Conflicts of interest.—
77 (7) This section does not apply to a community association
78 manager or a community association management firm that manages
79 a timeshare plan governed by chapter 721.
80 Section 3. Subsection (3) is added to section 468.438,
81 Florida Statutes, to read:
82 468.438 Timeshare management firms.—
83 (3) A timeshare management firm and any individual
84 licensed under this part who is employed by a timeshare
85 management firm are governed by s. 721.13.
86 Section 4. Paragraph (e) of subsection (1) and subsections
87 (4), (10), and (13) of section 721.13, Florida Statutes, are
88 amended to read:
89 721.13 Management.—
90 (1)
91 (e) Any managing entity performing community association
92 management must comply with part VIII of chapter 468.
93 (4) The managing entity shall maintain among its records
94 and provide to the division upon request a complete list of the
95 names and addresses of all purchasers and owners of timeshare
96 units in the timeshare plan. The managing entity shall update
97 this list no less frequently than quarterly. Pursuant to
98 paragraph (3)(d), the managing entity may not publish this
99 owner's list or provide a copy of it to any purchaser or to any
100 third party other than the division. However, the managing

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HB 897 2025

101 entity shall mail to those persons listed on the owner's list
102 materials provided by any purchaser, upon the written request of
103 that purchaser, if the purpose of the mailing is to advance
104 legitimate owners' association business, such as a proxy
105 solicitation for any purpose, including the recall of one or
106 more board members elected by the owners or the discharge of the
107 manager or management firm. The use of any proxies solicited in
108 this manner must comply with the provisions of the timeshare
109 instrument and this chapter. A mailing requested for the purpose
110 of advancing legitimate owners' association business shall occur
111 within 30 days after receipt of a request from a purchaser. The
112 board of administration of the owners' association shall be
113 responsible for determining the appropriateness of any mailing
114 requested pursuant to this subsection. The purchaser who
115 requests the mailing must reimburse the owners' association in
116 advance for the owners' association's actual costs in performing
117 the mailing. It is shall be a violation of this chapter and, if
118 applicable, of part VIII of chapter 468, for the board of
119 administration or the manager or management firm to refuse to
120 mail any material requested by the purchaser to be mailed,
121 provided the sole purpose of the materials is to advance
122 legitimate owners' association business. If the purpose of the
123 mailing is a proxy solicitation to recall one or more board
124 members elected by the owners or to discharge the manager or
125 management firm and the managing entity does not mail the

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126 materials within 30 days after receipt of a request from a
127 purchaser, the circuit court in the county where the timeshare
128 plan is located may, upon application from the requesting
129 purchaser, summarily order the mailing of the materials solely
130 related to the recall of one or more board members elected by
131 the owners or the discharge of the manager or management firm.
132 The court shall dispose of an application on an expedited basis.
133 In the event of such an order, the court may order the managing
134 entity to pay the purchaser's costs, including attorney's fees
135 reasonably incurred to enforce the purchaser's rights, unless
136 the managing entity can prove it refused the mailing in good
137 faith because of a reasonable basis for doubt about the
138 legitimacy of the mailing.
139 (10) Any failure of the managing entity to faithfully
140 discharge the fiduciary duty to purchasers imposed by this
141 section or to otherwise comply with the provisions of this
142 section is shall be a violation of this chapter and of part VIII
143 of chapter 468.
144 (13)(a) Notwithstanding any provisions of chapter 607,
145 chapter 617, or chapter 718, an officer, director, or agent of
146 an owners' association, including a timeshare management firm
147 and any individual licensed under part VIII of chapter 468
148 employed by the timeshare management firm, shall discharge its
149 his or her duties in good faith, with the care an ordinarily
150 prudent person in a like position would exercise under similar

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151 circumstances, and in a manner it he or she reasonably believes
152 to be in the interests of the owners' association. An officer,
153 director, or agent of an owners' association, including a
154 timeshare management firm and any individual licensed under part
155 VIII of chapter 468 employed by the timeshare management firm,
156 are shall be exempt from liability for monetary damages in the
157 same manner as provided in s. 617.0834 unless such officer,
158 director, or agent, or firm breached or failed to perform its
159 his or her duties and the breach of, or failure to perform, its
160 his or her duties constitutes a violation of criminal law as
161 provided in s. 617.0834; constitutes a transaction from which
162 the officer or director derived an improper personal benefit,
163 either directly or indirectly; or constitutes recklessness or an
164 act or omission that was in bad faith, with malicious purpose,
165 or in a manner exhibiting wanton and willful disregard of human
166 rights, safety, or property.
167 (b) Notwithstanding chapter 718, the board of
168 administration of a timeshare condominium is required to meet
169 only once each year, unless additional board meetings are called
170 pursuant to a timeshare instrument.
171 (c)1. If a timeshare management firm that is an agent of
172 an owners' association or an owners' association provides goods
173 or services through arrangements with a parent, affiliate, or
174 subsidiary of the timeshare management firm, the existence of
175 such arrangements must be disclosed annually to the members of

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HB 897 2025

176 that owners' association as part of the common expense budgeting
177 process, as an explanatory note to the annual budget, or
178 otherwise.
179 2. A timeshare management firm and any individual licensed
180 under part VIII of chapter 468 employed by the timeshare
181 management firm are governed by this section and s. 468.438.
182 Section 5. For the purpose of incorporating the amendment
183 made by this act to section 721.13, Florida Statutes, in a
184 reference thereto, subsection (2) of section 721.14, Florida
185 Statutes, is reenacted to read:
186 721.14 Discharge of managing entity.—
187 (2) In the event the manager or management firm is
188 discharged, the board of administration of the owners'
189 association shall remain responsible for operating and
190 maintaining the timeshare plan pursuant to the timeshare
191 instrument and s. 721.13(1). If the board of administration
192 fails to do so, any timeshare owner may apply to the circuit
193 court within the jurisdiction of which the accommodations and
194 facilities lie for the appointment of a receiver to manage the
195 affairs of the owners' association and the timeshare plan. At
196 least 30 days before applying to the circuit court, the
197 timeshare owner shall mail to the owners' association and post
198 in a conspicuous place on the timeshare property a notice
199 describing the intended action. If a receiver is appointed, the
200 owners' association shall be responsible as a common expense of

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201 the timeshare plan, for payment of the salary and expenses of
202 the receiver, relating to the discharge of her or his duties and
203 obligations as receiver, together with the receiver's court
204 costs, and reasonable attorney's fees. The receiver shall have
205 all powers and duties of a duly constituted board of
206 administration and shall serve until discharged by the circuit
207 court.
208 Section 6. This act shall take effect July 1, 2025.

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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

HB 897 by Rep. Berfield
Relating to Timeshare Plan Management

AMENDMENT SUMMARY
April 1, 2025

Amendment 1 by Rep. Berfield (Strike-All): The amendment clarifies disclosure requirements
for timeshare management firms and owners’ associations that provide goods and services through
a related party to the owners’ association and makes other clarifying, technical changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 897 (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: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Berfield offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (4) of section 468.4334, Florida
8 Statutes, is amended to read:
9 468.4334 Professional practice standards; liability;
10 community association manager requirements; return of records
11 after termination of contract.—
12 (4) A community association manager or a community
13 association management firm shall return all community
14 association official records within its possession to the
15 community association within 20 business days after termination
16 of a contractual agreement to provide community association
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 897 (2025)
Amendment No. 1

17 management services to the community association or receipt of a
18 written request for return of the official records, whichever
19 occurs first. A notice of termination of a contractual agreement
20 to provide community association management services must be
21 sent by certified mail, return receipt requested, or in the
22 manner required under such contractual agreement. The community
23 association manager or community association management firm may
24 retain, for up to 20 business days, those records necessary to
25 complete an ending financial statement or report. If an
26 association fails to provide access to or retention of the
27 accounting records to prepare an ending financial statement or
28 report, the community association manager or community
29 association management firm is relieved from any further
30 responsibility or liability relating to the preparation of such
31 ending financial statement or report. Failure of a community
32 association manager or a community association management firm
33 to timely return all of the official records within its
34 possession to the community association creates a rebuttable
35 presumption that the community association manager or community
36 association management firm willfully failed to comply with this
37 subsection. A community association manager or a community
38 association management firm that fails to timely return
39 community association records is subject to suspension of its
40 license under s. 468.436, and a civil penalty of $1,000 per day
41 for up to 10 business days, assessed beginning on the 21st
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 897 (2025)
Amendment No. 1

42 business day after termination of a contractual agreement to
43 provide community association management services to the
44 community association or receipt of a written request from the
45 association for return of the records, whichever occurs first.
46 However, for a timeshare plan governed by created under chapter
47 721, s. 721.14(4) applies the time periods provided in s.
48 721.14(4)(b) apply.
49 Section 2. Subsection (7) is added to section 468.4335,
50 Florida Statutes, to read:
51 468.4335 Conflicts of interest.—
52 (7) This section does not apply to a community association
53 manager or a community association management firm that manages
54 a timeshare plan governed by chapter 721 who provides disclosure
55 under s. 721.13(13)(c)1.
56 Section 3. Subsection (3) is added to section 468.438,
57 Florida Statutes, to read:
58 468.438 Timeshare management firms.—
59 (3) A timeshare management firm and any individual
60 licensed under this part who is employed by a timeshare
61 management firm are governed by s. 721.13 and not by the
62 provisions of s. 468.4335.
63 Section 4. Paragraph (e) of subsection (1) and subsections
64 (4), (10), and (13) of section 721.13, Florida Statutes, are
65 amended to read:
66 721.13 Management.—
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Bill No. HB 897 (2025)
Amendment No. 1

67 (1)
68 (e) Any managing entity performing community association
69 management must comply with part VIII of chapter 468.
70 (4) The managing entity shall maintain among its records
71 and provide to the division upon request a complete list of the
72 names and addresses of all purchasers and owners of timeshare
73 units in the timeshare plan. The managing entity shall update
74 this list no less frequently than quarterly. Pursuant to
75 paragraph (3)(d), the managing entity may not publish this
76 owner's list or provide a copy of it to any purchaser or to any
77 third party other than the division. However, the managing
78 entity shall mail to those persons listed on the owner's list
79 materials provided by any purchaser, upon the written request of
80 that purchaser, if the purpose of the mailing is to advance
81 legitimate owners' association business, such as a proxy
82 solicitation for any purpose, including the recall of one or
83 more board members elected by the owners or the discharge of the
84 manager or management firm. The use of any proxies solicited in
85 this manner must comply with the provisions of the timeshare
86 instrument and this chapter. A mailing requested for the purpose
87 of advancing legitimate owners' association business shall occur
88 within 30 days after receipt of a request from a purchaser. The
89 board of administration of the owners' association shall be
90 responsible for determining the appropriateness of any mailing
91 requested pursuant to this subsection. The purchaser who
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 897 (2025)
Amendment No. 1

92 requests the mailing must reimburse the owners' association in
93 advance for the owners' association's actual costs in performing
94 the mailing. It is shall be a violation of this chapter and, if
95 applicable, of part VIII of chapter 468, for the board of
96 administration or the manager or management firm to refuse to
97 mail any material requested by the purchaser to be mailed,
98 provided the sole purpose of the materials is to advance
99 legitimate owners' association business. If the purpose of the
100 mailing is a proxy solicitation to recall one or more board
101 members elected by the owners or to discharge the manager or
102 management firm and the managing entity does not mail the
103 materials within 30 days after receipt of a request from a
104 purchaser, the circuit court in the county where the timeshare
105 plan is located may, upon application from the requesting
106 purchaser, summarily order the mailing of the materials solely
107 related to the recall of one or more board members elected by
108 the owners or the discharge of the manager or management firm.
109 The court shall dispose of an application on an expedited basis.
110 In the event of such an order, the court may order the managing
111 entity to pay the purchaser's costs, including attorney's fees
112 reasonably incurred to enforce the purchaser's rights, unless
113 the managing entity can prove it refused the mailing in good
114 faith because of a reasonable basis for doubt about the
115 legitimacy of the mailing.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 897 (2025)
Amendment No. 1

116 (10) Any failure of the managing entity to faithfully
117 discharge the fiduciary duty to purchasers imposed by this
118 section or to otherwise comply with the provisions of this
119 section is shall be a violation of this chapter and of part VIII
120 of chapter 468.
121 (13)(a) Notwithstanding any provisions of chapter 607,
122 chapter 617, or chapter 718, an officer, director, or agent of
123 an owners' association, including a timeshare management firm
124 and any individual licensed under part VIII of chapter 468
125 employed by the timeshare management firm, shall discharge its
126 his or her duties in good faith, with the care an ordinarily
127 prudent person in a like position would exercise under similar
128 circumstances, and in a manner it he or she reasonably believes
129 to be in the interests of the owners' association. An officer,
130 director, or agent of an owners' association, including a
131 timeshare management firm and any individual licensed under part
132 VIII of chapter 468 employed by the timeshare management firm,
133 are shall be exempt from liability for monetary damages in the
134 same manner as provided in s. 617.0834 unless such officer,
135 director, or agent, or firm breached or failed to perform its
136 his or her duties and the breach of, or failure to perform, its
137 his or her duties constitutes a violation of criminal law as
138 provided in s. 617.0834; constitutes a transaction from which
139 the officer or director derived an improper personal benefit,
140 either directly or indirectly; or constitutes recklessness or an
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Bill No. HB 897 (2025)
Amendment No. 1

141 act or omission that was in bad faith, with malicious purpose,
142 or in a manner exhibiting wanton and willful disregard of human
143 rights, safety, or property.
144 (b) Notwithstanding chapter 718, the board of
145 administration of a timeshare condominium is required to meet
146 only once each year, unless additional board meetings are called
147 pursuant to a timeshare instrument.
148 (c)1. If a timeshare management firm or an owners'
149 association provides goods or services through a parent,
150 affiliate, or subsidiary of the timeshare management firm, the
151 fact that a related party provides goods or services must be
152 disclosed annually to the members of that owners' association as
153 an explanatory note to the annual budget pursuant to subsection
154 (3)(c)1., in the management contract, by mail sent to each
155 owner’s notice address, in the notice of an annual or special
156 meeting of the owners, by posting on the website of the
157 applicable timeshare plan, or by any owner communication used by
158 the managing entity.
159 2. A timeshare management firm and any individual licensed
160 under part VIII of chapter 468 employed by the timeshare
161 management firm are governed by this section and s. 468.438.
162 Section 5. For the purpose of incorporating the amendment
163 made by this act to section 721.13, Florida Statutes, in a
164 reference thereto, subsection (2) of section 721.14, Florida
165 Statutes, is reenacted to read:
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Amendment No. 1

166 721.14 Discharge of managing entity.—
167 (2) In the event the manager or management firm is
168 discharged, the board of administration of the owners'
169 association shall remain responsible for operating and
170 maintaining the timeshare plan pursuant to the timeshare
171 instrument and s. 721.13(1). If the board of administration
172 fails to do so, any timeshare owner may apply to the circuit
173 court within the jurisdiction of which the accommodations and
174 facilities lie for the appointment of a receiver to manage the
175 affairs of the owners' association and the timeshare plan. At
176 least 30 days before applying to the circuit court, the
177 timeshare owner shall mail to the owners' association and post
178 in a conspicuous place on the timeshare property a notice
179 describing the intended action. If a receiver is appointed, the
180 owners' association shall be responsible as a common expense of
181 the timeshare plan, for payment of the salary and expenses of
182 the receiver, relating to the discharge of her or his duties and
183 obligations as receiver, together with the receiver's court
184 costs, and reasonable attorney's fees. The receiver shall have
185 all powers and duties of a duly constituted board of
186 administration and shall serve until discharged by the circuit
187 court.
188 Section 6. This act shall take effect July 1, 2025.
189
190 -----------------------------------------------------
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Amendment No. 1

191 T I T L E A M E N D M E N T
192 Remove line 23 and insert:
193 goods and services through specified

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HJR 1215
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 #: HJR 1215 COMPANION BILL: SJR 318 (Truenow)
TITLE: Ad Valorem Tax Exemption LINKED BILLS: None
SPONSOR(S): Alvarez, D. RELATED BILLS: None
Committee References
Ways & Means Housing, Agriculture & Tourism State Affairs
16 Y, 1 N  

SUMMARY
Effect of the Bill:
HJR 1215 proposes an amendment to the Florida Constitution to authorize the Legislature to exempt tangible
personal property from ad valorem taxes when the tangible personal property is located on agricultural land, used
in the production of agricultural products or for agritourism activities, and owned by the landowner or leaseholder
of the agricultural land.

Fiscal or Economic Impact:
The Revenue Estimating Conference has not estimated the impact of this joint resolution on local government
revenues. Staff estimates that joint resolution has no impact on local government revenues. The impact on local
government revenues would come from legislation implementing the proposed constitutional amendment.

Extraordinary Vote Required for Passage:
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
HJR 1215 proposes an amendment to the Florida Constitution to authorize the Legislature to exempt tangible
personal property from ad valorem taxes when the tangible personal property is located on agricultural land, used
in the production of agricultural products or for agritourism activities, and owned by the landowner or leaseholder
of the agricultural land.

If adopted by the Legislature, the proposed amendment will be submitted to Florida’s electors at the next general
election in November 2026.

A joint resolution proposing an amendment to the Florida Constitution must be passed by three-fifths of the
membership of each house of the Legislature.

Subject to approval by 60 percent of voters during the 2026 general election, the amendment proposed in the joint
resolution will take effect on January 1, 2027. The joint resolution is not subject to the Governor’s veto powers.

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The Revenue Estimating Conference has not estimated the impact of this joint resolution on local government
revenues. Staff estimates that joint resolution has no impact on local government revenues. The impact on local
government revenues would come from legislation implementing the proposed constitutional amendment.
STORAGE NAME: h1215b.HAT
DATE: 3/28/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
General Overview of Property Taxation

The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The tax is based on the taxable value of property as of January 1 of each year.1 The property
appraiser annually determines the “just value”2 of property within the taxing jurisdiction and then applies relevant
exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.”3 Property tax bills
are mailed in November of each year based on the previous January 1 valuation, and payment is due by March 31 of
the following year.4

The Florida Constitution prohibits the state from levying ad valorem taxes on real and tangible personal property,5
and it limits the Legislature’s authority to provide for property valuations at less than just value, unless expressly
authorized.6

Ad Valorem Taxation of Tangible Personal Property

Article VII, section 1, grants exclusive authority to local governments to levy ad valorem taxes on tangible personal
property.7 The Florida Constitution includes the following exemptions and authorization for exemptions for
tangible personal property:
 Article VII, section 1 specifies that motor vehicles, boats, airplanes, trailers, trailer coaches, and mobile
homes are subject to license taxes, but may not be subject to ad valorem taxes.
 Under Article VII, section 3,
o Household goods and personal effects are granted an exemption of at least $1,000.
o Local governments are authorized to grant community and economic development ad valorem
tax exemptions to new businesses and expansions of existing businesses, which may apply to
tangible personal property.
o $25,000 of the assessed value of tangible personal property is exempt8, and the assessed value
of solar or renewable energy devices may be exempt pursuant to general law9.
 Under Article VII, section 4, tangible personal property “held for sale as stock in trade” may be
exempted from taxation.10

The just value of tangible personal property in Florida in 2024 was $239.3 billion.11

1 Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines “real property” as

land, buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible personal property”
as all goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to the article
itself.
2 Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides otherwise.

FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing buyer would
pay a willing seller for the property in an arm’s-length transaction. See, e.g., Walter v. Schuler, 176 So. 2d 81 (Fla. 1965);
Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); S. Bell Tel. & Tel. Co. v. Dade Cnty., 275 So. 2d 4 (Fla. 1973).
3 See s. 192.001(2), F.S. and s. 192.001(16), F.S.
4 Sections nd 197.322, F.S.; see also FLA. DEP’T OF REVENUE, Florida Property Tax Calendar (Dec. 2016),

available at: https://floridarevenue.com/property/Documents/taxcalendar.pdf.
5 FLA. CONST. art. VII, s. 1(a)
6 FLA. CONST. art. VII, s. 4.
7 See also FLA. CONST. art. VII, s. 9(a).
8 Section 196.183, F.S., specifies the conditions for the general exemption of $25,000 of the assessed value of tangible personal

property.
9 Section 196.182, F.S., specifies the conditions for exemption of renewable energy source devices.
10 This exemption for inventory is restated at section 196.185, F.S., and inventory is defined at section 192.001(11)(c), F.S.
11 Florida Department of Revenue 2024 Statewide Just, Assessed, Exemption and Taxable Values by Property Tax

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Agricultural Land Valuation

Property appraisers annually classify, for assessment purposes, all lands within a county as either agricultural or
nonagricultural.12 Only lands that are used primarily for “bona fide agricultural purposes” shall be classified
agricultural.13 In determining whether the use of the land for agricultural purposes is bona fide, the following
factors may be taken into consideration:
 The length of time the land has been so used.
 Whether the use has been continuous.
 The purchase price paid.
 Size, as it relates to specific agricultural use, but a minimum acreage may not be required for
agricultural assessment.
 Whether an indicated effort has been made to care sufficiently and adequately for the land in
accordance with accepted commercial agricultural practices, including, without limitation, fertilizing,
liming, tilling, mowing, reforesting, and other accepted agricultural practices.
 Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease.
 Such other factors as may become applicable.

When the land is classified as agricultural, the property appraiser shall consider the following use factors only:
 The quantity and size of the property;
 The condition of the property;
 The present market value of the property as agricultural land;
 The income produced by the property;
 The productivity of land in its present use;
 The economic merchantability of the agricultural product.
 Such other agricultural factors as may from time to time become applicable, which are reflective of the
standard present practices of agricultural use and production.14

Agricultural real property accounts for 2.0 percent of the just value of all real property in Florida.15

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/SJR 1560 Alvarez, D. Collins Died in Messages

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IWays & Means Committee 16 Y, 1 N Aldridge Hallaian

Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
State Affairs Committee

12 Section 193.461(1), F.S.
13 Section 193.461(3)(b), F.S.
14 Section 193.461(6)(a), F.S.
15 Ad Valorem Revenue Estimating Conference Results, March 5, 2025

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HJR 1215 2025

1 House Joint Resolution
2 A joint resolution proposing an amendment to Section 3
3 of Article VII and the creation of a new section in
4 Article XII of the State Constitution to authorize the
5 Legislature, by general law, to exempt certain
6 tangible personal property from ad valorem taxation.
7
8 Be It Resolved by the Legislature of the State of Florida:
9
10 That the following amendment to Section 3 of Article VII
11 and the creation of a new section in Article XII of the State
12 Constitution are agreed to and shall be submitted to the
13 electors of this state for approval or rejection at the next
14 general election or at an earlier special election specifically
15 authorized by law for that purpose:
16 ARTICLE VII
17 FINANCE AND TAXATION
18 SECTION 3. Taxes; exemptions.—
19 (a) All property owned by a municipality and used
20 exclusively by it for municipal or public purposes shall be
21 exempt from taxation. A municipality, owning property outside
22 the municipality, may be required by general law to make payment
23 to the taxing unit in which the property is located. Such
24 portions of property as are used predominantly for educational,
25 literary, scientific, religious or charitable purposes may be

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26 exempted by general law from taxation.
27 (b) There shall be exempt from taxation, cumulatively, to
28 every head of a family residing in this state, household goods
29 and personal effects to the value fixed by general law, not less
30 than one thousand dollars, and to every widow or widower or
31 person who is blind or totally and permanently disabled,
32 property to the value fixed by general law not less than five
33 hundred dollars.
34 (c) Any county or municipality may, for the purpose of its
35 respective tax levy and subject to the provisions of this
36 subsection and general law, grant community and economic
37 development ad valorem tax exemptions to new businesses and
38 expansions of existing businesses, as defined by general law.
39 Such an exemption may be granted only by ordinance of the county
40 or municipality, and only after the electors of the county or
41 municipality voting on such question in a referendum authorize
42 the county or municipality to adopt such ordinances. An
43 exemption so granted shall apply to improvements to real
44 property made by or for the use of a new business and
45 improvements to real property related to the expansion of an
46 existing business and shall also apply to tangible personal
47 property of such new business and tangible personal property
48 related to the expansion of an existing business. The amount or
49 limits of the amount of such exemption shall be specified by
50 general law. The period of time for which such exemption may be

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51 granted to a new business or expansion of an existing business
52 shall be determined by general law. The authority to grant such
53 exemption shall expire ten years from the date of approval by
54 the electors of the county or municipality, and may be renewable
55 by referendum as provided by general law.
56 (d) Any county or municipality may, for the purpose of its
57 respective tax levy and subject to the provisions of this
58 subsection and general law, grant historic preservation ad
59 valorem tax exemptions to owners of historic properties. This
60 exemption may be granted only by ordinance of the county or
61 municipality. The amount or limits of the amount of this
62 exemption and the requirements for eligible properties must be
63 specified by general law. The period of time for which this
64 exemption may be granted to a property owner shall be determined
65 by general law.
66 (e) By general law and subject to conditions specified
67 therein:
68 (1) Twenty-five thousand dollars of the assessed value of
69 property subject to tangible personal property tax shall be
70 exempt from ad valorem taxation.
71 (2) The assessed value of solar devices or renewable
72 energy source devices subject to tangible personal property tax
73 may be exempt from ad valorem taxation, subject to limitations
74 provided by general law.
75 (3) Tangible personal property that meets all of the

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76 following conditions shall be exempt from ad valorem taxation:
77 a. Located on property classified as agricultural land, as
78 specified by general law.
79 b. Used in the production of agricultural products or for
80 agritourism activities.
81 c. Owned by the landowner or leaseholder of the
82 agricultural land.
83 (f) There shall be granted an ad valorem tax exemption for
84 real property dedicated in perpetuity for conservation purposes,
85 including real property encumbered by perpetual conservation
86 easements or by other perpetual conservation protections, as
87 defined by general law.
88 (g) By general law and subject to the conditions specified
89 therein, each person who receives a homestead exemption as
90 provided in section 6 of this article; who was a member of the
91 United States military or military reserves, the United States
92 Coast Guard or its reserves, or the Florida National Guard; and
93 who was deployed during the preceding calendar year on active
94 duty outside the continental United States, Alaska, or Hawaii in
95 support of military operations designated by the legislature
96 shall receive an additional exemption equal to a percentage of
97 the taxable value of his or her homestead property. The
98 applicable percentage shall be calculated as the number of days
99 during the preceding calendar year the person was deployed on
100 active duty outside the continental United States, Alaska, or

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101 Hawaii in support of military operations designated by the
102 legislature divided by the number of days in that year.
103 ARTICLE XII
104 SCHEDULE
105 Ad valorem exemption for tangible personal property on land
106 classified as agricultural.—This section and the amendment to
107 Section 3 of Article VII, which authorizes the legislature to
108 provide for a tax exemption for certain tangible personal
109 property, apply beginning with the 2027 tax roll.
110
111 BE IT FURTHER RESOLVED that the following statement be
112 placed on the ballot:
113 CONSTITUTIONAL AMENDMENT
114 ARTICLE VII, SECTION 3
115 ARTICLE XII
116 AUTHORIZING THE LEGISLATURE TO EXEMPT TANGIBLE PERSONAL
117 PROPERTY ON AGRICULTURAL LAND FROM TAXATION.—Proposing an
118 amendment to the State Constitution to authorize the
119 Legislature, beginning with the 2027 tax roll, to exempt
120 tangible personal property located on land classified as
121 agricultural, used in the production of agricultural products or
122 for agritourism activities, and owned by the landowner or
123 leaseholder of the agricultural land from ad valorem taxation.
124

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CS/HJR 1257
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/HJR 1257 COMPANION BILL: SJR 1510 (Avila)
TITLE: Property Tax Benefits for Certain Residential LINKED BILLS: CS/HB 1259 Busatta
Properties Subject to a Long-term Lease RELATED BILLS: SB 1512 (Avila)
SPONSOR(S): Busatta
Committee References
Ways & Means Housing, Agriculture & Tourism Commerce
14 Y, 4 N, As CS    

SUMMARY
Effect of the Bill:
The joint resolution proposes an amendment to the Florida Constitution to authorize the Legislature to provide two
$25,000 ad valorem tax exemptions, and to limit the increase in ad valorem tax assessments to the lesser of 3% or
the percent change in the consumer price index, for any property that is under a residential lease of at least 6
months on January 1 of each year, is owned by a person who also owns a homestead property in this state, and
could qualify as a homestead property if it was the primary residence of the owner.

The amendment takes effect on January 1, 2027, if approved by 60 percent of voters in the November 2026 general
election, and first applies to the 2027 tax roll.

Fiscal or Economic Impact:
The Revenue Estimating Conference estimated that the joint resolution has no impact on state or local government
revenues as the amendment it proposes is not self-executing.

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ANALYSIS
EFFECT OF THE BILL:
The joint resolution proposes amendments to Sections 3 and 4 of Article VII of the Florida Constitution to authorize
the Legislature to provide certain ad valorem taxation exemptions and assessment limitations for nonhomestead
residential real property, if the property is subject to a long-term residential lease, the property could qualify for a
homestead exemption if it was the owner’s primary residence, and the property is owned by a person who also has
a homestead exemption on another parcel of real estate.

If those conditions are met, the Legislature is authorized to provide by general law that qualifying nonhomestead
property:
 Receives an exemption on the value of the property between $0 and $25,000 (for all levies) and between
$50,000 and $75,000 (for all levies other than school levies);
 Cannot have the assessed value increase more than the lesser of three percent or the change in the
consumer price index for the year; and
 Generally retains accumulated benefits if the property changes from year to year among qualifying
nonhomestead, property, nonqualifying nonhomestead property, and homestead property.

The bill provides through a new section of Article XII of the Florida Constitution, that the changes first apply to the
2027 tax roll. The changes take effect on January 1, 2027, if approved by 60 percent of voters in the November
2026 general election.

STORAGE NAME: h1257a.HAT
DATE: 3/28/2025
1
FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The Revenue Estimating Conference estimated that the joint resolution has no impact on state or local government
revenues as the amendment it proposes is not self-executing.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Ad Valorem Taxation

The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The Florida Constitution reserves to local governments the authority to levy ad valorem taxes on
real and tangible personal property.1 Ad valorem taxes are levied annually by local governments based on the
value of real and tangible personal property as of January 1 of each year.2

The Florida Constitution requires that all property be assessed at just value for ad valorem tax purposes,3 and
provides for specified assessment limitations, property classifications, and exemptions.4 After the property
appraiser considers any assessment limitation or use classification affecting the just value of a parcel of real
property, an assessed value is produced. The assessed value is then reduced by any exemptions to produce the
taxable value.5

Unless expressly exempted from taxation, all real and personal property and leasehold interests in the state are
subject to taxation.6 The Florida Constitution limits the Legislature’s authority to grant an exemption or
assessment limitation from taxes,7 and any modifications to existing ad valorem tax exemptions or limitations must
be consistent with the constitutional provision authorizing the exemption or limitation.8

Homestead Property

“Homestead” property is defined in section 6 of Article VII of the Florida Constitution, and in s. 196.031, F.S., as
property for which a person, on January 1, has the legal or beneficial title and who in good faith makes the property
his or her permanent residence (or the permanent residence of another legally or naturally dependent on him or
her). The property may be owned jointly, as tenancy by the entireties, or otherwise in common with others, and
can be apportioned among such shared owners.9 Only one homestead exemption is allowed to any one person or
on any one dwelling house.10 Individual condominium owners, however, can each qualify for a separate homestead
designation.11

Homestead Exemption

1 FLA. CONST. art VII, ss. 1(a), 9(a)
2 S. 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms “land,”

strictly construed against the party claiming them.
7 Archer v. Marshall, 355 So. 2d 781, 784 (Fla. 1978).
8 Sebring Airport Auth. v. McIntyre, 783, So. 2d 238, 248 (Fla. 2001); Archer v. Marshall, 355 So. 2d 781, 784. (Fla. 1978); Am Fi

Inv. Corp v. Kinney, 360 So. 2d 415 (Fla. 1978); see also Sparkman v. State, 58 So. 2d 431, 432 (Fla. 1952).
9 S. 196.031(1)(a), F.S.
10 Id.
11 Id.

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Every person having legal and equitable title to real estate and who maintains a permanent residence on the real
estate (homestead property) is eligible for a $25,000 tax exemption applicable to all ad valorem tax levies,
including levies by school districts.12 An additional $25,000 exemption applies to homestead property value
between $50,000 and $75,000.13 This exemption does not apply to ad valorem taxes levied by school districts.

Limitation on Annual Increases in Assessments for Homestead Properties

The Florida Constitution14 provides that, for those entitled to a homestead exemption, the assessed value of the
homestead for all levies shall be changed annually on January 1st of each year. Those changes in assessments
cannot exceed the lesser of three percent of the prior year’s assessment or the percent change in the Consumer
Price Index15 for the preceding calendar year.16

Nonhomestead Property

Property that is residential real property but does not qualify as homestead property is assessed at just value on
January 1 of the year the property is purchased or becomes non-homestead property.17 In each subsequent year,
for purposes of all levies other than school district levies, the property is reassessed each January 1, but cannot
increase by more than 10 percent over the prior year’s assessed value.18 Property is generally reassessed at just
value on the January 1 following a change of ownership,19 and changes, additions, or improvements are also
generally assessed at just value on the January 1 following the change.20 The assessed value of nonhomestead
property is not limited by the 10 percent cap for purposes of school levies.

Long-Term Residential Leases

Under current law, there is no specific ad valorem benefit for properties used for residential leases of longer than 6
months. For sales tax purposes in Chapter 212, F.S., however, any person who rents property through a bona fide
written agreement for continuous residence for longer than six months in duration at that property is exempt from
sales tax and any applicable transient rental taxes (e.g., tourist development taxes21) for that lease.22

12 FLA. CONST. art VII, s. 6(a) and s. 196.031, F.S.
13 Section 196.031(1)(b), F.S.
14 As amended by Constitutional Amendment 10 (1992), commonly referred to as the “Save Our Homes” initiative.
15 Specifically, the Consumer Price Index for All Urban Consumers, U.S. City Average, all items 1967=100, or successor reports.
16 FLA. CONST. art. VII, s. 4(d)(1), implemented by section 193.155, F.S.
17 S. 193.1554(2), F.S., and s. 193.1555(2), F.S.
18 FLA. CONST. art. VII, s. 4(g)(1) and 4(h)(1), implemented by s. 193.1554(3), F.S., and s. 193.1555(3), F.S.
19 FLA. CONST. art. VII, s. 4(g)(3 and 4(h)(4), implemented by s. 193.1554(5), F.S., and s. 193.1555(5), F.S.
20 FLA. CONST. art. VII, s. 4(g)(4) and 4(h)(5), implemented by s. 193.1554(6), F.S., and s. 193.1555(6), F.S.
21 Section 125.0104, F.S.
22 Section 212.03(1)(a), F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IWays & Means Committee 14 Y, 4 N, As CS 3/27/2025 Aldridge Berg

THE CHANGES ADOPTED BY THE  Moved language in the joint resolution from Section 6 (Homestead) of
COMMITTEE: Article VII of the Florida Constitution to Sections 3 (Exemptions) and 4
(Assessment Limitations), as applicable.
 Clarified that the benefits only apply to properties that could qualify as
homestead property if occupied by the owner.
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Commerce Committee

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CS/HJR 1257 2025

1 House Joint Resolution
2 A joint resolution proposing amendments to Sections 3
3 and 4 of Article VII and the creation of a new section
4 in Article XII of the State Constitution to authorize
5 the Legislature to provide two $25,000 exemptions and
6 an assessment limitation to certain real property
7 subject to a long-term lease and to provide an
8 effective date.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following amendments to Section 3 and 4 of Article
13 VII and the creation of a new section in Article XII of the
14 State Constitution are agreed to and shall be submitted to the
15 electors of this state for approval or rejection at the next
16 general election or at an earlier special election specifically
17 authorized by law for that purpose:
18 ARTICLE VII
19 FINANCE AND TAXATION
20 SECTION 3. Taxes; exemptions.—
21 (a) All property owned by a municipality and used
22 exclusively by it for municipal or public purposes shall be
23 exempt from taxation. A municipality, owning property outside
24 the municipality, may be required by general law to make payment
25 to the taxing unit in which the property is located. Such

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26 portions of property as are used predominantly for educational,
27 literary, scientific, religious or charitable purposes may be
28 exempted by general law from taxation.
29 (b) There shall be exempt from taxation, cumulatively, to
30 every head of a family residing in this state, household goods
31 and personal effects to the value fixed by general law, not less
32 than one thousand dollars, and to every widow or widower or
33 person who is blind or totally and permanently disabled,
34 property to the value fixed by general law not less than five
35 hundred dollars.
36 (c) Any county or municipality may, for the purpose of its
37 respective tax levy and subject to the provisions of this
38 subsection and general law, grant community and economic
39 development ad valorem tax exemptions to new businesses and
40 expansions of existing businesses, as defined by general law.
41 Such an exemption may be granted only by ordinance of the county
42 or municipality, and only after the electors of the county or
43 municipality voting on such question in a referendum authorize
44 the county or municipality to adopt such ordinances. An
45 exemption so granted shall apply to improvements to real
46 property made by or for the use of a new business and
47 improvements to real property related to the expansion of an
48 existing business and shall also apply to tangible personal
49 property of such new business and tangible personal property
50 related to the expansion of an existing business. The amount or

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51 limits of the amount of such exemption shall be specified by
52 general law. The period of time for which such exemption may be
53 granted to a new business or expansion of an existing business
54 shall be determined by general law. The authority to grant such
55 exemption shall expire ten years from the date of approval by
56 the electors of the county or municipality, and may be renewable
57 by referendum as provided by general law.
58 (d) Any county or municipality may, for the purpose of its
59 respective tax levy and subject to the provisions of this
60 subsection and general law, grant historic preservation ad
61 valorem tax exemptions to owners of historic properties. This
62 exemption may be granted only by ordinance of the county or
63 municipality. The amount or limits of the amount of this
64 exemption and the requirements for eligible properties must be
65 specified by general law. The period of time for which this
66 exemption may be granted to a property owner shall be determined
67 by general law.
68 (e) By general law and subject to conditions specified
69 therein:
70 (1) Twenty-five thousand dollars of the assessed value of
71 property subject to tangible personal property tax shall be
72 exempt from ad valorem taxation.
73 (2) The assessed value of solar devices or renewable
74 energy source devices subject to tangible personal property tax
75 may be exempt from ad valorem taxation, subject to limitations

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76 provided by general law.
77 (f) There shall be granted an ad valorem tax exemption for
78 real property dedicated in perpetuity for conservation purposes,
79 including real property encumbered by perpetual conservation
80 easements or by other perpetual conservation protections, as
81 defined by general law.
82 (g) By general law and subject to the conditions specified
83 therein, each person who receives a homestead exemption as
84 provided in section 6 of this article; who was a member of the
85 United States military or military reserves, the United States
86 Coast Guard or its reserves, or the Florida National Guard; and
87 who was deployed during the preceding calendar year on active
88 duty outside the continental United States, Alaska, or Hawaii in
89 support of military operations designated by the legislature
90 shall receive an additional exemption equal to a percentage of
91 the taxable value of his or her homestead property. The
92 applicable percentage shall be calculated as the number of days
93 during the preceding calendar year the person was deployed on
94 active duty outside the continental United States, Alaska, or
95 Hawaii in support of military operations designated by the
96 legislature divided by the number of days in that year.
97 (h) By general law and subject to conditions and
98 provisions specified therein, the legislature may provide that
99 every person who holds the legal or equitable title to real
100 estate that is currently receiving the benefits available for

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101 homestead properties under subsection (a) of Section 6, and
102 holds the legal or equitable title to a separate parcel of real
103 estate and maintains thereon the residence of a lessee under a
104 single written lease of six months or more, if such lease is in
105 effect on January 1 of the taxable year, and if such parcel
106 could qualify for the benefits afforded homestead properties
107 under subsection (a) of Section 6, if the owner maintained that
108 property as his or her permanent residence, shall be exempt from
109 taxation on such leased property up to the assessed valuation of
110 twenty-five thousand dollars; and, for all levies other than
111 school district levies, on the assessed valuation greater than
112 fifty thousand dollars and up to seventy-five thousand dollars.
113 SECTION 4. Taxation; assessments.—By general law
114 regulations shall be prescribed which shall secure a just
115 valuation of all property for ad valorem taxation, provided:
116 (a) Agricultural land, land producing high water recharge
117 to Florida's aquifers, or land used exclusively for
118 noncommercial recreational purposes may be classified by general
119 law and assessed solely on the basis of character or use.
120 (b) As provided by general law and subject to conditions,
121 limitations, and reasonable definitions specified therein, land
122 used for conservation purposes shall be classified by general
123 law and assessed solely on the basis of character or use.
124 (c) Pursuant to general law tangible personal property
125 held for sale as stock in trade and livestock may be valued for

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126 taxation at a specified percentage of its value, may be
127 classified for tax purposes, or may be exempted from taxation.
128 (d) All persons entitled to a homestead exemption under
129 Section 6 of this Article shall have their homestead assessed at
130 just value as of January 1 of the year following the effective
131 date of this amendment. This assessment shall change only as
132 provided in this subsection.
133 (1) Assessments subject to this subsection shall be
134 changed annually on January 1st of each year; but those changes
135 in assessments shall not exceed the lower of the following:
136 a. Three percent (3%) of the assessment for the prior
137 year.
138 b. The percent change in the Consumer Price Index for all
139 urban consumers, U.S. City Average, all items 1967=100, or
140 successor reports for the preceding calendar year as initially
141 reported by the United States Department of Labor, Bureau of
142 Labor Statistics.
143 (2) No assessment shall exceed just value.
144 (3) After any change of ownership, as provided by general
145 law, homestead property shall be assessed at just value as of
146 January 1 of the following year, unless the provisions of
147 paragraph (8) apply. Thereafter, the homestead shall be assessed
148 as provided in this subsection.
149 (4) New homestead property shall be assessed at just value
150 as of January 1st of the year following the establishment of the

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151 homestead, unless the provisions of paragraph (8) apply. That
152 assessment shall only change as provided in this subsection.
153 (5) Changes, additions, reductions, or improvements to
154 homestead property shall be assessed as provided for by general
155 law; provided, however, after the adjustment for any change,
156 addition, reduction, or improvement, the property shall be
157 assessed as provided in this subsection.
158 (6) In the event of a termination of homestead status, the
159 property shall be assessed as provided by general law.
160 (7) The provisions of this amendment are severable. If any
161 of the provisions of this amendment shall be held
162 unconstitutional by any court of competent jurisdiction, the
163 decision of such court shall not affect or impair any remaining
164 provisions of this amendment.
165 (8)a. A person who establishes a new homestead as of
166 January 1 and who has received a homestead exemption pursuant to
167 Section 6 of this Article as of January 1 of any of the three
168 years immediately preceding the establishment of the new
169 homestead is entitled to have the new homestead assessed at less
170 than just value. The assessed value of the newly established
171 homestead shall be determined as follows:
172 1. If the just value of the new homestead is greater than
173 or equal to the just value of the prior homestead as of January
174 1 of the year in which the prior homestead was abandoned, the
175 assessed value of the new homestead shall be the just value of

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176 the new homestead minus an amount equal to the lesser of
177 $500,000 or the difference between the just value and the
178 assessed value of the prior homestead as of January 1 of the
179 year in which the prior homestead was abandoned. Thereafter, the
180 homestead shall be assessed as provided in this subsection.
181 2. If the just value of the new homestead is less than the
182 just value of the prior homestead as of January 1 of the year in
183 which the prior homestead was abandoned, the assessed value of
184 the new homestead shall be equal to the just value of the new
185 homestead divided by the just value of the prior homestead and
186 multiplied by the assessed value of the prior homestead.
187 However, if the difference between the just value of the new
188 homestead and the assessed value of the new homestead calculated
189 pursuant to this sub-subparagraph is greater than $500,000, the
190 assessed value of the new homestead shall be increased so that
191 the difference between the just value and the assessed value
192 equals $500,000. Thereafter, the homestead shall be assessed as
193 provided in this subsection.
194 b. By general law and subject to conditions specified
195 therein, the legislature shall provide for application of this
196 paragraph to property owned by more than one person.
197 (e) The legislature may, by general law, for assessment
198 purposes and subject to the provisions of this subsection, allow
199 counties and municipalities to authorize by ordinance that
200 historic property may be assessed solely on the basis of

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201 character or use. Such character or use assessment shall apply
202 only to the jurisdiction adopting the ordinance. The
203 requirements for eligible properties must be specified by
204 general law.
205 (f) A county may, in the manner prescribed by general law,
206 provide for a reduction in the assessed value of homestead
207 property to the extent of any increase in the assessed value of
208 that property which results from the construction or
209 reconstruction of the property for the purpose of providing
210 living quarters for one or more natural or adoptive grandparents
211 or parents of the owner of the property or of the owner's spouse
212 if at least one of the grandparents or parents for whom the
213 living quarters are provided is 62 years of age or older. Such a
214 reduction may not exceed the lesser of the following:
215 (1) The increase in assessed value resulting from
216 construction or reconstruction of the property.
217 (2) Twenty percent of the total assessed value of the
218 property as improved.
219 (g) For all levies other than school district levies,
220 assessments of residential real property, as defined by general
221 law, which contains nine units or fewer and which is not subject
222 to the assessment limitations set forth in subsections (a)
223 through (d) shall change only as provided in this subsection.
224 (1) Assessments subject to this subsection shall be
225 changed annually on the date of assessment provided by law; but

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226 those changes in assessments shall not exceed ten percent (10%)
227 of the assessment for the prior year.
228 (2) No assessment shall exceed just value.
229 (3) After a change of ownership or control, as defined by
230 general law, including any change of ownership of a legal entity
231 that owns the property, such property shall be assessed at just
232 value as of the next assessment date. Thereafter, such property
233 shall be assessed as provided in this subsection.
234 (4) Changes, additions, reductions, or improvements to
235 such property shall be assessed as provided for by general law;
236 however, after the adjustment for any change, addition,
237 reduction, or improvement, the property shall be assessed as
238 provided in this subsection.
239 (h) For all levies other than school district levies,
240 assessments of real property that is not subject to the
241 assessment limitations set forth in subsections (a) through (d)
242 and (g) shall change only as provided in this subsection.
243 (1) Assessments subject to this subsection shall be
244 changed annually on the date of assessment provided by law; but
245 those changes in assessments shall not exceed ten percent (10%)
246 of the assessment for the prior year.
247 (2) No assessment shall exceed just value.
248 (3) The legislature must provide that such property shall
249 be assessed at just value as of the next assessment date after a
250 qualifying improvement, as defined by general law, is made to

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251 such property. Thereafter, such property shall be assessed as
252 provided in this subsection.
253 (4) The legislature may provide that such property shall
254 be assessed at just value as of the next assessment date after a
255 change of ownership or control, as defined by general law,
256 including any change of ownership of the legal entity that owns
257 the property. Thereafter, such property shall be assessed as
258 provided in this subsection.
259 (5) Changes, additions, reductions, or improvements to
260 such property shall be assessed as provided for by general law;
261 however, after the adjustment for any change, addition,
262 reduction, or improvement, the property shall be assessed as
263 provided in this subsection.
264 (i) The legislature, by general law and subject to
265 conditions specified therein, may prohibit the consideration of
266 the following in the determination of the assessed value of real
267 property:
268 (1) Any change or improvement to real property used for
269 residential purposes made to improve the property's resistance
270 to wind damage.
271 (2) The installation of a solar or renewable energy source
272 device.
273 (j)(1) The assessment of the following working waterfront
274 properties shall be based upon the current use of the property:
275 a. Land used predominantly for commercial fishing

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276 purposes.
277 b. Land that is accessible to the public and used for
278 vessel launches into waters that are navigable.
279 c. Marinas and drystacks that are open to the public.
280 d. Water-dependent marine manufacturing facilities,
281 commercial fishing facilities, and marine vessel construction
282 and repair facilities and their support activities.
283 (2) The assessment benefit provided by this subsection is
284 subject to conditions and limitations and reasonable definitions
285 as specified by the legislature by general law.
286 (k) All persons entitled to the exemptions on real
287 property under subsection (h) of Section 3 of this Article shall
288 have such property assessed as follows:
289 (1) Assessments shall be changed annually on January 1 of
290 each year; but those changes in assessments shall not exceed the
291 lower of: three percent (3%) of the assessment for the prior
292 year, or the percent change in the Consumer Price Index for all
293 urban consumers, U.S. City Average, all items 1967=100, or
294 successor reports for the preceding calendar year as initially
295 reported by the United States Department of Labor, Bureau of
296 Labor Statistics.
297 (2) No assessment shall exceed just value.
298 (3) After any change of ownership, as provided by general
299 law, or termination of homestead pursuant to paragraph (6) of
300 subsection (d) of this section, the property shall be assessed

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301 at just value as of January 1 of the following year. Thereafter,
302 the property shall be assessed as provided in this paragraph.
303 (4) Changes, additions, reductions, or improvements to
304 such property shall be assessed as provided for by general law;
305 provided, however, after the adjustment for any change,
306 addition, reduction, or improvement, the property shall be
307 assessed as provided in this subsection.
308 (5) The legislature may also provide that if any property
309 receiving the assessment limitation authorized under this
310 subsection subsequently becomes ineligible for the assessment
311 limitation authorized under this subsection for reasons other
312 than a change of ownership or control, as defined by general
313 law; or termination of homestead pursuant to paragraph (6) of
314 subsection (d) of this section; such property shall be assessed,
315 without reassessment at just value, pursuant to subsection (g)
316 of this section, unless such property is assessed under
317 subsection (d) of this section for that year.
318 ARTICLE XII
319 SCHEDULE
320 Tax exemptions and an assessment limitation for long-term
321 leased residential property.—This section and the amendments to
322 Sections 3 and 4 of Article VII, which authorize the legislature
323 to provide two $25,000 exemptions and an assessment limitation
324 to real property that, on January 1, is subject to a written
325 lease of six months or more and is owned by a person who holds

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326 legal or equitable title to real estate receiving a homestead
327 exemption, apply beginning with the 2027 tax roll.
328 BE IT FURTHER RESOLVED that the following statement be
329 placed on the ballot:
330 CONSTITUTIONAL AMENDMENTS
331 ARTICLE VII, SECTIONS 3 AND 4
332 ARTICLE XII
333 PROPERTY TAX BENEFITS FOR CERTAIN RESIDENTIAL PROPERTIES
334 SUBJECT TO A LONG-TERM LEASE.—Proposing amendments to the State
335 Constitution to authorize the Legislature to provide two $25,000
336 exemptions and an assessment limitation for certain residential
337 real property that is subject to a written lease of 6 months or
338 more and is owned by a person who holds legal or equitable title
339 to property receiving a homestead exemption. These amendments
340 shall take effect January 1, 2027.

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CS/HB 1259
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 1259 COMPANION BILL: SB 1512 (Avila)
TITLE: Property Tax Exemption and Assessment LINKED BILLS: CS/HJR 1257 Busatta
Limitation on Long-term Leased Property RELATED BILLS: SJR 1510 (Avila)
SPONSOR(S): Busatta
Committee References
Ways & Means Housing, Agriculture & Tourism Commerce
14 Y, 4 N, As CS    

SUMMARY
Effect of the Bill:
The bill implements the amendments to Article VII, Sections 3 and 4 of the Florida Constitution, proposed by HJR
1257, to create new ad valorem taxation benefits for certain nonhomestead residential real property. For real
property that is subject to a bona fide long-term residential lease, is owned by a person or persons who also have a
homestead exemption on another parcel of real estate, and the property could qualify as a homestead if it was the
permanent residence of the owner, the qualifying nonhomestead property:
 Receives an exemption on the assessed value of the property between $0 and $25,000 and between $50,000
and $75,000; and
 Cannot have the assessed value increase more than the lesser of three percent or the change in the
consumer price index for the year.
The bill also specifies application procedures and the tax treatment for when the property’s status changes among
qualifying nonhomestead property, nonqualifying nonhomestead property, and homestead property.

The bill takes effect on January 1, 2027, if the constitutional amendment proposed by HJR 1257 (2025), or a similar
joint resolution, is approved by 60 percent of voters in the November 2026 general election.

Fiscal or Economic Impact:
The Revenue Estimating Conference has not estimated the impact of the bill. Staff estimates that the bill will have
no direct impact on state revenues, and will have a recurring impact on local government revenues of -$1.572
Billion if the constitutional amendment proposed by HJR 1257 is approved by the voters.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates new ad valorem taxation benefits for certain nonhomestead residential real property. For real
property that could qualify as a homestead property if it was the permanent residence of the owner, that is under a
bona fide long-term residential lease, and is owned by a person or persons who also have a homestead exemption
on another parcel of real estate, the qualifying nonhomestead property:

 Receives an exemption on the assessed value of the property between $0 and $25,000 (for all levies) and
between $50,000 and $75,000 (for all levies other than school district levies); (Section 3) and
 Cannot have the assessed value increase more than the lesser of three percent or the change in the
consumer price index for the year. (Section 1)

STORAGE NAME: h1259c.HAT
DATE: 3/28/2025
1
The bill also provides specifies the tax treatment for when the property’s status changes among qualifying
nonhomestead property, nonqualifying nonhomestead property, and homestead property. Generally speaking, the
bill provides that property that qualifies for this treatment retains the benefit of the assessment limitation in future
years, and does not reset to just value if the property transitions among property types. For example, a property
that receives qualifying nonhomestead treatment under the bill in one year, but does not in the following year (as
would happen if it is not subject to a bona fide long-term lease on January 1), will revert to the standard 10%
assessment limitation for nonhomestead residential property under s. 193.1554, F.S., but the 10% assessment
increase will be based on the prior year’s assessed value (which was capped at 3%) and will not reset to just value.

The exceptions to the rule about not resetting to just value are when there is a change in ownership, or the owner
decides to make the rental to become his or her homestead. In the latter instance, the assessed value of the
property resets to just value so that the owner does not (in essence) retain the homestead benefits on two
properties: instead, the new homestead property (which will reset to just value and then receive a reduction of any
transferred “Save Our Homes” benefit) will receive the two $25,000 exemptions and assessment limitations for
homestead property, and the new rental property (former homestead) will reset to just value and may receive the
benefit of two $25,000 exemptions and the assessment limitations for rental property moving forward for years
when the property qualifies for the long-term rental property tax benefits. (Section 1).

The bill includes conforming changes related to applying for the benefits (Section 2), making a definitional change
(Section 4), and allowing assessments to be reviewed by the Value Adjustment Board (Section 5).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The Revenue Estimating Conference estimated that the bill will have no direct impact on state revenues.

LOCAL GOVERNMENT:
The Revenue Estimating Conference has not estimated the impact of the bill. Staff estimates that the bill will have a
recurring impact on local government revenues of -$1.572 Billion (-$533 million school taxes, -$1.039 billion non-
school taxes), if the constitutional amendment proposed by HJR 1257 is approved by the voters.

RELEVANT INFORMATION
SUBJECT OVERVIEW:

Ad Valorem Taxation

1 FLA. CONST. art VII, ss. 1(a), 9(a)
2 S. 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms “land,”

“real estate,” “realty,” and “real property” may be used interchangeably. S. 192.001(11)(d), F.S., defines “tangible personal
property” as all goods, chattels, and other articles of value (but does not include the vehicular items enumerated in Art. VII, s.
1(b) of the Florida Constitution and elsewhere defined) capable of manual possession and whose chief value is intrinsic to the
article itself.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The Florida Constitution requires that all property be assessed at just value for ad valorem tax purposes,3 and
provides for specified assessment limitations, property classifications, and exemptions.4 After the property
appraiser considers any assessment limitation or use classification affecting the just value of a parcel of real
property, an assessed value is produced. The assessed value is then reduced by any exemptions to produce the
taxable value.5

Homestead Property

Homestead Exemption

Every person having legal and equitable title to real estate and who maintains a permanent residence on the real
estate (homestead property) is eligible for a $25,000 tax exemption applicable to all ad valorem tax levies,
including levies by school districts.12 An additional $25,000 exemption applies to homestead property value
between $50,000 and $75,000.13 This exemption does not apply to ad valorem taxes levied by school districts.

Limitation on Annual Increases in Assessments for Homestead Properties

“Save our Homes” Benefit

3 FLA. CONST. art VII, s. 4
4 FLA. CONST. art VII, ss. 3, 4, and 6
5 S. 196.031, F.S.
6 Section 196.001, F.S.; see also Sebring Airport Authority v. McIntyre, 642 So. 2d 1072, 1073 (Fla. 1994), noting exemptions are

Inv. Corp v. Kinney, 360 So. 2d 415 (Fla. 1978); see also Sparkman v. State, 58 So. 2d 431, 432 (Fla. 1952).
9 S. 196.031(1)(a), F.S.
10 Id.
11 Id.
12 FLA. CONST. art VII, s. 6(a) and s. 196.031, F.S.
13 Section 196.031(1)(b), F.S.
14 As amended by Constitutional Amendment 10 (1992), commonly referred to as the “Save Our Homes” initiative.
15 Specifically, the Consumer Price Index for All Urban Consumers, U.S. City Average, all items 1967=100, or successor reports.
16 FLA. CONST. art. VII, s. 4(d)(1), implemented by section 193.155, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
After the first year a homestead property receives the benefit of the assessment limitation in s. 193.155. F.S., the
difference between the assessed value and the market value due to that limitation is known as the “Save our
Homes” benefit, and that differential can be transferred to a subsequent homestead property (this process is often
referred to as “portability.”)

Nonhomestead Property

Property that is residential real property but does not qualify as homestead property is assessed at just value on
January 1 of the year the property is purchased or becomes nonhomestead property.17 In each subsequent year,
for purposes of all levies other than school district levies, the property is reassessed each January 1, but cannot
increase by more than 10 percent over the prior year’s assessed value.18 Property is generally reassessed at just
value on the January 1 following a change of ownership,19 and changes, additions, or improvements are also
generally assessed at just value on the January 1 following the change.20

Long-Term Residential Leases

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IWays & Means Committee 14 Y, 4 N, As CS Aldridge Berg

THE CHANGES ADOPTED BY THE  Clarifies that only property that could qualify for homestead (i.e., not
COMMITTEE: apartment buildings) can qualify for these benefits.
 Specifies the treatment for property that becomes homestead property
after being qualifying nonhomestead property.
 Makes technical clarifying changes.
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Commerce Committee

17 S. 193.1554(2), F.S., and s. 193.1555(2), F.S.
18 FLA. CONST. art. VII, s. 4(g)(1) and 4(h)(1), implemented by s. 193.1554(3), F.S., and s. 193.1555(3), F.S.
19 FLA. CONST. art. VII, s. 4(g)(3 and 4(h)(4), implemented by s. 193.1554(5), F.S., and s. 193.1555(5), F.S.
20 FLA. CONST. art. VII, s. 4(g)(4) and 4(h)(5), implemented by s. 193.1554(6), F.S., and s. 193.1555(6), F.S.
21 Section 125.0104, F.S.
22 Section 212.03(1)(a), F.S.

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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 1259 2025

1 A bill to be entitled
2 An act relating to a property tax exemption and
3 assessment limitation on long-term leased property;
4 creating s. 193.1553, F.S.; providing that property
5 that receives a certain tax exemption shall be
6 assessed in a specified manner; providing that
7 changes, additions, and improvements to such property
8 shall be assessed in a specified manner; providing
9 exceptions and alternative assessments; providing
10 construction; requiring property that no longer meets
11 eligibility requirements to be assessed in an
12 alternative manner; amending s. 196.011, F.S.;
13 requiring the submission of an application containing
14 specified information before receiving a specified tax
15 exemption; amending s. 196.034, F.S.; providing
16 specified tax exemptions for property that meets
17 certain eligibility requirements; providing that
18 certain damaged or destroyed property is eligible for
19 the exemption if specified conditions are met;
20 providing that if such conditions are not met, such
21 property shall be considered abandoned for a specified
22 purpose; amending ss. 193.1554 and 194.032, F.S.;
23 conforming provisions to changes made by the act;
24 providing a contingent effective date.
25

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26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 193.1553, Florida Statutes, is created
29 to read:
30 193.1553 Assessment of certain residential property
31 subject to a long-term lease.—
32 (1) Property that receives the exemption under s. 196.034
33 shall be assessed under this section.
34 (2) Except as provided in subsection (4), property that
35 meets the conditions of subsection (1) shall be assessed
36 pursuant to this section as of January 1 of any year for which
37 the property is eligible for assessment under this section,
38 using the prior year's assessed value as the basis for any
39 change in assessment. Any change resulting from such assessment
40 shall not exceed the lower of the following:
41 (a) Three percent of the assessed value of the property
42 for the prior year; or
43 (b) The percentage change in the Consumer Price Index for
44 All Urban Consumers, U.S. City Average, all items 1967=100, or
45 successor reports for the preceding calendar year as initially
46 reported by the United States Department of Labor, Bureau of
47 Labor Statistics.
48 (3) If the assessed value of the property as calculated
49 under subsection (2) exceeds the just value, the assessed value
50 of the property shall be lowered to the just value of the

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51 property.
52 (4) Property assessed under this section shall be assessed
53 at just value as of January 1 of the year following a change of
54 ownership, or as of January 1 of the year following abandonment
55 of homestead on a property that becomes eligible for assessment
56 under this section, but no sooner than the January 1 following
57 the certification to the property appraiser required by s.
58 193.155(8)(i)2. Thereafter, the annual changes in the assessed
59 value of the property are subject to the limitations in
60 subsections (2) and (3). For purposes of this subsection, the
61 term "change of ownership" means any sale, foreclosure, or
62 transfer of legal title or beneficial title in equity to any
63 person, except if any of the provisions of s. 193.155(3)(a)
64 apply.
65 (5)(a) Except as provided in paragraph (b) and s. 193.624,
66 changes, additions, or improvements to property subject to this
67 section shall be assessed at just value as of the first January
68 1 after the changes, additions, or improvements are
69 substantially completed.
70 (b)1. Changes, additions, or improvements that replace all
71 or a portion of property assessed under this section, including
72 ancillary improvements, that are damaged or destroyed by
73 misfortune or calamity shall be assessed upon substantial
74 completion as provided in this paragraph. Such assessment must
75 be calculated using the property's assessed value as of the

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76 January 1 immediately before the date on which the damage or
77 destruction was sustained, subject to the assessment limitations
78 in subsections (2) and (3), when:
79 a. The square footage of the property as changed or
80 improved does not exceed 110 percent of the square footage of
81 the property before the damage or destruction; or
82 b. The total square footage of the property as changed or
83 improved does not exceed 1,500 square feet.
84 2. The property's assessed value must be increased by the
85 just value of that portion of the changed or improved property
86 which is in excess of 110 percent of the square footage of the
87 property before the damage or destruction or of that portion
88 exceeding 1,500 square feet.
89 3. Property damaged or destroyed by misfortune or calamity
90 which, after being changed or improved, has a square footage of
91 less than 100 percent of the property's total square footage
92 before the damage or destruction shall be assessed pursuant to
93 subsection (6).
94 4. Changes, additions, or improvements assessed pursuant
95 to this paragraph must be reassessed pursuant to subsection (2)
96 in subsequent years. This paragraph applies to changes,
97 additions, or improvements commenced within 5 years after the
98 January 1 following the damage or destruction of the property.
99 (c) Changes, additions, or improvements include
100 improvements made to common areas or other improvements made to

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101 property other than to the property by the owner or by an owner
102 association, which improvements directly benefit the property.
103 Such changes, additions, or improvements shall be assessed at
104 just value, and the just value shall be apportioned among the
105 parcels benefiting from the improvement.
106 (6) When property is destroyed or removed and not
107 replaced, the assessed value of the parcel shall be reduced by
108 the assessed value attributable to the destroyed or removed
109 property.
110 (7) Only property that meets the conditions of subsection
111 (1) is subject to this section. Any portion of property that is
112 assessed solely on the basis of character or use pursuant to s.
113 193.461 or s. 193.501, or assessed pursuant to s. 193.505, is
114 not subject to this section.
115 (8)(a) If, after meeting the conditions of subsection (1)
116 and receiving the benefit of the assessment limitation in
117 subsections (2) and (3), the property does not meet the
118 conditions of subsection (1) on January 1 of any subsequent
119 year, the property shall instead be assessed pursuant to s.
120 193.155(1) and (2), or s. 193.1554(3) and (4), as applicable,
121 beginning with such year.
122 1. Any change in assessment in the first year the property
123 is assessed pursuant to s. 193.1554 shall use the most recent
124 year's assessed value under this section as the basis for
125 adjustment, and may not revert to just value, unless such

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126 property experiences a change of ownership or control as
127 provided in s. 193.1554.
128 2. Any change in assessment in the first year the property
129 is assessed pursuant to s. 193.155 shall use the just value of
130 the property, as adjusted pursuant to s. 193.155(8), if
131 applicable.
132 (b)1. If the property meets the conditions of subsection
133 (1) on January 1 of a subsequent year, this section shall apply
134 beginning with such year, and the application of the limitation
135 in subsection (2) shall use the most recent year's assessed
136 value as the basis for adjustment if the property was assessed
137 in the most recent year pursuant to s. 193.1554.
138 2. If the property meets the conditions of subsection (1)
139 on January 1 of a subsequent year and the property was assessed
140 as the homestead of the owner in the prior year pursuant to s.
141 193.155, then the application of the limitation in subsection
142 (2) shall use the just value of the property, rather than the
143 prior year's assessment, for the first year's assessment
144 limitation in subsection (2). A property that was abandoned as a
145 homestead is only eligible under this section if the property
146 appraiser in the county in which the abandoned homestead
147 property is located provides the certification to the property
148 appraiser in the county in which the new homestead is located as
149 required by s. 193.155(8)(i)2., stating that the property has
150 been or will be reassessed at just value.

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151 Section 2. Paragraph (b) of subsection (1) of section
152 196.011, Florida Statutes, is amended, and subsection (14) is
153 added to that section, to read:
154 196.011 Annual application required for exemption.—
155 (1)
156 (b) The form to apply for an exemption under s. 196.031,
157 s. 196.034, s. 196.081, s. 196.091, s. 196.101, s. 196.102, s.
158 196.173, or s. 196.202 must include a space for the applicant to
159 list the social security number of the applicant and of the
160 applicant's spouse, if any. If an applicant files a timely and
161 otherwise complete application, and omits the required social
162 security numbers, the application is incomplete. In that event,
163 the property appraiser shall contact the applicant, who may
164 refile a complete application by April 1. Failure to file a
165 complete application by that date constitutes a waiver of the
166 exemption privilege for that year, except as provided in
167 subsection (7) or subsection (9).
168 (14) Notwithstanding paragraph (7)(a), an applicant who is
169 eligible to receive an exemption under s. 196.034 must file an
170 application each year by March 1. Such application must include
171 the address of the property at which the owner currently
172 receives a homestead exemption, and an executed copy of the
173 lease for the property to be exempted under s. 196.034.
174 Section 3. Section 196.034, Florida Statutes, is created
175 to read:

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176 196.034 Exemption of certain residential property subject
177 to a long-term lease.—
178 (1)(a) Property that meets the following conditions is
179 entitled to an exemption from all taxation up to the assessed
180 valuation of $25,000:
181 1. The owner of the property holds the legal or equitable
182 title to a separate parcel that receives the exemption under s.
183 196.031 and such parcel is his or her permanent residence.
184 2. As of January 1 of the taxable year, the property is
185 rented by the owner to one or more persons for residential use
186 under a bona fide written lease that has a duration of 6 months
187 or more.
188 3. The property would otherwise qualify for a homestead
189 exemption under to s. 196.031 if the property were the owner's
190 primary residence.
191 (b) Every property that qualifies to receive the exemption
192 provided in paragraph (a) is entitled to an additional exemption
193 of up to $25,000 on the assessed valuation greater than $50,000
194 for all levies other than school district levies.
195 (c) Any property that does not meet the conditions of
196 paragraph (a) for a given year may not receive the benefits
197 provided in paragraphs (a) and (b) for such year unless
198 subsection (2) applies, but the property may receive the
199 benefits in paragraphs (a) and (b) in any future year for which
200 all conditions in paragraph (a) are met.

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201 (2) For purposes of this section, when property exempted
202 under this section is damaged or destroyed by misfortune or
203 calamity and the property is uninhabitable on the January 1
204 after the damage or destruction occurs, the property shall be
205 considered to be subject to a long-term lease on January 1 and
206 an existing exemption under this section shall continue if the
207 property is otherwise qualified and if the property owner
208 notifies the property appraiser that he or she intends to repair
209 or rebuild the property and the existing or another lessee will
210 resume residency after the property is repaired or rebuilt.
211 Failure by the property owner to commence the repair or
212 rebuilding of the property within 5 years after the January 1
213 following the property's damage or destruction constitutes
214 abandonment of the property as exempt under this section. After
215 the 5-year period, the expiration, lapse, nonrenewal, or
216 revocation of a building permit issued to the property owner for
217 such repairs or rebuilding also constitutes abandonment of the
218 property under this section.
219 Section 4. Subsection (1) of section 193.1554, Florida
220 Statutes, is amended to read:
221 193.1554 Assessment of nonhomestead residential property.—
222 (1) As used in this section, the term "nonhomestead
223 residential property" means residential real property that
224 contains nine or fewer dwelling units, including vacant property
225 zoned and platted for residential use, and that does not receive

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226 the exemption under s. 196.031 or s. 196.034.
227 Section 5. Paragraph (a) of subsection (1) of section
228 194.032, Florida Statutes, is amended to read:
229 194.032 Hearing purposes; timetable.—
230 (1)(a) The value adjustment board shall meet not earlier
231 than 30 days and not later than 60 days after the mailing of the
232 notice provided in s. 194.011(1); however, no board hearing
233 shall be held before approval of all or any part of the
234 assessment rolls by the Department of Revenue. The board shall
235 meet for the following purposes:
236 1. Hearing petitions relating to assessments filed
237 pursuant to s. 194.011(3).
238 2. Hearing complaints relating to homestead exemptions as
239 provided for under s. 196.151.
240 3. Hearing appeals from exemptions denied, or disputes
241 arising from exemptions granted, upon the filing of exemption
242 applications under s. 196.011.
243 4. Hearing appeals concerning ad valorem tax deferrals and
244 classifications.
245 5. Hearing appeals from determinations that a change of
246 ownership under s. 193.155(3), a change of ownership or control
247 under s. 193.1553(4), s. 193.1554(5), or s. 193.1555(5), or a
248 qualifying improvement under s. 193.1555(5) has occurred.
249 Section 6. This act shall take effect on the effective
250 date of the amendment to the State Constitution proposed by HJR

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251 1257 or a similar joint resolution having substantially the same
252 specific intent and purpose, if such amendment is approved at
253 the next general election.

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PCS for HB 561
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 561 COMPANION BILL: CS/SB 600 (Truenow)
TITLE: Manufacturing LINKED BILLS: None
SPONSOR(S): Housing, Agriculture & Tourism RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Housing, Agriculture & Tourism

SUMMARY
Effect of the Bill:
The bill:
 Designates the Chief Manufacturing Officer among the Department of Commerce senior leadership to
support, promote, and coordinate manufacturing statewide;
 Creates the Florida Manufacturer’s Workforce Development Grant Program, which is subject to
appropriation, to fund projects supporting small manufacturers in the deployment of new technologies or
cybersecurity infrastructure and to provide workforce training; and
 The bill creates the voluntary Florida Manufacturing Promotional Campaign to increase consumer awareness
of manufacturing activities in Florida and expand market exposure for products and goods manufactured in
Florida.

Fiscal or Economic Impact:
The bill may have an impact on state expenditures. It does not appear to impact local government revenues and
expenditures.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill expands the Department of Commerce’s (Department) responsibilities to encourage and oversee
manufacturing in the state in coordination with the Chief Manufacturing Officer (CMO). The CMO serves at the
pleasure of the Secretary of the Department. Duties of the CMO include:
 Serving as the subject-matter expert on manufacturing;
 Promoting and coordinating manufacturing efforts in the state and identifying gaps across state-supported
activities;
 Provide strategic direction for interagency and cross-disciplinary activities to support manufacturing;
 Working with federal, state, regional, and local governmental entities and nongovernmental entities to
align manufacturing priorities; and
 Engaging with state agencies and water management districts to innovate processes, programs, decision
frameworks, and reporting mechanisms intended to support manufacturing in the state. (Section 1).

The bill requires all state and local governmental entities to assist the CMO to the extent is consistent with law and
with budgetary constraints. (Section 1).

The bill requires that the Department must prepare a report on manufacturing efforts in the state, and submit the
report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December
15, 2026, and every two years thereafter. (Section 1).
STORAGE NAME: PCS0561.HAT
DATE: 3/28/2025
1
Florida Manufacturer’s Workforce Development Grant Program (Grant Program)
The bill establishes the Grant Program within the Department, under the CMO’s direction, to fund proposed
projects that support small manufacturers in deploying new technologies or cybersecurity infrastructure and
providing training support to the workforce. (Section 2).

The Department, in coordination with the CMO and the state Manufacturing Extension Partnership, must review
applicants and select projects for awards that create strategic investments in workforce training to facilitate the
deployment of new technologies or cybersecurity infrastructure. Priority must be given to projects with innovative
projects focusing on workforce development for small manufacturers across the state. Final grant awards are made
at the sole discretion of the Department. (Section 2).

Grants awarded under the program must be administered by the Department from the Economic Development
Trust Fund. Applicants are authorized to seek workforce development and operations funding. However, grant
funding may not be used to pay salary, benefits, or general business or office expenses. (Section 2).

Each year, the Department must provide the public with a list of all awarded projects, detailing how each project
benefits the program's goals and objectives and the project’s current status, and it must be included in the
Department’s annual incentives report. (Section 2).

Florida Manufacturing Promotional Campaign (Campaign)
The Legislature finds that there is a need for the Campaign to:
 Increase consumer awareness of manufacturing;
 Expand market exposure for manufactured products and goods; and
 Inspire future generations of entrepreneurs, fabricators, and skilled workers to build and grow domestic
businesses and manufacturing operations. (Section 4).

The Legislature also finds that the Campaign is a partnership between industry and the state to promote and
advertise such products efficiently. (Section 4).

The bill defines the following terms:
 Campaign;
 Department;
 Manufactured product; and
 Person. (Section 5).

The bill establishes the Campaign within the Department, under the Officer's supervision and in coordination with
the state Manufacturing Extension Partnership. The Campaign serves as a voluntary marketing program to
promote manufacturing products and businesses in Florida, including:
 Developing logos for the campaign and authorize the use of such logos as provided by rule;
 Registering campaign participants;
 Collecting rental receipts for industry promotions;
 Developing in-kind advertising programs; and
 Contracting with media representatives to disperse promotional materials. (Section 6).

The bill establishes that the Campaign’s participants must register annually with the Department in a form and
manner as prescribed by the Department. (Section 7).

The bill authorizes the Department to adopt rules to adopt any other necessary rules to ensure compliance with
the provision, including, but not limited to, logos, rules governing participant registration, registration renewal,
membership classes, application forms, and other forms and enforcement measures. (Section 8).

The bill provides an effective date of July 1, 2025. (Section 9).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
RULEMAKING:
The bill provides the Department of Commerce with rulemaking authority to implement and administer the Florida
Manufacturers' Workforce Development Grant Program and the Florida Manufacturing Promotional Campaign.

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill designates a Chief Manufacturing Officer among the Department senior leadership to promote
manufacturing statewide. The Department is expected to absorb these costs within existing resources.

The Campaign created by this bill is funded by a fee authorized in CS/SB 602, a linked bill.

The bill does not appear to impact local government revenues and expenditures.

PRIVATE SECTOR:
The fiscal impact to the private sector is indeterminant. Manufacturing businesses may see increased demand due
to receiving a Florida Manufacturers’ Workforce Development Grant and/or participating in the Manufacturing
Promotional Campaign.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Manufacturing
Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing employer.1 Since
2014, Florida has increased manufacturing employment by 23.3 percent, which outpaced the other 11 states in the
top 12 for manufacturing.2 Manufacturing jobs generally pay higher wages than those in other industries. In 2022,
the average annual wage for manufacturing jobs was over $74,000, a 6.6 percent increase from 2021.3

1 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Mar. 24, 2025).
2 Id. at 2.
3 Id. at 10.
4 United States Census Bureau, North American Industry Classification System (NAICS), https://www.census.gov/naics/ (last

visited Mar. 24, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Mar. 24, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
 Nonmetallic mineral product manufacturing
 Primary metal manufacturing
 Fabricated metal product manufacturing
 Machinery manufacturing
 Computer and electronic product manufacturing
 Electrical equipment and appliances
 Transportation equipment manufacturing
 Furniture and related product manufacturing
 Miscellaneous manufacturing

Additionally, manufacturing sectors with a high value-added component, such as aviation and aerospace, defense,
microelectronics, medical devices and equipment, marine, fabricated metal products, and industrial machinery,
have helped Florida’s small and mid-size manufacturers grow quickly.6

Under the Local Manufacturing Development Program, a local government may adopt an ordinance establishing a
local manufacturing development program through which the local government may grant master development
approval for developing or expanding sites operated by manufacturers.7 Local governments may establish
procedures for a manufacturing development program that allows manufacturers to submit and, upon approval of
a master development plan, proceed with development without requiring additional local approvals, except for
building permits.8 The approval process must be coordinated with the Department.9 Additionally, the Department
has developed a model local manufacturing development program ordinance to guide local governments that
intend to establish a local manufacturing development program.10 Currently, only Manatee and Volusia County
have adopted an ordinance.11

Workforce Training Programs
CareerSource Florida, a not-for-profit corporation administratively housed within the Department,12 is the
statewide workforce policy and investment board comprised of business and government leaders that helps
Floridians enter, remain in, and advance in the workplace so that they may become more highly skilled and
successful. The program also connects employers with qualified and skilled employees.13 Workforce training is
administered through the 21 local workforce development boards.14

The Florida Job Growth Grant Fund is an economic development program that improves public infrastructure and
workforce training across the state.15 Proposals are reviewed by the Department and chosen by the Governor to
meet the demand for workforce or infrastructure needs in the communities they are awarded to.16

6 Id. at 47
7 S. 163.3252, F.S.
8 S. 163.3252(3), F.S.
9 S. 163.3253, F.S.
10 S. 163.3252, F.S.
11 Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at

https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Mar. 24, 2025).
12 S. 445.004(1), F.S.
13 See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Mar. 24, 2025).
14 Florida Commerce, Local Workforce Development Boards, https://www.floridajobs.org/local-workforce-development-board-

resources/workforce-development-boards/local-workforce-development-boards? (last visited Mar. 24, 2025).
15 S. 288.101(1), F.S.
16 See s. 288.101(2), F.S.
17 National Institute of Standards and Technology (NIST), MEP National Network, https://www.nist.gov/mep/mep-national-

network? (last visited Mar. 24, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Commerce’s National Institute of Standards and Technology (NIST).18 The MEP National Network, the mission of
which is to strengthen and empower U.S. manufacturers, is comprised of NIST’s Manufacturing Extension
Partnership (NIST MEP), the 51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board,
MEP Center boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors and
experts at approximately 460 MEP service locations, providing any U.S. manufacturer with access to resources they
need to succeed.19 FloridaMakes is the official representative of the MEP National Network and NIST MEP in the
state of Florida.20

The Department collaborates with FloridaMakes to promote and support the growth of Florida's manufacturing
sector by providing resources, data, and partnership opportunities to manufacturers, often highlighting the
industry's economic impact through initiatives like the "Florida Manufacturing Report" which is developed jointly
by both entities.21

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Housing, Agriculture Curtin Rodriguez
& Tourism Subcommittee

18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Mar. 24, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Mar. 24, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for HB 561 ORIGINAL 2025

1 A bill to be entitled
2 An act relating to manufacturing; amending s. 20.60,
3 F.S.; revising the duties of the Department of
4 Commerce; creating s. 20.6051, F.S.; establishing the
5 Chief Manufacturing Officer among the senior
6 leadership of the department; providing that the Chief
7 Manufacturing Officer is appointed by and serves at
8 the pleasure of the Secretary of Commerce; providing
9 responsibilities for the Chief Manufacturing Officer;
10 directing all state and local governmental entities to
11 assist the Chief Manufacturing Officer; requiring the
12 department to prepare a report regarding manufacturing
13 efforts in this state; requiring the department to
14 submit its report on a specified date and biennially
15 thereafter to the Governor and the Legislature;
16 requiring that the report include certain information;
17 creating s. 288.103, F.S.; creating the Florida
18 Manufacturers' Workforce Development Grant Program;
19 providing that the grant program is created within the
20 department and under the direction of the Chief
21 Manufacturing Officer in consultation with the state's
22 Manufacturing Extension Partnership; providing a
23 specified purpose for the grant program; requiring the
24 department, in coordination with the Chief
25 Manufacturing Officer and the state's Manufacturing

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26 Extension Partnership, to review applications
27 submitted to the grant program and to select specified
28 projects for grant awards; providing that the
29 department has sole discretion in awarding final
30 grants to projects; requiring that priority be given
31 to projects that meet certain criteria; authorizing
32 applicants to seek funding for a specified purpose;
33 requiring the department to administer the grant
34 awards from the Economic Development Trust Fund;
35 requiring the department to include certain
36 information in its annual incentives report;
37 authorizing the department to adopt rules; creating s.
38 288.1031, F.S.; providing legislative findings;
39 creating s. 288.1032, F.S.; providing definitions;
40 creating s. 288.1033, F.S.; creating the Florida
41 Manufacturing Promotional Campaign within the
42 department; providing the purpose of the campaign;
43 requiring the department to take certain actions in
44 promoting the campaign; creating s. 288.1034, F.S.;
45 requiring persons that participate in the campaign to
46 register annually with the department; creating s.
47 288.1036, F.S.; authorizing the department to adopt
48 rules; authorizing the department to establish, by
49 rule, the logos or product identifiers to be depicted
50 for use in the campaign; providing an effective date.

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PCS for HB 561 ORIGINAL 2025

51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Paragraph (m) is added to subsection (4) of
55 section 20.60, Florida Statutes, to read:
56 20.60 Department of Commerce; creation; powers and
57 duties.—
58 (4) The purpose of the department is to assist the
59 Governor in working with the Legislature, state agencies,
60 business leaders, and economic development professionals to
61 formulate and implement coherent and consistent policies and
62 strategies designed to promote economic opportunities for all
63 Floridians. The department is the state's chief agency for
64 business recruitment and expansion and economic development. To
65 accomplish such purposes, the department shall:
66 (m) Encourage and oversee manufacturing in this state in
67 coordination with the Chief Manufacturing Officer.
68 Section 2. Section 20.6051, Florida Statutes, is created
69 to read:
70 20.6051 Chief Manufacturing Officer.—
71 (1) There shall be designated among the senior leadership
72 of the Department of Commerce a Chief Manufacturing Officer for
73 the purpose of supporting the manufacturing ecosystem statewide.
74 The Chief Manufacturing Officer is appointed by and serves at
75 the pleasure of the Secretary of Commerce.

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76 (2) The Chief Manufacturing Officer shall:
77 (a) Serve as a subject-matter expert for the state on
78 issues related to manufacturing.
79 (b) Be responsible for promoting and coordinating
80 manufacturing efforts in this state and identifying gaps across
81 state-supported activities.
82 (c) Provide strategic direction for interagency and cross-
83 disciplinary initiatives to promote and support manufacturing in
84 this state.
85 (d) Work with federal, state, regional, and local
86 governmental entities and nongovernmental entities to align
87 manufacturing priorities in this state.
88 (e) Engage with state agencies and water management
89 districts to innovate processes, programs, decision frameworks,
90 and reporting mechanisms intended to support manufacturing in
91 this state.
92 (3) All state and local governmental entities shall assist
93 the Chief Manufacturing Officer to the extent such assistance is
94 consistent with law and with budgetary constraints.
95 (4) The department shall prepare a report, in consultation
96 with the Chief Manufacturing Officer and the state Manufacturing
97 Extension Partnership, regarding manufacturing efforts in this
98 state. The department shall submit the report to the Governor,
99 the President of the Senate, and the Speaker of the House of
100 Representatives by December 15, 2026, and every 2 years

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101 thereafter. The report must include information regarding the
102 strength and economic importance of the manufacturing industry
103 in this state.
104 Section 3. Section 288.103, Florida Statutes, is created
105 to read:
106 288.103 Florida Manufacturers' Workforce Development Grant
107 Program.—
108 (1) The Florida Manufacturers' Workforce Development Grant
109 Program is created within the Department of Commerce, under the
110 direction of the Chief Manufacturing Officer and in consultation
111 with the state Manufacturing Extension Partnership, to fund
112 proposed projects, subject to appropriation by the Legislature,
113 which support small manufacturers in this state with the
114 deployment of new technologies or cybersecurity infrastructure
115 and to provide training support to the workforce.
116 (2) The department, in coordination with the Chief
117 Manufacturing Officer and the state Manufacturing Extension
118 Partnership, shall review applications submitted and select
119 projects for awards which create strategic investments in
120 workforce training to facilitate the deployment of new
121 technologies or cybersecurity infrastructure. Final grant awards
122 are made at the sole discretion of the department.
123 (3) Priority must be given to projects with innovative
124 plans, advanced technologies, and development strategies that
125 focus on workforce development for small manufacturers across

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126 this state.
127 (4) Applicants may seek funding for workforce development
128 and operations, but grant funding awarded under this section may
129 not be used to pay salary and benefits or general business or
130 office expenses. Grants awarded under the program shall be
131 administered by the department from the Economic Development
132 Trust Fund established in s. 288.095.
133 (5) The department shall annually provide a list to the
134 public of each project awarded a grant, the benefit of each
135 project in meeting the goals and objectives of the program, and
136 the current status of each project. The department shall include
137 such information in its annual incentives report required under
138 s. 288.0065.
139 (6) The department may adopt rules to implement this
140 section.
141 Section 4. Section 288.1031, Florida Statutes, is created
142 to read:
143 288.1031 Legislative findings.—The Legislature finds that
144 there is a need for the Florida Manufacturing Promotional
145 Campaign, established in s. 288.1033, to increase consumer
146 awareness of manufacturing activities in this state, to expand
147 market exposure for manufactured products and goods in this
148 state, and to inspire future generations of entrepreneurs,
149 fabricators, and skilled workers to build and grow domestic
150 businesses and manufacturing operations in this state. The

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151 Legislature further finds that a campaign that creates a
152 partnership between industry and this state is necessary to
153 promote and advertise such products efficiently.
154 Section 5. Section 288.1032, Florida Statutes, is created
155 to read:
156 288.1032 Definitions.—As used in ss. 288.1031-288.1036,
157 the term:
158 (1) "Campaign" means the Florida Manufacturing Promotional
159 Campaign.
160 (2) "Department" means the Department of Commerce.
161 (3) "Manufactured product" means any tangible personal
162 property that has been fabricated or produced, often through
163 industrial or mechanical processes. The term includes items sold
164 or leased to consumers.
165 (4) "Person" means an individual, a firm, a partnership, a
166 corporation, an association, a business, a trust, a legal
167 representative, or any other business unit.
168 Section 6. Section 288.1033, Florida Statutes, is created
169 to read:
170 288.1033 Florida Manufacturing Promotional Campaign;
171 purpose; duties of the department.—There is created within the
172 department, under the supervision of the Chief Manufacturing
173 Officer and in coordination with the state Manufacturing
174 Extension Partnership, the Florida Manufacturing Promotional
175 Campaign. The purpose of the campaign is to serve as a voluntary

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176 marketing program to promote manufacturing products and
177 businesses in this state. In promoting the campaign, the
178 department shall do all of the following:
179 (1) Develop logos for the campaign and authorize the use
180 of such logos as provided by rule.
181 (2) Register campaign participants.
182 (3) Collect rental receipts for industry promotions.
183 (4) Develop in-kind advertising programs.
184 (5) Contract with media representatives for the purpose of
185 dispersing promotional materials.
186 Section 7. Section 288.1034, Florida Statutes, is created
187 to read:
188 288.1034 Registration.—A person that participates in the
189 Florida Manufacturing Promotional Campaign must register
190 annually with the department in a form and manner as prescribed
191 by the department.
192 Section 8. Section 288.1036, Florida Statutes, is created
193 to read:
194 288.1036 Rulemaking authority.—The department may adopt
195 rules to implement and administer the Florida Manufacturing
196 Promotional Campaign. By rule, the department may establish the
197 logos or product identifiers to be depicted for use in the
198 campaign for advertising, publicizing, and promoting the sale of
199 manufactured products in this state. The department may also
200 adopt any other rules deemed necessary to ensure compliance with

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201 the Florida Manufacturing Promotional Campaign, including, but
202 not limited to, rules governing participant registration,
203 renewal of registration, classes of membership, application
204 forms, and other forms and enforcement measures.
205 Section 9. This act shall take effect July 1, 2025.

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PCS for HB 563
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 563 COMPANION BILL: CS/SB 602 (Truenow)
TITLE: Fees/Florida Manufacturing Promotional LINKED BILLS: None
Campaign RELATED BILLS: None
SPONSOR(S): Housing, Agriculture & Tourism
Subcommittee
Committee References
Orig. Comm.: Housing, Agriculture & Tourism

SUMMARY
Effect of the Bill:
Requires the Department of Commerce to assess an annual fee, not exceeding $100, from those who register to
participate in the voluntary Florida Manufacturing Promotional Campaign; fees must be deposited into the
Economic Development Trust Fund and used solely for administering the campaign.

Fiscal or Economic Impact:
The bill may have an indeterminate impact on the Department of Commerce and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill requires the Department of Commerce (Department) to assess and collect an annual fee not to exceed $100
per registrant to fund the costs of administering the voluntary Florida Manufacturing Promotional Campaign
(Campaign). The fees must be deposited into the Economic Development Trust Fund to be used solely for
administering the campaign. (Section 1).

The bill shall take effect on the same date as HB 561 or similar legislation, if adopted in the same legislative session
or an extension thereof. (Section 2).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
Creating the Florida Manufacturing Promotional Campaign may have a fiscal impact on the Department.

PRIVATE SECTOR:
There may be a positive fiscal impact on the private sector. Those who register to participate in the Florida
Manufacturing Promotional Campaign may experience increased market exposure and additional business.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Manufacturing

STORAGE NAME: PCS0563.HAT
DATE: 3/28/2025
1
Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing employer.1 Since
2014, Florida has increased manufacturing employment by 23.3 percent, which outpaced the other 11 states in the
top 12 for manufacturing.2 Manufacturing jobs generally pay higher wages than those in other industries. In 2022,
the average annual wage for manufacturing jobs was over $74,000, a 6.6 percent increase from 2021.3

The North American Industry Classification System (NAICS) is the standard used by federal statistical agencies to
classify businesses by industry type for the purpose of statistical data collection and analysis related to the U.S.
economy.4 NAICS Sector Codes 311-339 include unique manufacturing industries in Florida that have outpaced the
nation in job growth, which include, but are not limited to, the following:5
 Food manufacturing
 Beverage and tobacco product manufacturing
 Textile mills and textile product mills
 Apparel manufacturing
 Leather and allied product manufacturing
 Wood product and paper manufacturing
 Printing and related support activities
 Petroleum and coal products manufacturing
 Chemical manufacturing
 Plastics and rubber products manufacturing
 Nonmetallic mineral product manufacturing
 Primary metal manufacturing
 Fabricated metal product manufacturing
 Machinery manufacturing
 Computer and electronic product manufacturing
 Electrical equipment and appliances
 Transportation equipment manufacturing
 Furniture and related product manufacturing
 Miscellaneous manufacturing

1 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

visited Mar. 24, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Mar. 24, 2025).
6 Id. at 47
7 S. 163.3252, F.S.
8 S. 163.3252(3), F.S.
9 S. 163.3253, F.S.

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2
intend to establish a local manufacturing development program.10 Currently, only Manatee and Volusia County
have adopted an ordinance.11

Manufacturing Extension Partnership (MEP)
The MEP National Network is a public-private partnership that delivers comprehensive solutions to U.S.
manufacturers, fueling growth and advancing U.S. manufacturing.17 MEP is part of the U.S. Department of
Commerce’s National Institute of Standards and Technology (NIST).18 The MEP National Network, the mission of
which is to strengthen and empower U.S. manufacturers, is comprised of NIST’s Manufacturing Extension
Partnership (NIST MEP), the 51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board,
MEP Center boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors and
experts at approximately 460 MEP service locations, providing any U.S. manufacturer with access to resources they
need to succeed.19 FloridaMakes is the official representative of the MEP National Network and NIST MEP in the
state of Florida.20

State Constitution
Section 19 of Article VII of the State Constitution requires a “state tax or fee imposed, authorized, or raised under
this section must be contained in a separate bill that contains no other subject.” A “fee” is defined by the Florida
Constitution to mean “any charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.”22 Section 19 of Article VII of the State Constitution also requires that a tax or fee raised by
the Legislature must be approved by two-thirds of the membership of each house of the Legislature.

10 S. 163.3252, F.S.
11 Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at

network? (last visited Mar. 24, 2025).
18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Mar. 24, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Mar. 24, 2025).
22 FLA. CONST. art. VII, s. 19(d)(1).

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3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Housing, Agriculture Curtin Rodriguez
& Tourism Subcommittee

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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

PCS for HB 563 ORIGINAL 2025

1 A bill to be entitled
2 An act relating to fees; creating s. 288.1035, F.S.;
3 requiring the Department of Commerce to assess and
4 collect a specified annual fee sufficient to fund the
5 costs of administering the voluntary Florida
6 Manufacturing Promotional Campaign; requiring that
7 such fees be deposited into the Economic Development
8 Trust Fund for a specified purpose; providing a
9 contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 288.1035, Florida Statutes, is created
14 to read:
15 288.1035 Fees.—
16 (1) The department shall assess and collect an annual
17 registration fee not to exceed $100 per registrant to fund the
18 costs of administering the voluntary Florida Manufacturing
19 Promotional Campaign.
20 (2) Fees must be deposited into the Economic Development
21 Trust Fund established in s. 288.095 to be used solely for
22 administering the campaign.
23 Section 2. This act shall take effect on the same date
24 that HB 561 or other similar legislation takes effect, if such
25 legislation is adopted in the same legislative session or an

Page 1 of 2
PCS for HB 563
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for HB 563 ORIGINAL 2025

26 extension thereof and becomes a law.

Page 2 of 2
PCS for HB 563
CODING: Words stricken are deletions; words underlined are additions.
V
PCB HAT 25-01
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 #: PCB HAT 25-01 COMPANION BILL: None
TITLE: Hemp Consumable THC Products LINKED BILLS: PCB HAT 25-02
SPONSOR(S): Housing, Agriculture & Tourism RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Housing, Agriculture & Tourism

SUMMARY
Effect of the Bill:
The bill:
 Amends and creates definitions for certain terms under the state hemp program;
 Creates new regulations and limitations for the sale of hemp consumable THC products in the state;
 Creates new regulations for delivery sales of hemp consumable THC products to consumers in the state;
 Makes all hemp consumable THC products sold, offered for sale, delivered, or distributed in violation of the
state hemp program and the delivery sales requirements for hemp consumable THC products, contraband;
 Prohibits the ingestion of hemp consumable THC products near schools;
 Authorizes the Division of Alcoholic Beverages, housed within the Department of Business and Professional
Regulation, to take certain actions against tobacco retailers’ and nicotine product dealers’ permits for
violating the state hemp program or the delivery sales requirements for hemp consumable THC products.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
State Hemp Program

Definitions

The bill amends the definition of “attractive to children” under the state hemp program to mean:
 Manufactured in the shape of or packaged in containers or packages displaying humans, cartoons, animals,
toys, or other features that target children;
 Manufactured in a form or packaged in a container or package that bears any reasonable resemblance to an
existing candy or snack product that is familiar to the public;
 Manufactured in a form or packaged in a container or package that bears any reasonable resemblance to a
branded food product such that the product could be mistaken for the branded food product, especially by
children; or
 Containing any color additives. (Section 2)

The bill defines “cigarette” as any roll for smoking. (Section 2)

The bill removes the definition for the term “hemp extract” and replaces it with a definition for “hemp consumable
THC product,” which means a substance or compound intended for ingestion, containing more than trace amounts
STORAGE NAME: PCB01.HAT
DATE: 3/31/2025
1
of tetrahydrocannabinol derived from hemp or any other source, or for inhalation which is derived from or
contains tetrahydrocannabinol derived from hemp or any other source, and which does not contain controlled
substances. The term does not include synthetic cannabidiol or seeds or seed-derived ingredients that are
generally recognized as safe by the U.S. Food and Drug Administration or marijuana used for medical purposes
under s. 381.986, F.S. (Section 2)

The bill amends the definition of “independent testing laboratory” to mean a laboratory that:
 Does not have a direct or indirect interest in the entity whose product is being tested;
 Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or
sells hemp or hemp consumable THC products hemp extract in the state or in another jurisdiction or
cultivates, processes, distributes, dispenses, or sells marijuana, as defined in s. 381.986, F.S.; and
 Is certified by the Department of Health as a medical marijuana testing laboratory pursuant to s. 381.988,
F.S., or is certified by the Department of Agriculture and Consumer Services (DACS) as being substantially
equivalent to a medical marijuana testing laboratory. (Section 2)

The bill creates definitions for the following terms:
 "Manufacturer" means any person or entity that engages in the process of manufacturing, preparing, or
packaging hemp consumable THC products.
 "Retailer" means any person or entity who sells hemp consumable THC products to consumers.
 "Vapor-generating electronic device" means any device or product that employs an electronic, chemical, or
mechanical means of producing vapor or aerosol from a hemp consumable THC product or any other
substance, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or other similar device or product; any replacement cartridge for such device or product;
and any other container of a solution or other substance intended to be used with or within such device or
product.
 "Wholesaler" means any person or entity located within or outside this state which delivers or sells hemp
consumable THC products to retailers or other persons for purposes of resale. (Section 2)

Hemp Consumable THC Products

The bill prohibits hemp consumable THC products from being distributed and sold in the state unless the product:
 Has a certificate of analysis prepared by an independent testing laboratory that includes certain
statements.
 Was tested by an independent testing laboratory, and the laboratory's certificate of analysis states:
o The hemp consumable THC product was tested for cannabinoids, heavy metals, mycotoxins,
pesticides, residual solvents, any other controlled substance, any other substance DACS deems
necessary.
o The hemp consumable THC product contained a total delta-9-tetrahydrocannabinol concentration
that did not exceed 0.3 percent pursuant to the testing of a sample of the hemp consumable THC
product.
o The hemp consumable THC product contained tetrahydrocannabinol that did not exceed the
limitations.
o The product does not contain contaminants unsafe for human consumption.
 Is distributed or sold in a container and package that includes:
o A scannable barcode or quick response code linked to the certificate of analysis of the hemp
consumable THC product by an independent testing laboratory;
o The hemp consumable THC product number;
o The Internet address of a website where batch information may be obtained;
o The expiration date of the hemp consumable THC product; and
o The number of milligrams of each marketed cannabinoid per serving.

Manufacturers, wholesalers, and retailers are required to have their hemp consumable THC products tested by an
independent testing laboratory. A wholesaler or retailer is not required to test its hemp consumable THC products
if the product is packaged in a manner that may be sold to the ultimate consumer when the wholesaler or retailer

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2
receives the product from the manufacturer or wholesaler; was tested by the manufacturer or wholesaler; and has
not been opened by the wholesaler or retailer.

The bill specifies that hemp consumable THC products may only be distributed and sold in the state if the product
is distributed or sold in a container and package that:
 Is suitable to contain products for human consumption;
 Is composed of materials designed to minimize exposure to light;
 Mitigates exposure to high temperatures;
 Is a single color and not transparent. However, the universal symbol, scannable barcode, quick response
code, and any text must be a different color than the container and package;
 Does not contain any pictures or images other than a single logo, which may not be attractive to children
and may not cover more than 20 percent of the container or package;
 Does not contain any text, pictures, or images that directly or indirectly say the product causes or may
cause an intoxicating or psychoactive effect;
 Contains a clear and conspicuous warning on the front of the package and container that is developed by
the department and states the product contains tetrahydrocannabinol;
 Contains a hemp consumable THC product universal symbol developed by DACS;
 Contains the number of milligrams of tetrahydrocannabinol in the container and package and the amount
in each individual serving in a clear and conspicuous manner;
 Is not attractive to children; and
 Is compliant with the U.S. Poison Prevention Packaging Act of 1970,1 without regard to provided
exemptions. The bill specifies a beverage is complaint with that Act if the beverage is in a sealed container.
(Section 2)

The bill provides that hemp consumable THC products may only be sold at retail subject to the following
limitations, which are repealed December 31, 2028:
 Beverages must contain no more than 5 milligrams of tetrahydrocannabinol per 6 ounces; be in a container
that holds no more than 12 ounces; and be in a package with no more than 10 containers per package.
 Cigarettes and vapor-generating electronic devices must contain no more than 2.5 milligrams of
tetrahydrocannabinol per gram; be in a cigarette or vapor-generating electronic device that contains no
more than 1 gram; be in a container that holds no more than 20 cigarettes or vapor-generating electronic
devices; and be in a package that contains no more than one container.
 Edibles must contain no more than 2.5 milligrams of tetrahydrocannabinol per gram; be in an edible that
contains no more than 2 grams and is individually wrapped; be in a container with no more than 20
edibles; and be in a package that contains no more than one container.
 Tinctures must contain no more than 100 milligrams of tetrahydrocannabinol per 35 grams; be in a
container that holds no more than 35 grams; be in a package that holds no more than one container.
(Section 2)

Effective January 1, 2029, the bill provides that hemp consumable THC products may only be sold at retail subject
to the following limitations:
 Beverages must contain no more than 2.5 milligrams of tetrahydrocannabinol per 6 ounces; be in a
container that holds no more than 12 ounces; and be in a package with no more than 10 containers per
package.
 Cigarettes and vapor-generating electronic devices must contain no more than 1.25 milligrams of
tetrahydrocannabinol per gram; be in a cigarette or vapor-generating electronic device that contains no
more than 1 gram; be in a container that holds no more than 20 cigarettes or vapor-generating electronic
devices; and be in a package that contains no more than one container.
 Edibles must contain no more than 1.25 milligrams of tetrahydrocannabinol per gram; be in an edible that
contains no more than 2 grams and is individually wrapped; be in a container with no more than 20
edibles; and be in a package that contains no more than one container.

1 15 U.S.C. ss. 1471 et seq.

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3
 Tinctures must contain no more than 50 milligrams of tetrahydrocannabinol per 35 grams; be in a
container that holds no more than 35 grams; and be in a package that holds no more than one container.
(Section 2)

The bill specifies that the above provisions do not limit the amount of cannabidiol allowed in hemp consumable
THC products. (Section 2)

Under the bill, the retail sale and delivery of hemp consumable THC products is prohibited, except:
 At establishments that have a food permit from DACS and prohibit the presence of persons under 21 years
of age on the establishment's premises;
 At establishments that have a food permit from DACS and have a quota license issued under s.
565.02(1)(a)-(f), F.S.;2 or
 In accordance with the mail order, Internet, and remote sales of hemp consumable THC products
requirements in s. 581.218, F.S. (Section 2)

The bill prohibits hemp consumable THC products from being sold, given, bartered, furnished, or delivered to
consumers at wholesale or at festivals, fairs, trade shows, farmers markets, expositions, or pop-up retail
establishments. (Section 2)

The bill also prohibits a person or entity from selling, delivering, bartering, giving, or furnishing hemp consumable
THC products that total more than 100 milligrams of tetrahydrocannabinol to a person in a 24-hour period unless
the person receiving the hemp consumable THC products is receiving the products on behalf of a cultivator,
manufacturer, wholesaler, or retailer for resale. (Section 2)

Under current law, hemp consumable THC products that are intended for human ingestion or inhalation and that
contain hemp extract, including, but not limited to, snuff, chewing gum, and other smokeless products, may not be
sold, delivered, bartered, given, or furnished in this state to a person who is under 21 years of age. For purposes of
this prohibition, the bill provides that:
 A first violation of the prohibition constitutes a misdemeanor of the second degree, punishable as provided
in s. 775.082, F.S., or s. 775.083, F.S..
 A second violation within 12 months after the first violation constitutes a misdemeanor of the first degree,
punishable as provided in s. 775.082, F.S., or s. 775.083, F.S.
 A third or subsequent violation within 12 months after the second violation constitutes a felony of the third
degree, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. (Section 2)

Delivery Sales of Hemp Consumable THC Products

The bill creates requirements for the delivery of mail order, Internet, and other remote sales of hemp consumable
THC products to consumers, referred to as “delivery sales” that mirror the delivery sales requirements for nicotine
products. (Section 3)

Seizure and Destruction of Contraband Nicotine Dispensing Devices

The bill declares all hemp consumable THC products sold, offered for sale, delivered, or distributed in violation of
the state hemp program and the delivery sales requirements for hemp consumable THC products to be contraband.
The contraband may be seized and confiscated per the Florida Contraband Forfeiture Act. (Section 4)

The bill requires:

2 For purposes of these provisions, the bill specifies that establishments with a quota licensed issued under s. 565.02(1)(a)-(f),

F.S., which allow the presence of persons under 21 years of age on the establishment's premises must place hemp consumable
THC products, not including beverages, in an area inaccessible to customers. Such establishments may place hemp consumable
THC products, not including beverages, in an open display unit as long as the unit is located in an area that is inaccessible to
customers. (Section 2)
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4
 The cost of seizure and destruction of the contraband is to be borne by the person from whom such hemp
consumable THC products are seized.
 Courts having jurisdiction must order the destruction and forfeiture of contraband hemp consumable THC
products:
o Upon a showing that more likely than not such products were sold, offered for sale, delivered, or
distributed contrary to any provision of the state hemp program and the delivery sales
requirements for hemp consumable THC products.
o Once any administrative proceedings under Ch. 120, F.S. related to such devices have been
completed.
 The officer who destroys the contraband must report and return under oath to the court the following
information:
o The place where the contraband was seized,
o The kind and quantity of such contraband seized, and
o The time, place, and manner of the destruction of such contraband. (Section 4)

The bill requires DACS or the seizing law enforcement agency to maintain a full and complete record of all seized
hemp consumable THC products showing:
 The exact types, kinds, and quantities, and forms of such products.
 The persons from whom such products were seized and to whom they were delivered.
 By whose authority such the products were received, delivered, or destroyed.
 The dates of the receipt, disposal, or destruction of the products.
o The bill requires such record to be available for inspection by all persons charged with the
enforcement of the state hemp program and the delivery sales requirements of hemp consumable
THC products. (Section 4)

Prohibition of Ingesting Hemp Consumable THC Products Near Schools

The bill creates a prohibition on ingesting hemp consumable THC products near schools that is similar to the
Florida Clean Air Act. (Section 5)

Specifically, the bill prohibits any person from ingesting hemp consumable THC products within 1,000 feet of a
public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. Persons in a
moving vehicle or within a private residence are exempt from such prohibition. (Section 5)

A person who violates the prohibition is subject to a noncriminal civil penalty not to exceed $25, 50 hours of
community service or, where available, successful completion of a school approved anti-drug “alternative to
suspension” program. (Section 5)

Division of Alcoholic Beverages

The bill authorizes the Department of Business and Professional Regulation’s Division of Alcoholic Beverages and
Tobacco to discipline tobacco retailers’ and nicotine product dealers’ permits for violating the state hemp program
or the delivery sales requirements for hemp consumable THC products. (Section 8 and 9)

The bill clarifies that alcoholic beverage quota licensees may sell hemp consumable THC products. (Section 6 and
7)

RULEMAKING:
The bill requires DACS to adopt rules establishing:
 The standards for certification and the testing and reporting of hemp consumable THC products.
 The procedure for initial certification and biennial renewal.
 Packaging and labeling requirements that ensure that hemp consumable THC products do not violate the
bill’s provisions. (Section 2)

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5
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Hemp

In the Agricultural Improvement Act of 2014 (2014 Farm Bill), the U.S. Congress defined industrial hemp and
allowed state departments of agriculture or universities to grow and produce industrial hemp as part of research
or pilot programs. Specifically, the law allowed universities and state departments of agriculture to grow or
cultivate industrial hemp if:
 The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot
program or other agricultural or academic research; and
 The growing or cultivating of industrial hemp is allowed under the laws of the state in which such
institutions of higher education or state department of agriculture is located, and such research occurs.3

The 2014 Farm Bill defined “industrial hemp” to mean:

[T]he plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or
not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry
weight basis.4

Section 1004.4473, F.S., authorized the Department of Agriculture and Consumer Services (DACS)to oversee the
development of industrial hemp pilot projects for the Institute of Food and Agricultural Sciences (IFAS) at the
University of Florida, Florida Agricultural and Mechanical University, any land grant university in the state that has
a college of agriculture, and any Florida College System institution or state university that has an established
agriculture, engineering, or pharmacy program.5 The purpose of the pilot projects is to cultivate, process, test,
research, create, and market safe and effective commercial applications for industrial hemp in the agricultural
sector in this state.6

In the Agricultural Improvement Act of 2018 (2018 Farm Bill), the U.S. Congress legalized industrial hemp as an
agricultural product by removing hemp’s classification as a controlled substance.7 The 2018 Farm Bill defined
“hemp” to mean:

The 2018 Farm Bill allows a state department of agriculture or an Indian tribe to submit a plan to the United States
Secretary of Agriculture and apply for primary regulatory authority over the production of hemp in their state or
tribal territory. A state or tribal plan must include:
 A procedure for tracking land upon which hemp will be produced;
 Testing methods for determining THC concentration levels of hemp;
 Methods for effective disposal of noncompliant products;

3 Agricultural Improvement Act of 2014, Pub. L. No. 113-79, s. 7606, 128 Stat. 912 (2014) (codified at 7 U.S.C. s. 5940).
4 Id.
5 Section 1004.4473(2)(a), F.S.
6 Fla. Admin. Code R. 5B-57.013 (2018).
7 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 12619, 132 Stat. 409 (2018) (codified at 21 U.S.C 802(16)).
8 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C. s. 1639o).

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6
 Enforcement procedures;
 Inspection procedures; and
 Certification procedures for the persons authorized to produce hemp producers, test hemp products,
inspect hemp producers, and enforce the provisions of the state or tribal plan.9

The state hemp program was created within DACS to regulate the cultivation of hemp in Florida.10

Section 581.217(3)(e), F.S., defines “hemp” to mean:

[T]he plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether
growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed
0.3 percent on a dry-weight basis, with the exemption of hemp extract, which may not exceed 0.3
percent total delta-9-tetrahydrocannabinol on a wet-weight basis.

A license is required to cultivate hemp11 and to obtain a license, a person must apply to DACS and submit a full set
of fingerprints.12 A person seeking to cultivate hemp must provide DACS with a legal land description and GPS
coordinates of where the hemp will be cultivated.13 DACS must deny an application under certain circumstances.14

DACS was required to seek federal approval of the state plan for the regulation of the cultivation of hemp with the
United States Secretary of Agriculture in accordance with the 2018 Farm Bill within 30 days of adopting rules.15

Section 581.217(3)(f), F.S., defines “hemp extract” to mean:

[A] substance or compound intended for ingestion, containing more than trace amounts of
cannabinoid, or for inhalation which is derived from or contains hemp, and which does not contain
other controlled substances.” The term does not include synthetic cannabidiol or seeds or seed-
derived ingredients that are generally recognized as safe by the United States Food and Drug
Administration.16 Products that are intended for inhalation and contain hemp extract may not be
sold to a person who is under 21 years of age.17

Section 500.03(1)(n), F.S., provides that “hemp extract” is a food product.

Food Safety

DACS is the agency responsible for the enforcement of the production, manufacture, transportation, and sale of
food. DACS’s Division of Food Safety (Division)is directly responsible for assuring the public of a safe, wholesome,
and properly represented food supply.18

The Division accomplishes this through the permitting and inspection of food establishments, the inspection and
evaluation of food products, and the performance of specialized laboratory testing on a variety of food products
sold or produced in Florida. The Division also proactively monitors food from manufacturing and distribution to
retail.

9 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C. s. 1639p).
10 See s. 581.217, F.S.
11 S. 581.217(5)(a), F.S.
12 S. 581.217(5)(b), F.S.
13 S. 581.217(5)(d), F.S.
14 S. 581.217(5)(e), F.S.
15 S. 581.217(4), F.S.
16 S. 581.219(3)(f), F.S.
17 S. 581.217(7)(d), F.S. (emphasis supplied)
18
Department of Agriculture and Consumer Services, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety
(last visited Mar. 29, 2025).
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7
DACS, as part of its responsibilities, may impose a variety of disciplinary actions against food establishments for
specified violations.19 This includes, but is not limited to, revoking or suspending the permit of a food
establishment20 or imposing Class III21 administrative fines.22 DACS, or its duly authorized agent, may also issue
and enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds that any food, food processing
equipment, food processing area, or food storage area is in violation of the Florida Food Safety Act.23

Distribution and Retail Sale

Hemp extract may be distributed and sold if the product has a certificate of analysis prepared by an independent
testing laboratory that states:
 The hemp extract is the product of a batch tested by the independent testing laboratory;
 The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent
pursuant to the testing of a random sample of the batch;
 The batch does not contain contaminants unsafe for human consumption; and
 The batch was processed in a facility that meets certain human health or food safety requirements.24

Additionally, hemp extract may only be distributed or sold in a container that includes:
 A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch
by an independent testing laboratory;
 The batch number;
 The Internet address of a website where batch information may be obtained;
 The expiration date; and
 The number of milligrams of each marketed cannabinoid per serving.25

Such a container must:
 Be suitable to contain products for human consumption;
 Be composed of materials designed to minimize exposure to light;
 Mitigate exposure to high temperatures;
 Not be attractive to children; and
 Be compliant with the United States Poison Prevention Packaging Act of 1970.26

“Attractive to children” means manufactured in the shape of humans, cartoons or animals; manufactured in a form
that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely
distributed, branded food product such that a product could be mistaken for the branded product, especially by
children, or containing color additives.27

Delivery Sales of Nicotine Products

Each person who mails, ships, or otherwise delivers nicotine products or nicotine dispensing devices in connection
with an order for a delivery sale to a consumer must:28
 Include, as part of the shipping documents, in a clear and conspicuous manner, the following statement:
“Nicotine Products: Florida law prohibits shipping to individuals under 21 years of age.”
 Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of a person 21 years of age or older who resides at the delivery address and
obtain proof of the legal minimum purchase age of the individual accepting delivery.
19
S. 500.121(1), F.S.
20
Id.
21
The fine for each Class III violation cannot exceed $10,000. S. 570.971(1)(c), F.S.
22
S. 500.121(1), F.S.
23
S. 500.172(1), F.S.
24 S. 581.217(7)(a), F.S.
25 Id.
26 S. 581.217(7)(a), F.S.
27 S. 581.217(3)(a), F.S.
28 S. 569.45, F.S.

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8
o Require proof that the individual accepting delivery is either the addressee or the adult designated
by the addressee, in the form of a valid, government-issued identification card bearing a
photograph of the individual who signs to accept delivery of the shipping container.

Before the first delivery to a consumer, the person mailing, shipping, or delivering the nicotine products must:29
 Obtain a certification from the person accepting delivery that includes reliable confirmation that the person
accepting the delivery is 21 years of age or older, and a written statement under penalty of perjury
providing the person’s date of birth, address, and confirmation that the person wants to accept the
delivery;
 Make a good faith effort to verify the information in the certification by checking the information against a
commercially available database or obtaining a photocopy of the person’s ID;
 Provide the person accepting the delivery a notice stating nicotine products are illegal for underage
persons and sales of such products are restricted to individuals who provide verifiable proof of legal age to
purchase;
 Receive payment by a credit card or debit card in the name of the person accepting the delivery or a
personal or company check of the person accepting the delivery, if the order is made in accordance with an
advertisement on the Internet;
 Submit to the credit card company necessary information so that the words “nicotine product” appear on
the person’s credit card statement when a purchase is made using a credit card; and
 Make a phone call to the person accepting the delivery to confirm the order before shipping the order.

A person who accepts an order for a delivery sale of nicotine products or nicotine dispensing devices and delivers
such products without using a delivery service must comply with all of the delivery service requirements listed
above.30

Any person, who is 21 years or older, who knowingly violates the delivery sale’ requirements is guilty of a
misdemeanor of the second degree.31

Florida Contraband Forfeiture Act

The Florida Contraband Forfeiture Act32 prescribes procedures for law enforcement agencies to follow when
seizing, forfeiting, and disposing of property under the act. Property may only be seized if the owner of the
property is arrested for a criminal offense that forms the basis for determining that the property is a contraband
article, or if one of the following circumstances apply:33
 The owner of the property cannot be identified after a diligent search, or the person in possession of the
property denies ownership and the owner of the property cannot be identified by means that are available
to the employee or agent of the seizing agency at the time of the seizure;
 The owner of the property is a fugitive from justice or is deceased;
 An individual who does not own the property is arrested for a criminal offense that forms the basis for
determining that the property is a contraband article and the owner of the property had actual knowledge
of the criminal activity;
 The owner of the property agrees to be a confidential informant; or
 The property is a monetary instrument.

Florida Clean Indoor Air ACT (FCIAA)

The FCIAA prohibits any person under the age of 21 from smoking tobacco or vaping within 1,000 feet of a public
or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. A violation of this

29 Id.
30 Id.
31 Id.
32 Ss. 932.701-932.7062, F.S.,
33 S. 932.703(1), F.S.

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9
prohibition is punishable by a maximum noncriminal civil penalty not to exceed $25, 50 hours of community
service or, where available, successful completion of a school-approved anti-tobacco “alternative to suspension.”34

Division of Alcoholic Beverages

The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of alcoholic
beverages, tobacco products, and nicotine products.

Tobacco and Nicotine Product Retailers

In order to sell tobacco products or nicotine products at retail in Florida, a person must obtain a retail tobacco
products dealer permit or retail nicotine products dealer permit from the Division. A person must obtain a
permit for each place of business or premises where tobacco or nicotine products are sold. 35

The Division may discipline a tobacco retailer or nicotine product retailer’s permit for violating any of the
provisions relating to the retail sale of such products. Such discipline includes administrative fines up to $1,000
and suspension or revocation of a permit.36

However, the Division may not discipline a tobacco retailer or nicotine product retailer’s permit for other
violations of the law, including violating the state hemp program.

Quota Licensees

Under current law, there is not a limit on the number of licenses the Division may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors. These licenses are known as quota licenses and are the only type of alcoholic beverage
license that is limited in number.37

Current law limits the types of items quota licensees may sell. Currently, quota licensees may only sell alcoholic
beverages, bitters, grenadine, nonalcoholic mixer-type beverages, fruit juices, party supplies, party-type foods,
miniatures of no alcoholic content, nicotine products, and tobacco products. If the quota licensee allows for the
consumption of alcohol on the licensee’s establishment then they may also sell items customarily sold in a
restaurant.38

Current law does not prohibit quota licensees from selling products containing hemp; however, it also does not
specifically allow it.

34 S. 386.212, F.S.
35 Ss. 569.003 and 569.32, F.S.
36 Ss. 569.006 and 569.35, F.S.
37 S. 561.20, F.S.
38 S. 565.045, F.S.

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10
RECENT LEGISLATION:

YEAR BILL # HOUSE SENATE OTHER INFORMATION
SPONSOR(S) SPONSOR
2024 HB 1215 Skidmore Harrell Revised requirements for packaging and labeling of
edibles. Died in both Chambers before making it to
any committee.
2024 CS/CS/HB Gregory Burton Provided conditions for the possession, manufacture,
1613 and delivery of hemp extract; prohibited businesses
from possessing hemp extract products that are
attractive to children; prohibited DACS from granting
permission to remove or use certain hemp extract
products until it determines such products comply
with state law; prohibited event organizers from
promoting, advertising, or facilitating certain events
where hemp extract products are sold or marketed.
The House bill was laid on the table, and the Senate
bill was vetoed by the Governor.
2023 CS/CS/HB Robinson, W., Burton Provided that hemp extract is considered a food
1475 Cassel subject to certain requirements, among other things.
The House bill was laid on the table, and the Senate
bill was approved by the Governor.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Housing, Agriculture Hamon Curtin
& Tourism Subcommittee

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11
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

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1 A bill to be entitled
2 An act relating to hemp consumable THC products;
3 amending s. 500.03, F.S.; revising the definition of
4 the term "food"; creating s. 581.19, F.S.; providing
5 for the seizure and destruction of contraband hemp
6 consumable THC products; requiring the Department of
7 Agriculture and Consumer Services and law enforcement
8 agencies to keep specified records; providing
9 applicability; amending s. 581.217, F.S.; revising and
10 providing definitions; providing for the distribution
11 and retail sale of hemp consumable THC products;
12 authorizing the department to adopt rules; providing
13 penalties; providing for the certification of
14 independent laboratories by the department; requiring
15 the Department of Health to assist the Department of
16 Agriculture and Consumer Services in developing
17 specified rules; authorizing the department to take
18 certain actions against licensees and permittees;
19 creating s. 581.218, F.S.; providing definitions;
20 providing for mail order, Internet, and remote sales
21 of hemp consumable THC products; providing penalties;
22 creating s. 581.220, F.S.; prohibiting the ingestion
23 of hemp consumable THC products near school
24 properties; providing exceptions; providing penalties;
25 amending ss. 565.04 and 565.045, F.S.; authorizing

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26 specified businesses to sell hemp consumable THC
27 products; amending ss. 569.006 and 569.35, F.S.;
28 conforming provisions to changes made by the act;
29 providing an appropriation; providing effective dates.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Effective January 1, 2026, paragraph (n) of
34 subsection (1) of section 500.03, Florida Statutes, is amended
35 to read:
36 500.03 Definitions; construction; applicability.—
37 (1) For the purpose of this chapter, the term:
38 (n) "Food" includes:
39 1. Articles used for food or drink for human consumption;
40 2. Chewing gum;
41 3. Articles used for components of any such article;
42 4. Articles for which health claims are made, which claims
43 are approved by the Secretary of the United States Department of
44 Health and Human Services and which claims are made in
45 accordance with s. 343(r) of the federal act, and which are not
46 considered drugs solely because their labels or labeling contain
47 health claims;
48 5. Dietary supplements as defined in 21 U.S.C. s.
49 321(ff)(1) and (2); and
50 6. Hemp consumable THC products Hemp extract as defined in

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51 s. 581.217(3) s. 581.217.
52
53 The term includes any raw, cooked, or processed edible
54 substance; ice; any beverage; or any ingredient used, intended
55 for use, or sold for human consumption.
56 Section 2. Effective January 1, 2026, subsections (10)
57 through (13) of section 581.217, Florida Statutes, are
58 renumbered as subsections (11) through (14), respectively,
59 subsections (3) and (7) and present subsections (10), (12), and
60 (13) are amended, and a new subsection (10) is added to that
61 section, to read:
62 581.217 State hemp program.—
63 (3) DEFINITIONS.—As used in this section, the term:
64 (a) "Attractive to children" means manufactured in the
65 shape of or packaged in containers or packages displaying
66 humans, cartoons, or animals, toys, or other features that
67 target children; manufactured in a form or packaged in a
68 container or package that bears any reasonable resemblance to an
69 existing candy or snack product that is familiar to the public;
70 manufactured in a form or packaged in a container or package
71 that bears any reasonable resemblance to a as a widely
72 distributed, branded food product such that the a product could
73 be mistaken for the branded food product, especially by
74 children; or containing any color additives.
75 (b) "Certifying agency" has the same meaning as in s.

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76 578.011(8).
77 (c) "Cigarette" means any roll for smoking.
78 (d)(c) "Contaminants unsafe for human consumption"
79 includes, but is not limited to, any microbe, fungus, yeast,
80 mildew, herbicide, pesticide, fungicide, residual solvent,
81 metal, or other contaminant found in any amount that exceeds any
82 of the accepted limitations as determined by rules adopted by
83 the Department of Health in accordance with s. 381.986, or other
84 limitation pursuant to the laws of this state, whichever amount
85 is less.
86 (e)(d) "Cultivate" means planting, watering, growing, or
87 harvesting hemp.
88 (f)(e) "Hemp" means the plant Cannabis sativa L. and any
89 part of that plant, including the seeds thereof, and all
90 derivatives, extracts, cannabinoids, isomers, acids, salts, and
91 salts of isomers thereof, whether growing or not, that has a
92 total delta-9-tetrahydrocannabinol concentration that does not
93 exceed 0.3 percent on a dry-weight basis, with the exception of
94 hemp consumable THC products hemp extract, which may not exceed
95 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight
96 basis.
97 (g) "Hemp consumable THC product" means a substance or
98 compound intended for ingestion, containing more than trace
99 amounts of tetrahydrocannabinol derived from hemp or any other
100 source, or for inhalation which is derived from or contains

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101 tetrahydrocannabinol derived from hemp or any other source, and
102 which does not contain controlled substances. The term does not
103 include synthetic cannabidiol or seeds or seed-derived
104 ingredients that are generally recognized as safe by the United
105 States Food and Drug Administration or marijuana used for
106 medical purposes under s. 381.986.
107 (f) "Hemp extract" means a substance or compound intended
108 for ingestion, containing more than trace amounts of a
109 cannabinoid, or for inhalation which is derived from or contains
110 hemp and which does not contain controlled substances. The term
111 does not include synthetic cannabidiol or seeds or seed-derived
112 ingredients that are generally recognized as safe by the United
113 States Food and Drug Administration.
114 (h)(g) "Independent testing laboratory" means a laboratory
115 that:
116 1. Does not have a direct or indirect interest in the
117 entity whose product is being tested;
118 2. Does not have a direct or indirect interest in a
119 facility that cultivates, processes, distributes, dispenses, or
120 sells hemp or hemp consumable THC products hemp extract in the
121 state or in another jurisdiction or cultivates, processes,
122 distributes, dispenses, or sells marijuana, as defined in s.
123 381.986; and
124 3. Is certified by the Department of Health as a medical
125 marijuana testing laboratory pursuant to s. 381.988 or is

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126 certified by the department pursuant to subsection (10) as being
127 substantially equivalent to a medical marijuana testing
128 laboratory accredited by a third-party accrediting body as a
129 competent testing laboratory pursuant to ISO/IEC 17025 of the
130 International Organization for Standardization.
131 (i) "Manufacturer" means any person or entity that engages
132 in the process of manufacturing, preparing, or packaging hemp
133 consumable THC products.
134 (j) "Retailer" means any person or entity who sells hemp
135 consumable THC products to consumers.
136 (k) "Vapor-generating electronic device" means any device
137 or product that employs an electronic, chemical, or mechanical
138 means of producing vapor or aerosol from a hemp consumable THC
139 product or any other substance, including, but not limited to,
140 an electronic cigarette, electronic cigar, electronic cigarillo,
141 electronic pipe, or other similar device or product; any
142 replacement cartridge for such device or product; and any other
143 container of a solution or other substance intended to be used
144 with or within such device or product.
145 (l) "Wholesaler" means any person or entity located within
146 or outside this state which delivers or sells hemp consumable
147 THC products to retailers or other persons for purposes of
148 resale.
149 (7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC
150 PRODUCTS HEMP EXTRACT.—

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151 (a) Hemp consumable THC products Hemp extract may only be
152 distributed and sold in the state if the product:
153 1. Has a certificate of analysis prepared by an
154 independent testing laboratory that states:
155 a. The hemp consumable THC product hemp extract is the
156 product of a batch tested by the independent testing laboratory;
157 b. The batch contained a total delta-9-
158 tetrahydrocannabinol concentration that did not exceed 0.3
159 percent pursuant to the testing of a random sample of the batch;
160 c. The batch does not contain contaminants unsafe for
161 human consumption; and
162 d. The batch was processed in a facility that holds a
163 current and valid permit issued by a human health or food safety
164 regulatory entity with authority over the facility, and that
165 facility meets the human health or food safety sanitization
166 requirements of the regulatory entity. Such compliance must be
167 documented by a report from the regulatory entity confirming
168 that the facility meets such requirements.
169 2. Was tested by an independent testing laboratory, and
170 the laboratory's certificate of analysis states:
171 a. The hemp consumable THC product was tested for:
172 (I) Cannabinoids.
173 (II) Heavy metals.
174 (III) Mycotoxins.
175 (IV) Pesticides.

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176 (V) Residual solvents.
177 (VI) Any other controlled substance.
178 (VII) Any other substance the department deems necessary.
179 b. The hemp consumable THC product contained a total
180 delta-9-tetrahydrocannabinol concentration that did not exceed
181 0.3 percent pursuant to the testing of a sample of the hemp
182 consumable THC product.
183 c. The hemp consumable THC product contained
184 tetrahydrocannabinol that did not exceed the limitations in this
185 subsection.
186 d. The product does not contain contaminants unsafe for
187 human consumption.
188 e. Manufacturers, wholesalers, and retailers are required
189 to have their hemp consumable THC products tested by an
190 independent testing laboratory. A wholesaler or retailer is not
191 required to test its hemp consumable THC products if the
192 product:
193 (I) Is packaged in a in a manner that may be sold to the
194 ultimate consumer when the wholesaler or retailer receives the
195 product from the manufacturer or wholesaler;
196 (II) Was tested in accordance with paragraph (a) by the
197 manufacturer or wholesaler; and
198 (III) Has not been opened by the wholesaler or retailer.
199 3.2. Is distributed or sold in a container and package
200 that includes:

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201 a. A scannable barcode or quick response code linked to
202 the certificate of analysis of the hemp consumable THC product
203 hemp extract batch by an independent testing laboratory;
204 b. The hemp consumable THC product batch number;
205 c. The Internet address of a website where batch
206 information may be obtained;
207 d. The expiration date of the hemp consumable THC product;
208 and
209 e. The number of milligrams of each marketed cannabinoid
210 per serving.
211 4.3. Is distributed or sold in a container and package
212 that:
213 a. Is suitable to contain products for human consumption;
214 b. Is composed of materials designed to minimize exposure
215 to light;
216 c. Mitigates exposure to high temperatures;
217 d. Is a single color and not transparent. However, the
218 universal symbol, scannable barcode, quick response code, and
219 any text must be a different color than the container and
220 package;
221 e. Does not contain any pictures or images other than a
222 single logo, which may not be attractive to children and may not
223 cover more than 20 percent of the container or package;
224 f. Does not contain any text, pictures, or images that
225 directly or indirectly say the product causes or may cause an

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226 intoxicating or psychoactive effect;
227 g. Contains a clear and conspicuous warning on the front
228 of the package and container that is developed by the department
229 and states the product contains tetrahydrocannabinol;
230 h. Contains a hemp consumable THC product universal symbol
231 developed by the department;
232 i. Contains the number of milligrams of
233 tetrahydrocannabinol in the container and package and the amount
234 in each individual serving in a clear and conspicuous manner;
235 j. d. Is not attractive to children; and
236 k. e. Is compliant with the United States Poison
237 Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.,
238 without regard to provided exemptions. For purposes of this
239 subparagraph, a beverage in a sealed container is considered
240 compliant with the United States Poison Prevention Packaging Act
241 of 1970, 15 U.S.C. ss. 1471 et seq.
242 (b) Hemp consumable THC products may only be sold at
243 retail subject to the following limitations:
244 1. Beverages must:
245 a. Contain no more than 5 milligrams of
246 tetrahydrocannabinol per 6 ounces.
247 b. Be in a container that holds no more than 12 ounces.
248 c. Be in a package with no more than 10 containers per
249 package.
250 2. Cigarettes and vapor-generating electronic devices

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251 must:
252 a. Contain no more than 2.5 milligrams of
253 tetrahydrocannabinol per gram.
254 b. Be in a cigarette or vapor-generating electronic device
255 that contains no more than 1 gram.
256 c. Be in a container that holds no more than 20 cigarettes
257 or vapor-generating electronic devices.
258 d. Be in a package that contains no more than one
259 container.
260 3. Edibles must:
261 a. Contain no more than 2.5 milligrams of
262 tetrahydrocannabinol per gram.
263 b. Be in an edible that contains no more than 2 grams and
264 is individually wrapped.
265 c. Be in a container with no more than 20 edibles.
266 d. Be in a package that contains no more than one
267 container.
268 4. Tinctures must:
269 a. Contain no more than 100 milligrams of
270 tetrahydrocannabinol per 35 grams.
271 b. Be in a container that holds no more than 35 grams.
272 c. Be in a package that holds no more than one container.
273
274 This paragraph is repealed December 31, 2028.
275 (c) Effective January 1, 2029, hemp consumable THC

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276 products may only be sold at retail subject to the following
277 limitations:
278 1. Beverages must:
279 a. Contain no more than 2.5 milligrams of
280 tetrahydrocannabinol per 6 ounces.
281 b. Be in a container that holds no more than 12 ounces.
282 c. Be in a package with no more than 10 containers per
283 package.
284 2. Cigarettes and vapor-generating electronic devices
285 must:
286 a. Contain no more than 1.25 milligrams of
287 tetrahydrocannabinol per gram.
288 b. Be in a cigarette or vapor-generating electronic device
289 that contains no more than 1 gram.
290 c. Be in a container that holds no more than 20 cigarettes
291 or vapor-generating electronic devices.
292 d. Be in a package that contains no more than one
293 container.
294 3. Edibles must:
295 a. Contain no more than 1.25 milligrams of
296 tetrahydrocannabinol per gram.
297 b. Be in an edible that contains no more than 2 grams and
298 is individually wrapped.
299 c. Be in a container with no more than 20 edibles.
300 d. Be in a package that contains no more than one

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301 container.
302 5. Tinctures must:
303 a. Contain no more than 50 milligrams of
304 tetrahydrocannabinol per 35 grams.
305 b. Be in a container that holds no more than 35 grams.
306 c. Be in a package that holds no more than one container.
307 (d) Nothing in paragraph (c) shall limit the amount of
308 cannabidiol allowed in hemp consumable THC products.
309 (e) The retail sale and delivery of hemp consumable THC
310 products is prohibited, except:
311 1. At establishments that have a food permit from the
312 department and prohibit the presence of persons under 21 years
313 of age on the establishment's premises;
314 2. At establishments that have a food permit from the
315 department and have a quota licensed issued under s.
316 565.02(1)(a)-(f). Establishments with a quota licensed issued
317 under s. 565.02(1)(a)-(f) which allow the presence of persons
318 under 21 years of age on the establishment's premises must place
319 hemp consumable THC products, not including beverages, in an
320 area inaccessible to customers. Such establishments may place
321 hemp consumable THC products, not including beverages, in an
322 open display unit as long as the unit is located in an area that
323 is inaccessible to customers; or
324 3. In accordance with the mail order, Internet, and remote
325 sales of hemp consumable THC products requirements in s.

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326 581.218.
327 (f) Hemp consumable THC products may not be sold, given,
328 bartered, furnished, or delivered to consumers at wholesale or
329 at festivals, fairs, trade shows, farmers markets, expositions,
330 or pop-up retail establishments.
331 (h)(b) Hemp consumable THC products Hemp extract may only
332 be sold to a business in this state if that business is properly
333 permitted as required by this section.
334 (i)(c) Hemp consumable THC products Hemp extract
335 distributed or sold in this state are is subject to the
336 applicable requirements of chapter 500, chapter 502, or chapter
337 580.
338 (j) A person or entity may not sell, deliver, barter,
339 give, or furnish hemp consumable THC products that total more
340 than 100 milligrams of tetrahydrocannabinol to a person in a 24-
341 hour period unless the person receiving the hemp consumable THC
342 products is receiving the products on behalf of a cultivator,
343 manufacturer, wholesaler, or retailer for resale.
344 (k)(d) Hemp consumable THC products that are intended for
345 human ingestion or inhalation and that contain hemp extract,
346 including, but not limited to, snuff, chewing gum, and other
347 smokeless products, may not be sold, delivered, bartered, given,
348 or furnished in this state to a person who is under 21 years of
349 age. For a first violation of this subsection, a person who
350 violates this paragraph commits a misdemeanor of the second

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351 degree, punishable as provided in s. 775.082 or s. 775.083. A
352 person who commits a second or subsequent violation of this
353 subsection paragraph within 12 months 1 year after the first
354 initial violation commits a misdemeanor of the first degree,
355 punishable as provided in s. 775.082 or s. 775.083. A person who
356 commits a third or subsequent violation within 12 months after
357 the second violation commits a felony of the third degree,
358 punishable as provided in s. 775.082 or s. 775.083.
359 (l)(e) In addition to paragraph (k), hemp consumable THC
360 products hemp extract distributed or sold in violation of this
361 subsection are is subject to s. 500.172 and penalties as
362 provided in s. 500.121. Hemp consumable THC products Hemp
363 extract products found to be mislabeled or in violation of
364 subsection (7) attractive to children are subject to an
365 immediate stop-sale order.
366 (10) CERTIFICATION OF INDEPENDENT LABORATORIES BY THE
367 DEPARTMENT.—
368 (a) The department must certify any laboratory located in
369 this state or another state which meets the qualifications of an
370 independent testing laboratory. However, a medical marijuana
371 testing laboratory certified pursuant to s. 381.988 is not
372 required to receive certification by the department.
373 (b) The department must adopt rules establishing the
374 standards for certification and must adopt rules for the testing
375 and reporting of hemp consumable THC products under this

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376 section. The Department of Health must assist the department in
377 developing the rules for the certification of independent
378 testing laboratories, which must include, but are not limited
379 to:
380 1. Security standards.
381 2. Minimum standards for personnel.
382 3. Sample collection method and process standards.
383 4. Proficiency testing for tetrahydrocannabinol potency,
384 concentration of cannabidiol, and contaminants unsafe for human
385 consumption, as determined by department rule.
386 5. Reporting content, format, and frequency.
387 6. Audits and onsite inspections.
388 7. Quality assurance.
389 8. Equipment and methodology.
390 9. Chain of custody.
391 10. Any other standard the department deems necessary.
392 (c) The department shall adopt rules establishing a
393 procedure for initial certification and biennial renewal. The
394 department shall renew the certification biennially if the
395 laboratory meets the requirements of this section or any rules
396 adopted under this subsection.
397 (d) The department shall publish on its website a list of
398 all laboratories that have received certification.
399 (e) The department may refuse to issue or renew, or may
400 suspend or revoke, the certification of a laboratory that is

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401 found to be in violation of this section or any rules adopted
402 under this subsection.
403 (f) Any laboratory that receives certification under this
404 subsection from the department agrees to random unannounced
405 audits and onsite inspections by the department or agents
406 thereof.
407 (11)(10) VIOLATIONS.—
408 (a) A licensee must complete a corrective action plan if
409 the department determines that the licensee has negligently
410 violated this section or department rules, including
411 negligently:
412 1. Failing to provide the legal land description and
413 global positioning coordinates pursuant to subsection (5);
414 2. Failing to obtain a proper license or other required
415 authorization from the department; or
416 3. Producing Cannabis sativa L. that has a total delta-9-
417 tetrahydrocannabinol concentration that exceeds 0.3 percent on a
418 dry-weight basis.
419 (b) The corrective action plan must include:
420 1. A reasonable date by which the licensee must correct
421 the negligent violation; and
422 2. A requirement that the licensee periodically report to
423 the department on compliance with this section and department
424 rules for a period of at least 2 calendar years after the date
425 of the violation.

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426 (c) A licensee who negligently violates the corrective
427 action plan under this subsection three times within 5 years is
428 ineligible to cultivate hemp for 5 years following the date of
429 the third violation.
430 (d) If the department determines that a licensee has
431 violated this section or department rules with a culpable mental
432 state greater than negligence, the department shall immediately
433 report the licensee to the Attorney General and the United
434 States Attorney General.
435 (e) In addition to any other penalties provided by law,
436 the department may take any of the following actions against any
437 person licensed or permitted by the department for a violation
438 of this section:
439 1. Place on probation or reprimand the licensee or
440 permitee.
441 2. Revoke, suspend, or deny the issuance or renewal of the
442 license or permit.
443 3. Impose an administrative fine not to exceed $5,000 per
444 violation or assess costs associated with investigation and
445 prosecution.
446 (13)(12) RULES.—The department shall adopt rules to
447 administer the state hemp program. The rules must provide for:
448 (a) A procedure that uses post-decarboxylation or other
449 similarly reliable methods for testing the delta-9-
450 tetrahydrocannabinol concentration of cultivated hemp.

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451 (b) A procedure for the effective disposal of plants,
452 whether growing or not, that are cultivated in violation of this
453 section or department rules, and products derived from those
454 plants.
455 (c) Packaging and labeling requirements that ensure that
456 hemp consumable THC products are not in violation of subsection
457 (7) hemp extract intended for human ingestion or inhalation is
458 not attractive to children.
459 (d) Advertising regulations that ensure that hemp
460 consumable THC products hemp extract intended for human
461 ingestion or inhalation are is not marketed or advertised in a
462 manner that specifically targets or is attractive to children.
463 (14)(13) APPLICABILITY.—Notwithstanding any other law:
464 (a) This section does not authorize a licensee to violate
465 any federal or state law or regulation.
466 (b) This section does not apply to a pilot project
467 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
468 (c) A licensee who negligently violates this section or
469 department rules is not subject to any criminal or civil
470 enforcement action by the state or a local government other than
471 the enforcement of violations of this section as authorized
472 under subsection (11) (10).
473 Section 3. Effective January 1, 2026, section 581.218,
474 Florida Statutes, is created to read:
475 581.218 Mail order, Internet, and remote sales of hemp

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476 consumable THC products.—
477 (1) As used in this section, the term:
478 (a) "Consumer" means a person in this state who comes into
479 possession of any hemp consumable THC products and who, at the
480 time of possession, does not intend to sell or distribute the
481 hemp consumable THC products or is not a retailer.
482 (b) "Delivery sale" means any sale of a hemp consumable
483 THC product to a consumer in the state for which:
484 1. The consumer submits the order for the sale by
485 telephonic or other voice transmission, mail, delivery service,
486 or the Internet or other online service; or
487 2. The hemp consumable THC products are delivered by use
488 of mail or a delivery service.
489 (c) "Delivery service" means any person engaged in the
490 commercial delivery of letters, packages, or other containers.
491 (d) "Legal minimum purchase age" means the minimum age at
492 which an individual may legally purchase hemp consumable THC
493 products in this state.
494 (e) "Retailer" has the same meaning as in s. 581.217(3).
495 (f) "Shipping container" means a container in which hemp
496 consumable THC products are shipped in connection with a
497 delivery sale.
498 (g) "Shipping document" means a bill of lading, airbill,
499 United States Postal Service form, or any other document used to
500 verify the undertaking by a delivery service to deliver letters,

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501 packages, or other containers.
502 (h) "Hemp consumable THC product" has the same meaning as
503 in s. 581.217(3).
504 (i) "Wholesaler" has the same meaning as in s. 581.217(3).
505 (2)(a) The sale of hemp consumable THC products
506 constituting a delivery sale under paragraph (1)(b) is a
507 delivery sale regardless of whether the person accepting the
508 order for the delivery sale is located within or outside this
509 state.
510 (b) A retailer must obtain a food permit from the
511 department under chapter 500 before accepting an order for a
512 delivery sale of hemp consumable THC products.
513 (c) A person may not make a delivery sale of hemp
514 consumable THC products to any individual who is not 21 years of
515 age or older.
516 (d) Each person accepting an order for a delivery sale of
517 hemp consumable THC products must comply with all of the
518 following:
519 1. The age verification requirements of subsection (3).
520 2. The disclosure requirements of subsection (4).
521 3. The shipping requirements of subsection (5).
522 (3) A person may not mail, ship, or otherwise deliver hemp
523 consumable THC products in connection with an order for a
524 delivery sale unless, before the first delivery to the consumer,
525 the person accepting the order for the delivery sale does all of

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526 the following:
527 (a) Obtains from the person submitting the order a
528 certification that includes:
529 1. Reliable confirmation that the person is 21 years of
530 age or older; and
531 2. A statement signed by the person in writing and under
532 penalty of perjury which:
533 a. Certifies the address and date of birth of the person;
534 and
535 b. Confirms that the person wants to receive delivery
536 sales from a hemp consumable THC product retailer and
537 understands that, under the laws of the state, the following
538 actions are illegal:
539 (I) Signing another person's name to the certification.
540 (II) Selling hemp consumable THC products to individuals
541 who are not 21 years of age or older.
542 (III) Purchasing hemp consumable THC products if the
543 person making the purchase is not 21 years of age or older.
544 (b) Makes a good faith effort to verify the information
545 contained in the certification provided by the individual
546 pursuant to paragraph (a) against a commercially available
547 database that may be reasonably relied upon for accurate age
548 information or obtains a photocopy or other image of a valid
549 government-issued identification card stating the date of birth
550 or age of the individual.

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551 (c) Provides to the individual, by electronic mail or
552 other means, a notice meeting the requirements of subsection
553 (4).
554 (d) If an order for hemp consumable THC products is made
555 pursuant to an advertisement on the Internet, receives payment
556 for the delivery sale from the consumer by a credit or debit
557 card issued in the name of the consumer, or by personal or
558 company check of the consumer.
559 (e) Submits, to each credit card acquiring company with
560 which the person has credit card sales, identification
561 information in an appropriate form and format so that the words
562 "Hemp consumable THC product" may be printed in the purchaser's
563 credit card statement when a purchase of hemp consumable THC
564 products is made by credit card payment.
565 (f) Makes a telephone call after 5 p.m. to the purchaser
566 confirming the order before shipping the hemp consumable THC
567 products. The telephone call may be a person-to-person call or a
568 recorded message. The person accepting the order for delivery
569 sale is not required to speak directly with a person and may
570 leave a message on an answering machine or through voicemail.
571
572 In addition to the requirements of this subsection, a person
573 accepting an order for a delivery sale of hemp consumable THC
574 products may request that a consumer provide an e-mail address.
575 (4) The notice under paragraph (3)(c) must include

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576 prominent and clearly legible statements that sales of hemp
577 consumable THC products are:
578 (a) Illegal if made to individuals who are not 21 years of
579 age or older.
580 (b) Restricted to those individuals who provide verifiable
581 proof of age pursuant to subsection (3).
582 (5) Each person who mails, ships, or otherwise delivers
583 hemp consumable THC products in connection with an order for a
584 delivery sale must:
585 (a) Ship hemp consumable THC products that comply with the
586 limitations on the retail sale of such products in s. 581.217.
587 (b) Ship the hemp consumable THC products in a container
588 that complies with the container requirements of s. 518.217.
589 (c) Include as part of the shipping documents, in a clear
590 and conspicuous manner, the following statement: "Hemp
591 consumable THC product: Florida law prohibits shipping to
592 individuals under 21 years of age."
593 (d) Use a method of mailing, shipping, or delivery that
594 obligates the delivery service to require:
595 1. The individual submitting the order for the delivery
596 sale or another person 21 years of age or older who resides at
597 the individual's address to sign his or her name to accept
598 delivery of the shipping container.
599 2. Proof that the individual is the addressee, or an
600 individual who is 21 years of age or older designated by the

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601 addressee, in the form of a valid, government-issued
602 identification card bearing a photograph of the individual who
603 signs to accept delivery of the shipping container.
604
605 If the person accepting a purchase order for a delivery sale
606 delivers the hemp consumable THC products without using a
607 delivery service, the person must comply with all of the
608 requirements of this section which apply to a delivery service.
609 Any failure to comply with a requirement of this section
610 constitutes a violation thereof.
611 (6) This section does not apply to delivery sales of hemp
612 consumable THC products to a retailer or wholesaler.
613 (7) An individual who is 21 years of age or older who
614 knowingly violates any provision of this section commits a
615 misdemeanor of the second degree, punishable as provided in s.
616 775.082 or s. 775.083.
617 (8) The Attorney General, the Attorney General's designee,
618 or a state attorney may bring an action in the appropriate court
619 in the state to prevent or restrain violations of this section
620 by any person.
621 Section 4. Effective January 1, 2026, section 581.219,
622 Florida Statutes, is created to read:
623 581.219 Seizure and destruction of contraband hemp
624 consumable THC products.—All hemp consumable THC products, as
625 defined in s. 581.217(3), sold, offered for sale, delivered, or

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626 distributed contrary to any provision of ss. 581.217 and 581.218
627 are declared to be contraband, are subject to seizure and
628 confiscation under the Florida Contraband Forfeiture Act by any
629 person whose duty it is to enforce those sections, and must be
630 disposed of as follows:
631 (1) A court having jurisdiction shall order the hemp
632 consumable THC products forfeited upon a showing that, by a
633 preponderance of the evidence, the products were sold, offered
634 for sale, delivered, or distributed contrary to any provision of
635 ss. 581.217 and 581.218. Upon completion of any chapter 120
636 proceedings related to the seized hemp consumable THC products,
637 the court shall order the products destroyed except as provided
638 by applicable court orders. The officer who destroys the
639 products shall keep a record of the location where the products
640 were seized, the kinds and quantities of the products destroyed,
641 and the time, place, and manner of the destruction of the
642 products and shall make a return under oath reporting such
643 destruction.
644 (2) The department or seizing law enforcement agency shall
645 keep a full and complete record of all products seized under
646 this section showing:
647 (a) The exact kinds, quantities, and forms of the
648 products.
649 (b) The persons from whom the products were seized and to
650 whom they were delivered.

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651 (c) By whose authority the products were seized,
652 delivered, and destroyed.
653 (d) The dates of the seizure, disposal, and destruction of
654 the products.
655
656 Records under this subsection must be open to inspection by all
657 persons charged with the enforcement of ss. 581.217 and 581.218.
658 (3) The cost of seizure, confiscation, and destruction of
659 contraband hemp consumable THC products is borne by the person
660 from whom the products are seized.
661 (4) Except as otherwise provided in this section, the
662 procedures of the Florida Contraband Forfeiture Act apply to
663 this section.
664 Section 5. Effective January 1, 2026, section 581.220,
665 Florida Statutes, is created to read:
666 581.220 Ingesting hemp consumable THC products prohibited
667 near school property.—
668 (1) A person may not ingest hemp consumable THC products,
669 as defined in s. 581.217(3), in, on, or within 1,000 feet of the
670 real property comprising a public or private elementary, middle,
671 or secondary school between the hours of 6 a.m. and midnight.
672 This section does not apply to a person who is in a moving
673 vehicle or within a private residence.
674 (2) A law enforcement officer may issue a citation in such
675 form as prescribed by a county or municipality to any person who

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676 violates this section. The citation must contain all of the
677 following:
678 (a) The date and time of issuance.
679 (b) The name and address of the person cited.
680 (c) The date and time the civil infraction was committed.
681 (d) The statute violated.
682 (e) The facts constituting the violation.
683 (f) The name and authority of the law enforcement officer.
684 (g) The procedure for the person to follow to pay the
685 civil penalty, to contest the citation, or to appear in court.
686 (h) The applicable civil penalty if the person elects not
687 to contest the citation.
688 (3) Any person issued a citation pursuant to this section
689 is charged with a civil infraction, punishable by a civil
690 penalty of up to $25, 50 hours of community service, or, where
691 available, successful completion of a school-approved, anti-
692 drug, alternative-to-suspension program.
693 (4) Any person who fails to comply with the directions on
694 the citation waives his or her right to contest the citation,
695 and an order to show cause may be issued by the court.
696 Section 6. Effective January 1, 2026, subsection (1) of
697 section 565.04, Florida Statutes, is amended to read:
698 565.04 Package store restrictions.—
699 (1) Vendors licensed under s. 565.02(1)(a) shall not in
700 said place of business sell, offer, or expose for sale any

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701 merchandise other than such beverages, and such places of
702 business shall be devoted exclusively to such sales; provided,
703 however, that such vendors shall be permitted to sell bitters;
704 grenadine; nonalcoholic mixer-type beverages, not to include
705 fruit juices produced outside this state; fruit juices produced
706 in this state; home bar and party supplies and equipment,
707 including but not limited to glassware and party-type foods;
708 miniatures of no alcoholic content; nicotine products; and
709 tobacco products. Such places of business shall have no openings
710 permitting direct access to any other building or room, except
711 to a private office or storage room of the place of business
712 from which patrons are excluded. Vendors licensed under s.
713 565.02(1)(a) may sell hemp consumable THC products in accordance
714 with s. 581.217 and 581.218.
715 Section 7. Effective January 1, 2026, paragraph (a) of
716 subsection (2) of section 565.045, Florida Statutes, is amended
717 to read:
718 565.045 Regulations for consumption on premises; penalty;
719 exemptions.—
720 (2)(a) There shall not be sold at such places of business
721 anything other than the beverages permitted, home bar and party
722 supplies and equipment (including, but not limited to, glassware
723 and party-type foods), cigarettes, hemp consumable THC products
724 in accordance with s. 581.217 and 581.218, and what is
725 customarily sold in a restaurant.

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726 Section 8. Section 569.006, Florida Statutes, is amended
727 to read:
728 569.006 Retail tobacco products dealers; administrative
729 penalties.—The division may suspend or revoke the permit of the
730 dealer upon sufficient cause appearing of the violation of any
731 of the provisions of s. 581.217, s. 581.218, or this chapter,
732 including part II of this chapter if the dealer deals, at
733 retail, in nicotine products within the state or allows a
734 nicotine products vending machine to be located on its premises
735 within the state, by a dealer or by a dealer's agent or
736 employee. The division may also assess and accept administrative
737 fines of up to $1,000 against a dealer for each violation. The
738 division shall deposit all fines collected into the General
739 Revenue Fund as collected. An order imposing an administrative
740 fine becomes effective 15 days after the date of the order. The
741 division may suspend the imposition of a penalty against a
742 dealer, conditioned upon the dealer's compliance with terms the
743 division considers appropriate.
744 Section 9. Section 569.35, Florida Statutes, is amended to
745 read:
746 569.35 Retail nicotine product dealers; administrative
747 penalties.—The division may suspend or revoke the permit of a
748 dealer, including the retail tobacco products dealer permit of a
749 retail tobacco products dealer as defined in s. 569.002(4), upon
750 sufficient cause appearing of the violation of any of the

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751 provisions of s. 581.217, s. 581.218, or this part, by a dealer,
752 or by a dealer's agent or employee. The division may also assess
753 and accept an administrative fine of up to $1,000 against a
754 dealer for each violation. The division shall deposit all fines
755 collected into the General Revenue Fund as collected. An order
756 imposing an administrative fine becomes effective 15 days after
757 the date of the order. The division may suspend the imposition
758 of a penalty against a dealer, conditioned upon the dealer's
759 compliance with terms the division considers appropriate.
760 Section 10. Except as otherwise expressly provided in this
761 act, this act shall take effect July 1, 2025.

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PCB HAT 25-02
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 #: PCB HAT 25-02 COMPANION BILL: None
TITLE: Taxation of Hemp Consumable THC Products LINKED BILLS: PCB HAT 25-01
SPONSOR(S): Housing, Agriculture & Tourism RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Housing, Agriculture & Tourism

SUMMARY
Effect of the Bill:
The bill levies a tax on hemp consumable THC products. The tax for such products, except for beverages, is 60% of
the wholesale price. The tax for hemp consumable THC beverages is $2.25 per gallon for such beverages sold in
bulk, and $0.29 per pint or fraction thereof for hemp consumable THC beverages sold in containers of less than one
gallon.

Fiscal or Economic Impact:
The bill will have an indeterminate positive fiscal impact on state government.

Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the membership of both houses of the Legislature for final passage.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill levies a tax on hemp consumable THC products. The tax for such products is:
 60% of the wholesale price for all hemp consumable THC products except beverages.
 $2.25 per gallon for hemp consumable THC beverages sold in bulk, and $0.29 per pint or fraction thereof
for hemp consumable THC beverages sold in containers of less than one gallon. (Section 1)

“Hemp consumable THC product” is defined as a substance or compound intended for ingestion, containing more
than trace amounts of tetrahydrocannabinol (THC) derived from hemp or any other source, or for inhalation which
is derived from or contains tetrahydrocannabinol derived from hemp or any other source, and which does not
contain controlled substances. (Section 1)

The term does not include synthetic cannabidiol or seeds or seed-derived ingredients that are generally recognized
as safe by the United States Food and Drug Administration or marijuana used for medical purposes. (Section 1)

Article VII, s. 19(a) of the Florida Constitution requires a two-thirds vote of the membership of each house to
impose or authorize a new tax or fee. The bill creates a new tax and, therefore, must be approved by two-thirds of
the membership of each house to be presented to the Governor for approval.

STORAGE NAME: PCB02.HAT
DATE: 3/31/2025
1
The bill provides that hemp consumable THC product manufacturers1, wholesalers,2 and retailers3 are responsible
for paying the tax. Once a tax has been paid for a hemp consumable THC product, the tax may not be re-imposed.
(Section 1)

The tax is collected by the Department of Agriculture and Consumer Services (DACS) and is computed from
reports, books, and records of manufacturers and wholesalers that must be provided to DACS on a monthly basis.
(Section 1)

The bill provides that the first $6 million collected on the taxes for hemp consumable THC products must be
deposited in DACS’ General Inspection Trust Fund for enforcement of the state hemp program and the testing of
hemp consumable THC products. The remainder must be deposited into the General Revenue Fund. (Section 1)

The bill requires manufacturers and wholesalers to submit a monthly report to the DACS. The monthly report must
include the amount of Hemp consumable THC products:
 Manufactured or sold within the state and to whom sold;
 Imported from beyond the limits of the state and to whom sold; and
 Exported beyond the limits of the state, to whom sold, the place where sold, and the address of the person
to whom sold. (Section 1 and 2)

Manufacturers and wholesalers must maintain records for three years of the hemp consumable THC products they
received, sold, or delivered within or outside the state. Retailors must also keep records of all purchases and other
acquisitions of hemp consumable THC products for three years. (Section 2)

The bill provides that any manufacturer, wholesaler, retailor, or other person who fails, neglects, or refuses to
comply with the taxes and reporting requirements for hemp consumable THC products commits a first-degree
misdemeanor. Any person who commits a second or subsequent offense is guilty of a third-degree felony.
(Section 1)

The bill provides that it takes effect the same date as PCB-HAT 25-01 or similar legislation takes effect if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law. (Section 3)

Because the bill imposes a new tax, it requires a three-fifths vote of each house of the Legislature for final passage.4

RULEMAKING:
The bill provides authority to DACS to adopt rules related to the remittance of taxes and submission of the monthly
reports.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill will have an indeterminate positive fiscal impact on the state by increasing the funds received by the state
from the taxes on hemp consumable THC products.

1 “Manufacturer” means any person or entity that engages in the process of manufacturing, preparing, or packaging hemp

consumable THC products.
2 "Wholesaler" means any person or entity located within or outside this state which delivers or sells hemp consumable THC

products to retailers or other persons for purposes of resale.
3 "Retailer" means any person or entity who sells hemp consumable THC products to consumers.
4 See art. VII, s. 19(a), Fla. Const.

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2
PRIVATE SECTOR:
The bill may have an indeterminate negative fiscal impact by requiring manufactures, distributors, and retailers to
pay a tax on hemp consumable THC products, which may be passed on to the consumer.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Hemp
Section 1004.4473, F.S., authorized DACS to oversee the development of an industrial hemp pilot projects for the
Institute of Food and Agricultural Sciences (IFAS) at the University of Florida, Florida Agricultural and Mechanical
University, any land grant university in the state that has a college of agriculture, and any Florida College System
institution or state university that has an established agriculture, engineering, or pharmacy program.5

The purpose of the pilot projects was to cultivate, process, test, research, create, and market safe and effective
commercial applications for industrial hemp in the agricultural sector in this state.6

In 2019, the Legislature created the state hemp program within DACS to regulate the cultivation, distribution, and
sale of hemp in Florida.10

Section 581.217(3)(e), F.S., defines “hemp” to mean:

Consumable Hemp

The state hemp program defines “hemp extract” to mean

5 Section 1004.4473(2)(a), F.S.
6 Fla. Admin. Code R. 5B-57.013.
7 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 12619, 132 Stat. 409 (2018) (codified at 21 U.S.C 802(16)).
8 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C. s. 1639o).
9 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C. s. 1639p).
10 See s. 581.217, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
seed-derived ingredients that are generally recognized as safe by the United States Food and Drug
Administration. Products that are intended for inhalation and contain hemp extract may not be sold
to a person who is under 21 years of age.11

Section 500.03(1)(n), F.S., provides that “hemp extract” is a food product for human ingestion and is subject to the
Florida Food Safety Act.

DACS is the agency responsible for the enforcement of the production, manufacture, transportation, and sale of
food. DACS’s Division of Food Safety (Division) is directly responsible for assuring the public of a safe, wholesome,
and properly represented food supply.12

DACS, as part of its responsibilities, can impose a variety of disciplinary actions against food establishments for
specified violations.13 This includes, but is not limited to, revoking or suspending the permit of a food
establishment14 or imposing Class III15 administrative fines.16 DACS, or its duly authorized agent, can also issue and
enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds that any food, food processing
equipment, food processing area, or food storage area is in violation of the Florida Food Safety Act.17

Taxes

Currently, there are no excise taxes on the sale of consumable hemp products in Florida. However, 23 states have
enacted a tax on the sales of products containing THC.18

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Housing, Agriculture Curtin Brackett
& Tourism Subcommittee

11 Section 581.217(7)(d), F.S. (emphasis supplied)
12
DACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited March 29, 2025).
13
Section 500.121(1), F.S.
14
Id.
15
The fine for each Class III violation cannot exceed $10,000. Section 570.971(1)(c), F.S.
16
Section 500.121(1), F.S.
17
Section 500.172(1), F.S.
18 Adam Hoffer and Jacob Macumber-Rosin, Recreational Marijuana Taxes by State, 2024,

https://taxfoundation.org/data/all/state/recreational-marijuana-taxes/ (last visited March 29, 2025).
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCB HAT 25-02 2025

1 A bill to be entitled
2 An act relating to taxation of hemp consumable THC
3 products; creating s. 581.223, F.S.; providing
4 definitions; providing excise taxes for hemp
5 consumable THC products; requiring manufacturers,
6 wholesalers, and retailers to pay such taxes and
7 submit specified reports to the Department of
8 Agriculture and Consumer Services; providing an
9 exception; providing for the deposit and use of such
10 taxes; providing penalties; requiring the department
11 to adopt rules; creating s. 581.224, F.S.; requiring
12 certain manufacturers and wholesalers to complete and
13 submit to the department specified reports for hemp
14 consumable THC products and maintain specified
15 records; requiring certain retailers to maintain
16 specified records for hemp consumable THC products;
17 providing definitions; providing a contingent
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 581.223, Florida Statutes, is created
23 to read:
24 581.223 Excise taxes on hemp consumable THC products.—
25 (1) As used in this section, the term:

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26 (a) "Manufacturer" has the same meaning as in s.
27 581.217(3).
28 (b) "Retailer" has the same meaning as in s. 581.217(3).
29 (c) "Hemp consumable THC product" has the same meaning as
30 in s. 581.217(3).
31 (d) "Wholesaler" has the same meaning as in s. 581.217(3).
32 (2) As to hemp consumable THC products, except beverages,
33 there shall be paid by all manufacturers, wholesalers, and
34 retailers a tax of 60 percent of the wholesale price of such
35 products.
36 (3) As to hemp consumable THC products that are beverages,
37 there shall be paid by all manufacturers, wholesalers, and
38 retailers a tax of $2.25 cents per gallon in bulk. When such
39 beverages are sold in containers of less than 1 gallon, the tax
40 shall be 29 cents on each pint or fraction thereof in the
41 container.
42 (4) Hemp consumable THC products for which a tax has been
43 previously paid in accordance with this section may not be taxed
44 under this section. The tax shall be computed from the reports,
45 books, and records of manufacturers and wholesalers, and that
46 amount must be remitted with the report required under s.
47 581.224 to the department on or before the 10th of each month
48 for all hemp consumable THC products sold during the previous
49 calendar month.
50 (5) All lost, stolen, or other unaccounted for shortages

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51 occurring outside this state and supported by documentation are
52 not subject to the Florida excise tax for hemp consumable THC
53 products.
54 (6) The first $6 million collected under this section must
55 be deposited into the department's General Inspection Trust Fund
56 to be used for the enforcement of ss. 581.217-581.224 and the
57 testing of hemp consumable THC products. The remainder of the
58 moneys collected under this section must be deposited into the
59 General Revenue Fund.
60 (7) A manufacturer, wholesaler, retailer, or other person
61 who fails, neglects, or refuses to comply with or violates this
62 section or the rules adopted by the department under this
63 section commits a misdemeanor of the first degree, punishable as
64 provided in s. 775.082 or s. 775.083.
65 (8) A manufacturer, wholesaler, retailer, or other person
66 who is convicted of a second or subsequent violation of this
67 section is guilty of a felony of the third degree, punishable as
68 provided in s. 775.082, s. 775.083, or s. 775.084.
69 (9) The department may adopt rules for the remittance of
70 the tax under this section and the submission of reports under
71 s. 581.224.
72 Section 2. Section 581.224, Florida Statutes, is created
73 to read:
74 581.224 Manufacturer, wholesaler, and retailer records and
75 reports.—

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76 (1) Each manufacturer and wholesaler shall keep a complete
77 and accurate record and make reports showing the amount of hemp
78 consumable THC products:
79 (a) Manufactured or sold within this state and to whom the
80 products were sold.
81 (b) Imported from outside this state and to whom the
82 products were sold.
83 (c) Exported outside this state, to whom the products were
84 sold, the place where the products were sold, and the address of
85 the person to whom the products were sold.
86 (2) Each manufacturer and wholesaler shall make a full and
87 complete report by the 10th day of each month for the previous
88 calendar month. The report must be made on forms prepared by the
89 department and filed with the department.
90 (3)(a) Each manufacturer and wholesaler shall maintain and
91 keep the records of hemp consumable THC products received, sold,
92 or delivered within or outside this state for 3 years as may be
93 required by the department.
94 (b) Each retailer shall keep records of all purchases and
95 other acquisitions of hemp consumable THC products for 3 years.
96 (4) For purposes of this section, the terms
97 "manufacturer," "retailer," "hemp consumable THC product," and
98 "wholesaler" have the same meanings as in s. 581.217(3).
99 Section 3. This act shall take effect on the same date
100 that PCB HAT 25-01 or similar legislation takes effect, if such

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101 legislation is adopted in the same legislative session or an
102 extension thereof and becomes a law.

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